Item R07 R.7
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District I
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
August 17, 2022
Agenda Item Number: R.7
Agenda Item Summary #10944
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500
1:30 pm PUBLIC HEARING
AGENDA ITEM WORDING: A Public Hearing to Consider Approval of an Ordinance Proposing
Evaluation and Appraisal (EA) Amendments to the 2030 Comprehensive Plan.
ITEM BACKGROUND:
Monroe County must complete amendments to reflect and satisfy changes in statutory requirements
as Evaluation and Appraisal ("EA") amendments. On March 16, 2022, the Monroe County Board of
County Commissioners ("Board", "BOCC", "Monroe County", or the "County") adopted Resolution
No. 105-2022 to transmit the proposed amendment to the Florida Department of Economic
Opportunity ("DEO") and is now required to adopt (unless choosing not to adopt) the proposed
amendments by January 15, 2023. If the County fails to update the Comprehensive Plan pursuant to
EA requirements, it cannot amend the Comprehensive Plan until such time as it complies with the
EA requirements.
The Monroe County Planning and Environmental Resources Department is proposing EA
amendments to the 2030 Comprehensive Plan to update the Comprehensive Plan to reflect changes
in statutory and rule requirements; to update deadlines within the Comprehensive Plan, to eliminate
accomplished or obsolete provisions, to make corrections to text and eliminate grammatical errors;
and to amend provisions to reflect changes in local conditions and recent data, trends, issues and
challenges.
Monroe County's previous Evaluation and Appraisal Report ("EAR") was adopted by BOCC on
May 22, 2012 via Resolution No. 150-2012. The County prepared Comprehensive Plan amendments
in accordance with the 2012 EAR.
After statutory updates to Florida Statute Section 163.3191, DEO revised the Monroe County
evaluation and appraisal notification letter deadline to May 1, 2014, in Rule 73C-49, Florida
Administrative Code ("F.A.C."). On April 23, 2014, the BOCC approved the EAR Notification
Letter to DEO which specified the necessary Plan amendments required to reflect changes in
Packet Pg. 3361
R.7
requirements in state statutes. The County prepared Comprehensive Plan amendments in accordance
with the 2014 EAR notification letter.
The BOCC adopted the 2030 Comprehensive Plan in April 2016, pursuant to Ordinance No. 005-
2016, which included the County's EAR-based amendments. The Monroe County Year 2030
Comprehensive Plan became effective upon the posting of the Notice of Intent on the DEO website
on June 20, 2016.
Monroe County must evaluate its Comprehensive Plan every seven (7) years and determine if Plan
amendments are necessary to reflect changes in state requirements (i.e., does the County need to
update its Comprehensive Plan to satisfy statutory requirements).
163.3191 Evaluation and Appraisal of Comprehensive Plan.—
(])At least once every 7 years, each local government shall evaluate its comprehensive plan
to determine if plan amendments are necessary to reflect changes in state requirements in
this part since the last update of the comprehensive plan, and notes the state land planning
agency as to its determination.
(2) If the local government determines amendments to its comprehensive plan are necessary
to reflect changes in state requirements, the local government shall prepare and transmit
within I year such plan amendment or amendments for review pursuant to s. 163.3184.
(3) Local governments are encouraged to comprehensively evaluate and, as necessary,
update comprehensive plans to reflect changes in local conditions. Plan amendments
transmitted pursuant to this section shall be reviewed pursuant to s. 163.3184(4).
(4) If a local government fails to submit its letter prescribed by subsection (1) or update its
plan pursuant to subsection (2), it may not amend its comprehensive plan until such time as it
complies with this section.
(S) The state land planning agency may not adopt rules to implement this section, other than
procedural rules or a schedule indicating when local governments must comply with the
requirements of this section.
The professional staff of the Monroe County Planning and Environmental Resources Department
conducted a review of the changes to the Florida Statutes (2012-March 2021) and determined two
(2) amendments to its Comprehensive Plan were necessary to reflect changes in state requirements
for the Peril of Flood legislation (F.S. Section 163.3178(2)(f)) and the revision of the definition of
the term `development' (F.S. Section 380.04; F.S. Section 163.3221; and referenced in F.S.
163.3164(14)). Excerpts of the changes to the pertinent statutory provisions are provided below. The
associated Laws of Florida (L.O.F. 2015-69 and L.O.F. 2018-34) for these updates are attached as
Exhibit 4.
Packet Pg. 3362
Section 163.3178, Coastal Management Element(Chapter 20,15-69, section 1, Laws of Florida)
• Adds a re(JUirement that the ireclevellopimneint coniporient of the Coastal Management
Elenient nILISt:
• Reduce,the flood risk in coastal areas that resUlt from Nigh tide events, storm
Surge,,flash floods, stoirmwater runoff, and the re]ated limpactts of sea leve] rise.
• Encourage reniovA of coastal ireall propeirty from FEMA.flood zone,clesiginatlioins.
• Be conskterit With or more, stringent than the flood resktaint construction
recjuliirenients, in the Rlorlicla Buflicling Code and federal flood Ilnllalirn niianagernent
regWations.
• ReClUire construction seaward of the coastal constiul:Ctlion control line to Ibe,
consistent with chapter 161, PlorWa Statutes.
• Encourage local governimerits to Ipartticulnate, lien the National Flood Insurance
Program COMIR)LInity Rating System to achieve flood insurance prenillUrni diSC'Mints
for their resMerits.
Sections 163.3221(4)(b)(2) and (4)(b)(8), Florida Local Government Development Agreement Act;
definitions(Chiaipter 2018-34, section, 1, Laws of Florida)
• Amends the definition of"development"to exclude work by electric uitillity providers on
utility infrastructuire on certain rights-of-way or corridors and the creation or termination
of distribution anci transmission corridors,
At the February 17, 2021, BOCC meeting, the Board of County Commissioners discussed the draft
evaluation and appraisal notification letter to the DEO with the two identified required updates and
other potential updates to the Comprehensive Plan, which were not required and do not get included
in the notification letter to DEO, but have been found by professional staff to be needed, such as:
1) Update the Rule 28-20 references within the comprehensive plan to reflect the recently
adopted Administration Commission Rule 28-20.140, F.A.C., with the updated Work
Program (mainly canal restoration work program).
2) Update the County's Coastal High Hazard Area ("CHHA") depiction on the Future Land
Use Maps with the updated Florida Department of Emergency Management's SLOSH
modeling.
3) Extending the deadlines (or eliminating) within the comprehensive plan (policies stating
"within X years after the adoption of the comprehensive plan" where the deadline has
already passed); and
4) General text updates, corrections to text and removing grammatical errors and clean-up of
policies
On April 21, 2021, the Board of County Commissioners authorized the Mayor to sign the County's
Evaluation and Appraisal Notification Letter to DEO (attached as Exhibit 3) specifying the
necessary Plan amendments required to reflect changes in requirements in the Florida Statutes: 1)
Update Comprehensive Plan to address the Peril of Flood legislation and 2) Update Comprehensive
Plan definition of the term 'development.'
Packet Pg. 3363
R.7
Pursuant to Florida Statute Section 163.3191, and Rule 73C-49, F.A.C., Monroe County's current
evaluation and appraisal notification letter deadline to DEO was May 1, 2021. The County
transmitted its EA Notification Letter to DEO on April 21, 2021.
On July 1, 2021, after the EA Notification Letter was sent to DEO, Chapter 2021-195, Laws of
Florida (HB 59) went into effect requiring adoption of a property rights element "by the earlier of
the date of its adoption its next proposed plan amendment that is initiated after July 1, 2021, or the
date of the next scheduled evaluation and appraisal of its comprehensive plan pursuant to Section
163.3191, Florida Statutes." The proposed County EA amendments will address this additional
statutory requirement. The associated Laws of Florida for this update is also included within Exhibit
4.
Community Meeting and Public Participation
In accordance with Land Development Code ("LDC") Section 102-159(b)(3), a Community Meeting
was held on October 14, 2021, to provide for public input. There was one (1) member of the public
in attendance.
Development Review Committee and Public Input
The Monroe County Development Review Committee considered the proposed amendment at a
regular meeting on November 15, 2021, and received public input.
Planning Commission and Public Input
The Monroe County Planning Commission considered the proposed amendment at a regular meeting
on January 26, 2022, provided for public input, and recommended approval with proposed changes
to Policy 102.4.2 to prioritize the acquisition of Lower Keys marsh rabbit habitat and buffer area
within the MIAI boundary and to Objective 108.1 to add the County will encourage effective
communication and coordination with Naval Air Station Key West and the other military
activities/facilities within unincorporated Monroe County.
Board of County Commissioners Transmittal to DEO
At a regular meeting on March 16, 2022, the BOCC held a public hearing to consider the proposed
amendments to the Comprehensive Plan, provided for public input, and adopted Resolution 105-
2022 to transmit the proposed amendments to DEO for review. At the public hearing, staff requested
that the proposed creation of new Policy 101.5.34, and amendments to Policy 101.9.4, regarding
elevation of existing homes, be separated from the EAR amendment ordinance and considered for
transmittal at a later date to allow for further refinement of the text. Those amendments were not
transmitted to DEO with the EAR amendment ordinance and will be considered for adoption as a
separate ordinance at a later date.
DEO reviewed the amendment and issued an Objections, Recommendations and Comments (ORC)
report, received by the County on July 20, 2022. The ORC report stated, "the Department does not
identify any objections or comments to the proposed amendment." The County has 180 days from
receipt of the ORC (until January 15, 2023) to choose to adopt, adopt with changes, or not adopt the
proposed amendment.
Packet Pg. 3364
R.7
------------------
Comprehensive Plan amendments may be proposed by the Board of County Commissioners, the
Planning Commission, the Director of Planning, or the owner or other person having a contractual
interest in property to be affected by a proposed amendment. The Director of Planning shall review
and process applications as they are received and pass them on to the Development Review
Committee and the Planning Commission.
The Planning Commission shall hold at least one (1)public hearing. The Planning Commission shall
review the application, the reports and recommendations of the Monroe County Planning and
Environmental Resources Department 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. The BOCC holds a public hearing to consider the
transmittal of the proposed comprehensive plan amendment, and considers the Monroe County
Planning and Environmental Resources Department's professional staff report, professional 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 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.
PREVIOUS RELEVANT BOCC ACTION:
The County's previous Evaluation and Appraisal Report (EAR) was adopted by the BOCC on May
22, 2012 via Resolution No. 150-2012.
The BOCC adopted the 2030 Comprehensive Plan in April 2016, pursuant to Ordinance No. 005-
2016, which included the County's EAR-based amendments.
At the February 17, 2021 BOCC meeting, the Board of County Commissioners discussed the draft
evaluation and appraisal notification letter to the DEO.
On April 21, 2021, the Board of County Commissioners authorized the Mayor to sign the County's
Evaluation and Appraisal Notification Letter to DEO.
On March 16, 2022, the BOCC held a public hearing to consider the proposed amendments to the
Comprehensive Plan, provided for public input, and adopted Resolution 105-2022 to transmit the
proposed amendments to DEO for review.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
Packet Pg. 3365
R.7
DOCUMENTATION:
Professional Staff Report- 2021-129_SR_CP_EAR based amendments_BOCC Adoption
Ordinance (Comp. Plan)
Ex.l to Ordinance - Ch. 1.0_2.0_3.0_and Glossary_as transmitted
Ex. 2 to Ordinance_CHHA map update map series 3-7
Ex. 3 EA Notification Letter Monroe County
Ex-5_Data-and-Analysis
Ex. 4_LOF_peril of flood_development def_property rights
DEO Objections, Recommendations, Comments Letter(ORC) 7-19-2022
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
REVIEWED BY:
Emily Schemper Completed 08/01/2022 12:29 PM
Peter Morris Completed 08/02/2022 8:56 AM
Purchasing Completed 08/02/2022 9:00 AM
Budget and Finance Completed 08/02/2022 9:08 AM
Brian Bradley Completed 08/02/2022 9:10 AM
Lindsey Ballard Completed 08/02/2022 9:21 AM
Board of County Commissioners Pending 08/17/2022 9:00 AM
Packet Pg. 3366
R.7.a
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2
3
4
5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
7
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8 To: Monroe County Board of County Commissioners
9
10 From: Emily Schemper, A.LC.P., C.F.M., Senior Director, Monroe County Planning and
11 Environmental Resources Department
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12 E
13 Date: August 1, 2022 U
14 r-
15 Subject: An Ordinance Adopting Evaluation And Appraisal Amendments to the Monroe County
16 2030 Comprehensive Plan to Amend Chapter 1.0,Introduction And Background;Amend 0
17 Chapter 2.0, Including 2.1 General County Element And Creating 2.2 Private Property
18 Rights Element; Amend Chapter 3.0, Including 3.1 Future Land Use Element, 3.2 U
19 Conservation And Coastal Management Element, 3.3 Traffic Circulation Element, 3.4 0
20 Mass Transit Element, 3.5 Ports, Aviation And Related Facilities Element, 3.6 Housing
21 Element, 3.7 Potable Water Element, 3.8 Solid Waste Element, 3.9 Sanitary Sewer
22 Element, 3.10 Drainage Element, 3.11 Natural Groundwater Aquifer Recharge Element, E
23 3.12 Recreation and Open Space Element, 3.13 Intergovernmental Coordination a
24 Element, 3.14 Capital Improvements Element, and 3.15 Energy,Resiliency And Climate E
25 Element; And To Amend Definitions Within The Glossary; To Update the Text of the
26 Comprehensive Plan to Reflect Changes in Statutory and Rule Requirements; To Update
27 Deadlines within the Comprehensive Plan, to Eliminate Accomplished or Obsolete
28 Provisions, to Make Corrections to Text and Eliminate Grammatical Errors; and to
29 Amend Provisions to Reflect Changes in Local Conditions and Recent Data, Trends, 0.1
30 Issues and Challenges; and to Update Map Atlas Map Series 3-7 (Coastal High Hazard Ui
31 Area) to be Consistent with the Florida Division Of Emergency Management's Update Wi
32 to the SLOSH Model for Monroe County; Providing for Severability; Providing for CD
33 Repeal of Conflicting Provisions; Providing for Transmittal to the State Land Planning
34 Agency and the Secretary of State;Providing for Amendment to and Incorporation in the CD
35 Monroe County Comprehensive Plan; Providing for an Effective Date.
36 tf
c
37 Meeting: August 17, 2022
38
39 I. REQUEST
40
41 Monroe County must complete amendments to reflect and satisfy changes in statutory requirements as g
42 Evaluation and Appraisal ("EA") amendments. As required, the proposed amendments were transmitted U)
43 to the Department of Economic Opportunity ("DEO") on May 19, 2022, via BOCC Resolution 105- 0
44 2022, and is now required to adopt(unless choosing not to adopt)the proposed amendments by January
45 15, 2023. If the County fails to update the Comprehensive Plan pursuant to EA requirements, it cannot
46 amend the Comprehensive Plan until such time as it complies with the EA requirements. E
47
1 of 22
Packet Pg. 3367
R.7.a
I The Monroe County Planning and Environmental Resources Department is proposing Evaluation and
2 Appraisal ("EA") amendments to the 2030 Comprehensive Plan to update the Comprehensive Plan to
3 reflect changes in Florida statutory and Florida administrative rule requirements; to update deadlines
4 within the Comprehensive Plan, to eliminate accomplished or obsolete provisions, to make corrections
5 to text and eliminate grammatical errors; and to amend provisions to reflect changes in local conditions
6 and recent data, trends, issues and challenges. W
7
8 II. BACKGROUND INFORMATION
9 U)
10 Monroe County's previous Evaluation and Appraisal Report ("EAR") was adopted by the BOCC on 0
11 May 22, 2012 pursuant to Resolution No. 150-2012. The County prepared Comprehensive Plan 2
12 amendments in accordance with the 2012 EAR. E
E
13 U
14 After statutory changes to Florida Statute § 163.3191, DEO revised the Monroe County evaluation and a
15 appraisal notification letter deadline to May 1, 2014, in Rule 73C-49, Florida Administrative Code 2
16 ("F.A.C."). On April 23,2014,the BOCC approved the EAR Notification Letter to DEO which specified
17 the necessary Plan amendments required to accord with state statutory requirements. The County
18 prepared Comprehensive Plan amendments in accordance with the 2014 EAR notification letter. U
19 0
ao
20 The BOCC adopted the 2030 Comprehensive Plan in April 2016,pursuant to Ordinance No. 005-2016,
21 which included the County's EAR-based amendments. The Monroe County Year 2030 Comprehensive
22 Plan became effective upon the posting of the Notice of Intent on DEO's website on June 20, 2016. ,E
23
24 The County must evaluate its comprehensive plan every seven (7) years and determine if Plan E
25 amendments are necessary to conform to state statutory changes (i.e., does the County need to update its
26 Comprehensive Plan to satisfy changed state statutory provisions).
27
28 163.3191 Evaluation and Appraisal of Comprehensive Plan.-
29 (1)At least once every 7 years, each local government shall evaluate its comprehensive plan to determine if 0-1
30 plan amendments are necessary to reflect changes in state requirements in this part since the last update U1
31 of the comprehensive plan, and notes the state land planning agency as to its determination. W
32 (2)If the local government determines amendments to its comprehensive plan are necessary to reflect changes
33 in state requirements, the local government shall prepare and transmit within 1 year such plan amendment
34 or amendments for review pursuant to s. 163.3184.
35 (3)Local governments are encouraged to comprehensively evaluate and, as necessary, update comprehensive N
36 plans to reflect changes in local conditions. Plan amendments transmitted pursuant to this section shall
37 be reviewed pursuant to s. 163.3184(4). 0
38 (4)If a local government fails to submit its letter prescribed by subsection (1) or update its plan pursuant to
39 subsection (2), it may not amend its comprehensive plan until such time as it complies with this section.
40 (5) The state land planning agency may not adopt rules to implement this section, other than procedural rules
41 or a schedule indicating when local governments must comply with the requirements of this section.
42 a
43 The professional staff of the Monroe County Planning and Environmental Resources Department
44 ("Department") conducted a review of changes made to the Florida Statutes (2012-March 2021) and
45 determined two(2)amendments to the Comprehensive Plan were necessary to accord with state statutory 0-
46 changes, to-wit, the Peril of Flood state legislation (Florida Statute § 163.3178(2)(f)) and the revision
47 of the definition of the term `development' (Florida Statute § 380.04; Florida Statute § 163.3221; and
48 referenced in Florida Statute § 163.3164(14)). Excerpts of the subject statutory changes are provided U
2 of 22
Packet Pg. 3368
I below. The associated Laws of Florida (L.O.F. 2015-69 and L.O.F. 2018-34) for these updates are
2 attached as Exhibit 4.
3
Section 163.3178, Coastal Management Element(Chapter 20,15-69, section 1, Laws of Florida)
.2
A(i:(i:saire(IL]iireriienttl-iattlheirede,ve,llopiri)e,intcoiiiii)orientof tine, C:oastalMainage,riierit
Elenient nILISt: W
• Reduce tine flood friskin coastal areas that resulltfirom Ihngh tide events, storm (L
Surge,,flash,floods, stoirmwater 11MOff, and the rellated: inipacts of se,a Ilevell rise.
• EVICOUrage, reniovA of coastal real property from FEIVIA.flood zone,designations. U)
• Be consistent with or niore stringent than the flood: ireslistaint construction
re(lWirenients in the Horlicla IRurlillciing Cocle arid:federal flood: [)l14in niianagement
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regWations. E
0
• ReClUire conStRICtion seaward of the coastal construction control line to Ilene, U
consistent with chapter 161, PlorWa Statutes.
• Encourage local governiments to Ipanti6ipate lien the National Flood InSUrance
CL
Prograim CornIfflUnity Rating System to achieve flood iinSLIrance preniiiW11i(IISCOLHAS 0
for their resNents.
4 U
5 U
0
Sections 163.3221(4)(b)(2) and (4)(b)(8), Florida Local Government Development Agreement Act; M I
U)
definitions(Chiaipter 20,18-34, section, 1, Laws of Florida)
• Amends the definition of"development"to exclude work by electric utility providers on E
'a
utility infrastructure on certain rights-of-way or corridors and the creation or termination
of distribution,and transmission corridors,
6 E
7
8 At the February 17, 2021, BOCC meeting, the Board of County Commissioners discussed the draft U)
9 evaluation and appraisal notification letter to the DEO with the two identified required changes/updates
10 and other potential changes/updates to the Comprehensive Plan, which were not required and do not get
11 included in the notification letter to DEO,but have been found by the Department's professional staff to W I
12 be needed, such as: U 1
13 W
14 1) Update the Rule 28-20 references within the Comprehensive Plan to reflect the recently adopted
N
15 Administration Commission Rule 28-20.140, F.A.C., with the updated Work Program (mainly
16 canal restoration work program). N
Q
17 2) Update the County's Coastal High Hazard Area ("CHHA") depiction on the Future Land Use N
18 Maps with the updated Florida Department of Emergency Management's SLOSH modeling.
0
19 3) Extending the deadlines (or eliminating) within the comprehensive plan (policies stating "within
20 Xyears after the adoption of the comprehensive plan" where the deadline has already passed),
21 and
22 4)General text updates, corrections to text and removing grammatical errors and clean-up of policies
23
24 On April 21, 2021, the Board of County Commissioners authorized the Mayor to sign the County's U)
U)
25 Evaluation and Appraisal Notification Letter to DEO (attached as Exhibit 3) specifying the necessary I.T
0
26 Plan amendments required to reflect state statutory changes: 1) Update Comprehensive Plan to address
27 the Peril of Flood state legislation and 2) Update Comprehensive Plan definition of the term
28 'development.' E
29
3 of 22
Packet Pg. 3369
R.7.a
I Pursuant to Florida Statute § 163.3191, and Rule 73C-49, F.A.C., Monroe County's current evaluation
2 and appraisal notification letter deadline to DEO was May 1,2021. The County transmitted its evaluation
3 and appraisal ("EA")notification letter to DEO on April 21, 2021.
4
5 On July 1, 2021, after the EA Notification Letter was sent to DEO, Chapter 2021-195, Laws of Florida
6 (HB 59)went into effect requiring adoption of a property rights element"by the earlier of the date of its W
7 adoption its next proposed plan amendment that is initiated after July 1, 2021, or the date of the next 2
8 scheduled evaluation and appraisal of its comprehensive plan pursuant to Section 163.3191, Florida
9 Statutes." The proposed County EA amendments will address this additional statutory U)
10 change/requirement. The associated Laws of Florida for this update is also included within Exhibit 4.
CL
11
12
13 U
14 Community Meeting and Public Participation 9=
15 In accordance with Land Development Code("LDC") Section 102-159(b)(3),a community meeting was 2
16 held on October 14, 2021, to provide for public input. There was one (1) member of the public in 0
17 attendance.
18 U
U
19 Monroe County Development Review Committee and Public Input
20 The Development Review Committee considered the proposed amendment at a regular meeting on U)I
21 November 15, 2021, and received public input.
22
23 Monroe County Planning Commission and Public Input
24 The Planning Commission considered the proposed amendment at a regular meeting on January 26, E
25 2022,provided for public input and recommended approval with proposed changes to Policy 102.4.2 to
26 prioritize the acquisition ofLower Keys marsh rabbit habitat and buffer area within the MIAI boundary
27 and to Objective 108.1 to add the County will encourage effective communication and coordination
28 with Naval Air Station Key West and the other military activities/facilities within unincorporated
29 Monroe County. 0-1
30 Ui
31 Board of County Commissioners Transmittal to DEO
32 At a regular meeting on March 16, 2022, the BOCC held a public hearing to consider the proposed
33 amendments to the Comprehensive Plan,provided for public input, and adopted Resolution 105-2022 to
34 transmit the proposed amendments to DEO for review. At the public hearing, staff requested that the
35 proposed creation of new Policy 101.5.34, and amendments to Policy 101.9.4, regarding elevation
36 of existing homes, be separated from the EAR amendment ordinance and considered for 0
37 transmittal at a later date to allow for further refinement of the text. Those amendments were not 0
38 transmitted to DEO with the EAR amendment ordinance and will be considered for adoption as a
39 separate ordinance at a later date.
40
41 DEO reviewed the amendment and issued an Objections, Recommendations and Comments (ORC)
42 report, received by the County on July 20, 2022. The ORC report stated, "the Department does not U)
43 identify any objections or comments to the proposed amendment." The County has 180 days from receipt �
44 of the ORC (until January 15, 2023) to choose to adopt, adopt with changes, or not adopt the proposed 0-
45 amendment.
46
47
48
4 of 22
Packet Pg. 3370
1 111. PROPOSED COMPREHENSIVE PLAN AMENDMENTS
2
3 Proposed Amendments are shown with deletions and additions are
4 tui-deii-llilied..
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6 Proposed Amendments by the Planning Commission are shown with deletions s4.+4-e-4c-% C M
7 and additions are ti tideii']i tied and highlighted in yellow.
8 U)
9 All proposed amendments are included in Exhibit I (text amendments) and Exhibit 2
10 (map amendments), with main or significant or example amendments summarized in CL
11 the table below. E 0
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R.7.a
I IV. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
2 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
3 g
4 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
5 County 2030 Comprehensive Plan. Specifically,it furthers:
6 a
7 GOAL 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of 2
8 County residents and visitors, and protect valuable natural resources.
9
U)
10 GOAL 102: Monroe County shall direct future growth to lands which are most suitable for development and
11 shall encourage conservation and protection of environmentally sensitive lands (wetlands, beach berm and
12 tropical hardwood hammock). C,
13 0
14 GOAL 106: Monroe County shall continue to maintain the Tier System to ensure growth initiatives recognize
15 the natural and man-made systems in the Florida Keys, the carrying capacity to accommodate further
16 development,the need for the significant expansion of the public acquisition of vacant developable lands, andCL
17 to equitably balance the rights and expectations of private property owners. ,0
18
19 GOAL 108: The compatibility of lands adjacent to or closely proximate to the Boca Chica airfield of Naval U
20 Air Station Key West (NASKW) pursuant to Sections 163.3175 and 163.3177, Florida Statutes, shall be 0
ao
21 achieved through the implementation of the Objectives and Policies,incorporated herein.Achieved is defined U�
22 as being consistent with the Objectives and Policies,incorporated herein.
23
24 GOAL 202: The environmental quality of Monroe County's estuaries,nearshore waters(canals,harbors,bays,
25 lakes and tidal streams,) and associated marine resources shall be maintained and, where possible, improved
26 or restored.
27
28 GOAL 203: The health and integrity of living marine resources and marine habitat, including mangroves,
29 seagrasses, coral reefs, other hard bottom communities and fisheries, shall be protected and, where possible,
30 restored and enhanced. Wi
31 0-
32 GOAL 204: The health and integrity of Monroe County's marine and freshwater wetlands shall be protected Ui
33 and,where possible,restored and enhanced.
34CN
35 GOAL 205: The health and integrity of Monroe County's native upland vegetation shall be protected and,
36 where possible, enhanced. CN
37 cN
38 GOAL 206: Monroe County shall protect and conserve existing wildlife and wildlife habitats.
39
40 GOAL 215: Monroe County shall provide for hurricane evacuation,shelters and refuges, and communication
41 capabilities to promote safeguarding of the public against the effects of hurricanes and tropical storms.
42
43 GOAL 301: To provide a safe, convenient, efficient, and environmentally-compatible motorized and non- ra
44 motorized transportation system for the movement of people and goods in Monroe County a
45 U)
46 GOAL 1501: Monroe County shall coordinate with the municipalities of Key West, Key Colony Beach
47 Islamorada, Layton and Marathon; regional, State, and federal government agencies, nongovernmental CL
48 organizations and private organizations to exchange data and develop coordinated strategies to address energy
49 conservation and impacts from climate change.
50
18 of 22
Packet Pg. 3384
R.7.a
I B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys
2 Area, Section 380.0552(7), Florida Statutes.
3
4 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the
5 principles for guiding development and any amendments to the principles, the principles shall be construed
6 as a whole and no specific provision shall be construed or applied in isolation from the other provisions. �i
7
8 (a) Strengthening local government capabilities for managing land use and development so that local
9 government is able to achieve these objectives without continuing the area of critical state concern 2
10 designation. 7
11 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,
12 wetlands, fish and wildlife, and their habitat. 2
C,
13 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
14 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and U
15 their habitat. a
16 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic 2
17 development. 0
18 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
d
19 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and U
20 ensuring that development is compatible with the unique historic character of the Florida Keys. 0
21 (g) Protecting the historical heritage of the Florida Keys.
i
22 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major U)
23 public investments,including:
24
25 1. The Florida Keys Aqueduct and water supply facilities;
26 2. Sewage collection, treatment, and disposal facilities;
27 3. Solid waste treatment, collection, and disposal facilities;
a�
28 4. Key West Naval Air Station and other military facilities; U)
29 5. Transportation facilities;
30 6. Federal parks,wildlife refuges, and marine sanctuaries; <
31 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties; Wi
32 8. City electric service and the Florida Keys Electric Co-op; and U
33 9. Other utilities, as appropriate. W
34
35 (1) Protecting and improving water quality by providing for the construction, operation, maintenance, and N
36 replacement of stormwater management facilities; central sewage collection; treatment and disposal
37 facilities; and the installation and proper operation and maintenance of onsite sewage treatment and Q
38 disposal systems.
39 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of 0
CL
40 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as
41 applicable, and by directing growth to areas served by central wastewater treatment facilities through
42 permit allocation systems.
43 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
44 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. a
45 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or U)
46 manmade disaster and for a postdisaster reconstruction plan. ,W
47 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the 0
48 Florida Keys as a unique Florida resource.
49
50 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the �E
51 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
52
19 of 22
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I C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.).
2 Specifically, the amendment furthers:
3
4 163.3161(4), F.S. —It is the intent of this act that local governments have the ability to preserve and enhance M
5 present advantages; encourage the most appropriate use of land,water, and resources, consistent with the
6 public interest; overcome present handicaps; and deal effectively with future problems that may result �i
7 from the use and development of land within their jurisdictions. Through the process of comprehensive
8 planning, it is intended that units of local government can preserve, promote, protect, and improve the
9 public health,safety,comfort,good order,appearance,convenience,law enforcement and fire prevention, 2
10 and general welfare; facilitate the adequate and efficient provision of transportation, water, sewerage, 7
11 schools, parks, recreational facilities, housing, and other requirements and services; and conserve,
12 develop, utilize, and protect natural resources within their jurisdictions. '
C,
13
14 163.3161(6), F.S. —It is the intent of this act that adopted comprehensive plans shall have the legal status set U
15 out in this act and that no public or private development shall be permitted except in conformity with 9=
16 comprehensive plans, or elements or portions thereof,prepared and adopted in conformity with this act. 2
17 0
18 163.3164(14), F.S.— "Development"has the same meaning as in s. 380.04.
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19 U
20 163.3177(l),F.S.—The comprehensive plan shall provide the principles,guidelines, standards, and strategies 0
21 for the orderly and balanced future economic, social,physical, environmental, and fiscal development of
i
22 the area that reflects community commitments to implement the plan and its elements. These principles U)
23 and strategies shall guide future decisions in a consistent manner and shall contain programs and activities
24 to ensure comprehensive plans are implemented. The sections of the comprehensive plan containing the
25 principles and strategies,generally provided as goals,objectives,and policies,shall describe how the local
26 government's programs, activities, and land development regulations will be initiated, modified, or
27 continued to implement the comprehensive plan in a consistent manner. It is not the intent of this part to
28 require the inclusion of implementing regulations in the comprehensive plan but rather to require U)
29 identification of those programs, activities, and land development regulations that will be part of the
30 strategy for implementing the comprehensive plan and the principles that describe how the programs,
31 activities, and land development regulations will be carried out. The plan shall establish meaningful and Wi
32 predictable standards for the use and development of land and provide meaningful guidelines for the U
33 content of more detailed land development and use regulations. W
34
35 163.3177(6)(1)1,F.S.—In accordance with the legislative intent expressed in ss. 163.3161(10) and 187.101(3) CN
36 that governmental entities respect judicially acknowledged and constitutionally protected private property
37 rights, each local government shall include in its comprehensive plan a property rights element to ensure Q
38 that private property rights are considered in local decision-making. A local government may adopt its
39 own property rights element or use the following statement of rights: 0
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40 The following rights shall be considered in local decision-making:
41 1. The right of a property owner to physically possess and control his or her interests in the property,
42 including easements, leases, or mineral rights.
43 2. The right of a property owner to use,maintain,develop, and improve his or her property for personal
44 use or for the use of any other person, subject to state law and local ordinances.
45 3. The right of the property owner to privacy and to exclude others from the property to protect the U)
46 owner's possessions and property. U)
47 4. The right of a property owner to dispose of his or her property through sale or gift. 0
48 2.Each local government must adopt a property rights element in its comprehensive plan by the earlier of CL
49 the date of its adoption of its next proposed plan amendment that is initiated after July 1,2021,or the date
a�
50 of the next scheduled evaluation and appraisal of its comprehensive plan pursuant to s. 163.3191. If a �E
51 local government adopts its own property rights element,the element may not conflict with the statement
52 of rights provided in subparagraph 1.
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1
2 163.3178(2)(f),F.S.—A redevelopment component that outlines the principles that must be used to eliminate
3 inappropriate and unsafe development in the coastal areas when opportunities arise.The component must:
0
4 1. Include development and redevelopment principles, strategies, and engineering solutions that reduce
5 the flood risk in coastal areas which results from high-tide events, storm surge, flash floods, stormwater 2
6 runoff, and the related impacts of sea-level rise. >
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7 2. Encourage the use of best practices development and redevelopment principles, strategies, and
8 engineering solutions that will result in the removal of coastal real property from flood zone designations
9 established by the Federal Emergency Management Agency.
10 3. Identify site development techniques and best practices that may reduce losses due to flooding and U)
11 claims made under flood insurance policies issued in this state. as
12 4. Be consistent with, or more stringent than, the flood-resistant construction requirements in the Florida 2
13 Building Code and applicable flood plain management regulations set forth in 44 C.F.R.part 60. C'
14 5. Require that any construction activities seaward of the coastal construction control lines established 0
15 pursuant to s. 161.053 be consistent with chapter 161. U
16 6. Encourage local governments to participate in the National Flood Insurance Program Community 0
17 Rating System administered by the Federal Emergency Management Agency to achieve flood insurance C
18 premium discounts for their residents. 'a
19 U
20 163.3191, F.S.—Evaluation and appraisal of comprehensive plan. U
21 (1)At least once every 7 years, each local government shall evaluate its comprehensive plan to determine
22 if plan amendments are necessary to reflect changes in state requirements in this part since the last update U�
23 of the comprehensive plan, and notify the state land planning agency as to its determination.
24 (2) If the local government determines amendments to its comprehensive plan are necessary to reflect E
25 changes in state requirements, the local government shall prepare and transmit within 1 year such plan
26 amendment or amendments for review pursuant to s. 163.3184. E
27 (3) Local governments are encouraged to comprehensively evaluate and, as necessary, update
28 comprehensive plans to reflect changes in local conditions.Plan amendments transmitted pursuant to this U)
29 section shall be reviewed pursuant to s. 163.3184(4).
30 (4) If a local government fails to submit its letter prescribed by subsection(1) or update its plan pursuant
d
31 to subsection(2),it may not amend its comprehensive plan until such time as it complies with this section. Wi
32 (5) The state land planning agency may not adopt rules to implement this section, other than procedural 0-
U
33 rules or a schedule indicating when local governments must comply with the requirements of this section. i
34
35 163.3201,F.S.—Relationship of comprehensive plan to exercise of land development regulatory authority.-
36 It is the intent of this act that adopted comprehensive plans or elements thereof shall be implemented,in
37 part, by the adoption and enforcement of appropriate local regulations on the development of lands and N
38 waters within an area.It is the intent of this act that the adoption and enforcement by a governing body of C°"
39 regulations for the development of land or the adoption and enforcement by a governing body of a land
40 development code for an area shall be based on, be related to, and be a means of implementation for an C
41 adopted comprehensive plan as required by this act.
42
43 V. PROCESS
44
45 Comprehensive Plan amendments may be proposed by the Board of County Commissioners, the U)
46 Planning Commission, the Director of Planning, or the owner or other person having a contractual
47 interest in property to be affected by a proposed amendment. The Director of Planning shall review and
48 process applications as they are received and pass them onto the Development Review Committee and
49 the Planning Commission.
E
50
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I The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
2 the application, the reports and recommendations of the Monroe County Planning and Environmental
3 Resources Department and the Development Review Committee and the testimony given at the public
4 hearing. The Planning Commission shall submit its recommendations and findings to the Board of cu
5 County Commissioners ("BOCC"). The BOCC holds a public hearing to consider the transmittal of the cu
6 proposed Comprehensive Plan amendment, and considers the Department's professional staff report,the W
7 professional staff recommendation, and the testimony given at the public hearing. The BOCC may or
8 may not recommend transmittal to the State Land Planning Agency. The amendment is transmitted to
9 State Land Planning Agency, which then reviews the proposal and issues an Objections,
10 Recommendations and Comments ("ORC")Report.Upon receipt of the ORC report,the County has 180 u
11 days to adopt the amendments, adopt the amendments with changes or not adopt the amendment.
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12
13 VI. STAFF RECOMMENDATION U
14
15 Approval.
16 0
17 VIII.EXHIBITS
18 U
U
19 Exhibit 1 - Proposed EA text amendments (Proposed Text Amendments)
20 Exhibit 2 - Proposed update Map Atlas Map Series 3-7 (Coastal High Hazard Area)
21 Exhibit 3 - County's Evaluation and Appraisal Notification Letter, as required by Florida Statute §
22 163.3191, to the Florida Department of Economic Opportunity ("DEO") E
23 Exhibit 4 - Laws of Florida ("L.O.F.") 2015-69 and L.O.F. 2018-34 (Development Definition)
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24 Exhibit 5 - Compilation of the Data and Analysis for the Evaluation and Appraisal amendments E
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5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
0
8 ORDINANCE NO. -2022
9
10 AN ORDINANCE ADOPTING EVALUATION AND APPRAISAL AMENDMENTS TO
11 THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO AMEND CHAPTER 1.0,
12 INTRODUCTION AND BACKGROUND; AMEND CHAPTER 2.0, INCLUDING 2.1
13 GENERAL COUNTY ELEMENT AND CREATING 2.2 PRIVATE PROPERTY RIGHTS E
14 ELEMENT; AMEND CHAPTER 3.0, INCLUDING 3.1 FUTURE LAND USE ELEMENT, <
15 3.2 CONSERVATION AND COASTAL MANAGEMENT ELEMENT, 3.3 TRAFFIC E
16 CIRCULATION ELEMENT, 3.4 MASS TRANSIT ELEMENT, 3.5 PORTS, AVIATION
17 AND RELATED FACILITIES ELEMENT, 3.6 HOUSING ELEMENT, 3.7 POTABLE
18 WATER ELEMENT, 3.8 SOLID WASTE ELEMENT, 3.9 SANITARY SEWER
19 ELEMENT, 3.10 DRAINAGE ELEMENT, 3.11 NATURAL GROUNDWATER AQUIFER E
20 RECHARGE ELEMENT, 3.12 RECREATION AND OPEN SPACE ELEMENT, 3.13
21 INTERGOVERNMENTAL COORDINATION ELEMENT, 3.14 CAPITAL
22 IMPROVEMENTS ELEMENT, AND 3.15 ENERGY, RESILIENCY AND CLIMATE
23 ELEMENT; AND TO AMEND DEFINITIONS WITHIN THE GLOSSARY; TO UPDATE
24 THE TEXT OF THE COMPREHENSIVE PLAN TO REFLECT CHANGES IN
25 STATUTORY AND RULE REQUIREMENTS; TO UPDATE DEADLINES WITHIN THE
26 COMPREHENSIVE PLAN, TO ELIMINATE ACCOMPLISHED OR OBSOLETE
27 PROVISIONS, TO MAKE CORRECTIONS TO TEXT AND ELIMINATE
28 GRAMMATICAL ERRORS; AND TO AMEND PROVISIONS TO REFLECT CHANGES
29 IN LOCAL CONDITIONS AND RECENT DATA, TRENDS, ISSUES AND
0
30 CHALLENGES; AND TO UPDATE MAP ATLAS MAP SERIES 3-7 (COASTAL HIGH U
31 HAZARD AREA) TO BE CONSISTENT WITH THE FLORIDA DIVISION OF
32 EMERGENCY MANAGEMENT'S UPDATE TO THE SLOSH MODEL FOR MONROE
33 COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF Ci
34 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE 0
35 LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR U
36 AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY
37 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE.
38
39
40 WHEREAS, Monroe County may, pursuant to Article 8 of the Florida Constitution and Florida
41 Statute § 125.66, enact ordinances to protect the public health, safety, and welfare of the residents of and E
42 visitors to the County; and
43 °
44 WHEREAS, on April 15, 1993,the Monroe County Board of County Commissioners adopted the
45 2010 Monroe County Comprehensive Plan; as amended pursuant to Department of Community Affairs
46 Rule 91-14.022,Florida Administrative Code ("F.A.C.") on January 4, 1996, and adopted by F.A.C. Rule
1 of 5
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1 28-20.100 Part I, January 2, 1996 and Part II, July 14, 1997; and
2
3 WHEREAS, the Florida Legislature intends that local planning be a continuous process, and the
4 Florida Statutes encourage local governments to comprehensively evaluate and, as necessary, update
5 comprehensive plans to reflect changes in local conditions; and
6 0
7 WHEREAS, on August 18, 2004, the Monroe County Board of County Commissioners adopted
8 an Evaluation and Appraisal Report("EAR"),pursuant to Florida Statute § 163.3191,for the 2010 Monroe
9 County Comprehensive Plan, and subsequently adopted Comprehensive Plan amendments in accordance
U)
10 with the 2004 EAR; and
11
12 WHEREAS, on May 22, 2012, the Monroe County Board of County Commissioners via C
13 Resolution No. 150-2012 adopted an Evaluation and Appraisal Report ("EAR"), pursuant to Florida �E
14 Statute § 163.3191, for the 2010 Monroe County Comprehensive Plan, and subsequently adopted <
15 Comprehensive Plan amendments in accordance with the 2012 EAR; and
16 CL
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17 WHEREAS, after statutory updates to Florida Statute § 163.3191, the Department of Economic
18 Opportunity ("DEO") revised the Monroe County evaluation and appraisal notification letter deadline to
19 May 1, 2014, in Rule 73C-49, F.A.C.; and
20
21 WHEREAS, on April 23, 2014, the Monroe County Board of County Commissioners approved
22 the EAR Notification Letter to DEO which specified the necessary Plan amendments required to reflect
23 changes in requirements in the Florida Statutes and the County prepared Comprehensive Plan amendments
24 in accordance with the 2014 EAR notification letter; and
25
26 WHEREAS, on April 13,2016,the Monroe County Board of County Commissioners adopted the U)
27 2030 Monroe County Comprehensive Plan pursuant to Ordinance No. 005-2016, which included the a
28 County's EAR-based amendments; and CL
29 E
0
30 WHEREAS,the 2030 Monroe County Comprehensive Plan became effective upon the posting of U
31 the Notice of Intent on the DEO website on June 20, 2016; and
32
33 WHEREAS, pursuant to Florida Statute § Section 163.3191, Monroe County must evaluate its Ci
34 Comprehensive Plan every seven (7) years to determine if amendments are necessary to reflect changes 0
35 in state statutory and/or state administrative code requirements; and U
36
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37 WHEREAS,pursuant to Florida Statute § 163.3191, and Rule 73C-49,F.A.C., Monroe County's
38 evaluation and appraisal notification letter deadline to DEO was May 1, 2021; and
39 0
40 WHEREAS, on April 21, 2021, the Monroe County Board of County Commissioners approved
41 transmittal of the County's evaluation and appraisal ("EA")notification letter to DEO; and �E
42
43 WHEREAS, Monroe County is proposing amendments in accordance with the 2021 evaluation
44 and appraisal ("EA") notification letter, including amendments to address the Peril of Flood state
45 legislation, an update to the definition of the term `development,' and amendments to address the now
46 statutorily required Property Rights Element; and
2of5
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1
2 WHEREAS, the Monroe County Planning and Environmental Resources Department
3 ("Department")conducted a community meeting on October 14,2021,to review the proposed amendment
4 and to receive public comment; and
5
6 WHEREAS, the Monroe County Development Review Committee ("DRU) reviewed and 2
7 considered the proposed amendments at a regularly scheduled duly noticed meeting held on November C
8 15, 2021; and
9
10 WHEREAS, on January 26, 2022, the Monroe County Planning Commission held a public
11 hearing for the purpose of considering the proposed amendment and provided for public comment; and
12
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13 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P03-22 E
14 recommending approval,with changes to Policy 102.4.2 to prioritize the acquisition of Lower Keys marsh
15 rabbit habitat and buffer area within the MIAI boundary, and to Objective 108.1 to add that the County
16 will encourage effective communication and coordination with Naval Air Station Key West and the other
17 military activities/facilities within unincorporated Monroe County; and
18
19 WHEREAS, on March 16, 2022, the Monroe County Board of County Commissioners held a
20 public hearing, considered the staff report, and provided for public comment and public participation in 2
21 accordance with the requirements of state law and the procedures adopted for public participation in the 2
22 planning process; and
23
24 WHEREAS,at the March 16,2022,public hearing, staff requested that the proposed amendments -
25 to Policy 101.5.34, and the proposed amendments to Policy 101.9.4 related to elevation of existing 0
26 dwelling units be continued to the April 20, 2022 public hearing as a separate transmittal to allow for U)
27 additional coordination and revisions; and
28
29 WHEREAS, at the March 16, 2022, the BOCC continued the transmittal hearing for proposed E
30 amendments to Policy 101.5.34, and proposed amendments to Policy 101.9.4 related to elevation of U
31 existing dwelling units to April 20, 2022, to be considered for transmittal as a separate ordinance at that S
32 time; and
33
34 WHEREAS, at the March 16, 2022, public hearing, the BOCC voted to transmit the proposed 0
35 amendments to DEO to review the proposal; and U
36
37 WHEREAS, at the March 16, 2022, public hearing, the BOCC adopted Resolution 105-2022
38 transmitting the proposed text amendment to the State Land Planning Agency; and
39 0
40 WHEREAS,the State Land Planning Agency reviewed the amendment and issued an Objections,
41 Recommendations and Comments ("ORC")report, received by the County on July 20, 2022; and E
42
43 WHEREAS, the ORC report stated, "The Department does not identify any objections or
44 comments to the proposed amendment...;" and
45
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I WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the proposed
2 amendment, adopt the amendment with changes or not adopt the amendment; and
3
4 WHEREAS, on August 17, 2022, the BOCC held a public hearing to consider adoption of the
5 proposed Comprehensive Plan text amendment; and
6 0
7 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
8 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
9 the citizens of the Florida Keys and to strengthen our local government capability to manage land use and
U)
10 development; and
11
12 WHEREAS, based upon the documentation submitted and information provided in the C
13 accompanying staff report, the Monroe County Board of County Commissioners makes the following �E
14 Conclusions of Law:
15 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 2030 T
16 Monroe County Comprehensive Plan; and
17 2. The proposed amendment is consistent with the Principles for Guiding Development for the
18 Florida Keys Area of Critical State Concern, Florida Statute § 380.0552(7); and
19 3. The proposed amendment is consistent with Part H of Florida Statutes Chapter 163.
20
21 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
22 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
23
24 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact, conclusions -
25 of law, and statements of legislative intent are true and correct and are hereby incorporated as if fully 0
26 stated herein. U)
27
28 Section 2. The text of the 2030 Monroe County Comprehensive Plan is amended as shown in
29 Exhibit 1, attached hereto and is hereby incorporated as if fully stated herein. Proposed amendments are E
30 shown with deletions stricken through and additions are underlined. U
31
32 Section 3. The Map Atlas Map Series 3-7 (Coastal High Hazard Area) of the 2030 Monroe County
33 Comprehensive Plan is amended as shown in Exhibit 2, attached hereto and is hereby incorporated as if Ci
34 fully stated herein. 0
35 U
36 Section 4. Construction and Interpretation. This ordinance and its interpretation shall be
37 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s) and
38 policy(ies) of the County. The construction and interpretation of this ordinance and all Monroe County
39 Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe County Code(s) 0
40 provision(s)whose interpretation arises out of,relates to,or is interpreted in connection with this ordinance
41 shall be liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s) E
42 and policy(ies) of the County, and shall be construed in favor of the BOCC and such construction and
43 interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial,
44 bankruptcy, and on appeal.
45
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R.7.b
I Section 5. Severability. If any portion of this Ordinance, or any part or portion thereof, is held to
2 be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the
3 invalidity or unenforceability of such provision, or any part or portion thereof,shall neither limit nor impair
4 the operation, enforceability, or validity of any other provision of this Ordinance, or any remaining pert(s)
5 or portion(s) thereof. All other provisions of this Ordinance, and remaining part(s) or portion(s) thereof,
6 shall continue unimpaired in full force and effect.
7 C,
0
8 Section 6. Repeal of Inconsistent Provisions. All ordinances in conflict with this ordinance are
9 hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the
U)
10 repealing clause of such ordinance or revive any ordinance which has been repealed thereby.
11
12 Section 7. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning C
13 Agency as required by Florida Statutes §§ 380.05 (11) and 380.0552(9). �E
14
15 Section 8.Filin2. This Ordinance shall be filed in the Office of the Secretary of the State of Florida
16 but shall not become effective until a notice is issued by the State Land Planning Agency or Administration
17 Commission finding the amendment in compliance with Florida Statutes Chapter 163, and after any
18 applicable challenges have been resolved.
19
20 Section 9. Inclusion in the Monroe County Comprehensive Plan. The amendments shall be 2
21 incorporated in the 2030 Monroe County Comprehensive Plan. The numbering of the foregoing 2
22 amendment may be renumbered to conform to the numbering in the Monroe County Comprehensive Plan.
23
24 Section 10. Effective Date. This ordinance shall become as provided by law and stated above.
25
26 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
27 at a regular meeting held on , 2022.
28 CL
29 Mayor David Rice 0
30 Mayor Pro Tem Craig Cates
31 Commissioner Michelle Coldiron
32 Commissioner James K. Scholl
33 Commissioner Holly Merrill Raschein
34 U
35 BOARD OF COUNTY COMMISSIONERS as
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36 OF MONROE COUNTY, FLORIDA
37
38 By:
39 Mayor David Rice
40
41 (SEAL)
42 ATTEST: KEVIN MADOK CLERK hAOARPRa`NROE CQU Y ATTORNEY
t TO FORM
4344 .
PPER MORR S
45 By: ASSISTANTCOUNl'V'A°i'TORN "Y
46 AS DEPUTY CLERK gate. --- 8/2/22
5 of 5
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Exhibit 1 Evaluation and Appraisal Review Amendments
1.0 -INTRODUCTION AND BACKGROUND
Introduction:
Monroe County includes the Mainland area and over 1,700 islands which lie along the Florida Straits, dividing the E
Atlantic Ocean to the east from the Gulf of Mexico to the west,and defining one edge of the Florida Bay.The mainland
part of the County is made up of the Everglades National Park and the southern portion of Big Cypress National A
Preserve.The Florida Keys extend 233 miles southwestward in a gradual arc from Biscayne Bay to the Dry Tortugas L_
C,
in the Gulf of Mexico. C,
The Florida Keys,that are within Monroe County, are a chain of islands connected by 112 miles of US Highway 1,
extending from Key Largo to Key West,representing the most southerly point of the continental United States. The
surrounding water is designated as an Outstanding Florida Water and includes the Florida Keys National Marine g
Sanctuary,the second largest marine sanctuary in the United States.
As low lying islands(90 percent of the land mass is at five feet above sea level or less),the Florida Keys are particularly >
vulnerable to the impacts of sea level rise and storm surge.The tide gauge at Key West has been measuring sea levels C
since 1846;it shows the sea level rose 9 inches(22 cm)in Key West during the last 100 years.
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The regional and statewide resources of the Florida Keys prompted its designation by the Administration Commission
as an Area of Critical State Concern in December 1975 and the Florida Legislature in 1979 (Section 380.0552,F.S.).
The Florida Keys are the location of North America's only coral reef and the third largest coral reef system in the
world. The Keys are also home to over 30 species of threatened and endangered species and is one of the most
ecologically diverse ecosystems in the United States. The designation is intended to protect environmental or natural E
resources of regional or statewide importance,the historical or archaeological resources and the major public facilities U
and area of major public investment.
Federal and State government involvement in Monroe County(the "County")land use planning and decision-making
is extensive due to the presence of these aquatic and terrestrial resources that are of regional and national significance. E
This involvement has heavily influenced the County's comprehensive planning process.Many of the County's goals,
objectives,and policies have been mandated by the State pursuant to the Area of Critical State Concern designation.
U)
a.Florida Statutes:
In addition to those regulatory requirements established within Chapter 163,F.S.,all planning and U)
development within the Florida Keys must be consistent with Sections 380.05 and 380.0552(7),F.S., 0
Principles for Guiding Development.These statutory requirements,cited below,were adopted by the Florida
Legislature and are specific for the Florida Keys area.
I
380.0552(7),F.S.-PRINCIPLES FOR GUIDING DEVELOPMENT.
State,regional,and local agencies and units of government in the Florida Keys Area shall coordinate their plans �I
and conduct their programs and regulatory activities consistent with the principles for guiding development as
specified in chapter 27F-8,Florida Administrative Code,as amended effective August 23,1984,which is adopted
and incorporated herein by reference.For the purposes of reviewing the 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 specific provisions may not be construed or applied in isolation
from the other provisions. However,the principles for guiding development are repealed 18 months from July
1, 1986.After repeal,any plan amendments must be consistent with the following principles:
(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 O
designation. c
0
(b)Protecting shoreline and marine resources,including mangroves,coral reef formations, seagrass beds,
wetlands,fish and wildlife,and their habitat. W
(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.
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Exhibit 1 Evaluation and Appraisal Review Amendments
(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. 'a
(f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and C
ensuring that development is compatible with the unique historic character of the Florida Keys. �E
(g)Protecting the historical heritage of the Florida Keys.
(h)Protecting the value, efficiency,cost-effectiveness, and amortized life of existing and proposed major A
public investments,including:
1.The Florida Keys Aqueduct and water supply facilities; 0.
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; g
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 `j
9. Other utilities,as appropriate. a
(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 0
facilities; and the installation and proper operation and maintenance of onsite sewage treatment and °U)
disposal systems.
0) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
wastewater management facilities that meet the requirements of Sections 381.0065(4)(1) and
403.086(10) F.S., as applicable, and by directing growth to areas served by central wastewater E
treatment facilities through permit allocation systems. U
(k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
Keys.
(1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
(m) Providing adequate alternatives for the protection of public safety and welfare in the event of a U)
natural or manmade disaster and for a post disaster reconstruction plan.
(n) Protecting the public health,safety, and welfare of the citizens of the Florida Keys and maintaining U)
the Florida Keys as a unique Florida resource. MI
b.Rule 28.20-1I F.A.C.-The Florida Keys Carrying Capacity Study and Work Program: U)
In 1996,the Governor issued Rule 28.20-100(the"Rule"),a five-year work program for Monroe County(Florida
Administration Commission Rule 28.20-100, 1996). The Rule required the completion of the Florida Keys
Carrying Capacity Study(FKCCS)and its companion,the Carrying Capacity Impact Analysis Model(CCIAM). �
According to the Rule,the CCIAM was to be designed"...to determine the ability of the Florida Keys ecosystem
and the various segments thereof,to withstand all impacts of additional land development activities." The U.S.
Army Corps of Engineers and the Florida Department of Community Affairs(currently,the State Land Planning �I
Agency)jointly sponsored the development of the FKCCS. �a
The FKCCS provided four main guidelines for future development in the Florida Keys:
1. Prevent encroachment into native habitat. A wealth of evidence shows that terrestrial habitats and
species have been severely affected by development and further impacts would only exacerbate an
already untenable condition.
2. Continue and intense existing programs. Many initiatives to improve environmental conditions and
quality of life exist in the Florida Keys. They include land acquisition programs, the wastewater and 0
stormwater master plans, ongoing research and management activities in the Florida Keys National
0
Marine Sanctuary, and restoration.
3.Iffurther development is to occur,focus on redevelopment and infill. Opportunities for additional growth W
with small, potentially acceptable, additional environmental impacts may occur in areas ripe for
redevelopment or already disturbed.
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Page 2 of 217
Packet Pg. 3395
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Exhibit 1 Evaluation and Appraisal Review Amendments
4. Increase efforts to manage the resources. Habitat management efforts in the Keys could increase to
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effectively preserve and improve the ecological values of remaining terrestrial ecosystems. efforts
throughout the Keys.
In 2001, the National Research Council (NRC) conducted a review of the CCIAM; the report: Florida Keys
Carrying Capacity Study: Test Carrying Capacity Analysis Model, First Draft. The NRC noted that, "...the
Committee does not believe that the current version of the CCAM is ready to be used'as an impact assessment
tool to support regional land use policy decisions' or to provide 'an effective framework to determine whether
scenarios fall within the carrying capacity of the Florida Keys,determined by a set of ecological,socioeconomic, CL
and human infrastructure thresholds and criteria.'
However, the NRC report concluded that several of the modules can be used in their current state, or with
moderate revisions, as tools to, "...help assess a limited set of environmental, socioeconomic, fiscal, and
infrastructure impacts of land use change in the Florida Keys."The report noted that for the Terrestrial Module, M
"...issues of terrestrial habitat and species richness appear to be reasonably well addressed..." As stated in the
Final Report of the Florida Keys Carrying Capacity Study Implementation -Rule 28-20 Work Group, (2003), >
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"...the terrestrial portion of the CCIAM was able to provide valid analyses and conclusions with respect to upland
habitat. Science can forecast from previous data what the impacts of a trend would be into the future should
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things continue as they currently are and historically have been."Habitat fragmentation was clearly identified as 0
a concern and concluded that, "Any further development in the Florida Keys would exacerbate secondary and ,�
indirect impacts to remaining habitat."
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The FKCCS noted the critical importance of preventing further destruction of terrestrial habitats, stating, "Any
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further encroachment into areas dominated by native vegetation would exacerbate habitat loss and E
fragmentation",and concluded,"Development in the Florida Keys has surpassed the carrying capacity of upland U
habitats to maintain their ecological integrity." The FKCCS also recommended the County continue its land
acquisition and restoration programs and suggested the following actions to guide future development:
1. "Prevent encroachment into native habitat.
2. Continue and intensify existing land acquisition programs, wastewater management, and restoration
efforts.
3.If further development is to occur,focus on redevelopment and infill.
4.Increase efforts to manage the resources to effectively preserve and improve the ecological values of the
remaining terrestrial ecosystems."
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The FKCCS included specific implementation strategies such as,establishing a development allocation system c
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that protects the "unique character of the Florida Keys", directs new development to areas with existing or
planned wastewater systems, focuses upon infill and redevelopment, and ensures that the "...population should
not exceed the ability of the community to have reasonable safety in the event of a major hurricane."
vi
Over the years,the Rule has been amended(assigning new numbering each time)to recognize the progress made
toward implementation of the tasks included within the initial Work Program. Currently,the tasks within Rule
28-20.140,F.A.C.,focus upon continued implementation of the recommendations within the Carrying Capacity
Study,,a uu a l-a<,o a3joi a gau a a,,a�,r!;mand completion of Wastewater and Stormwater projects.In addition to the Work
Program,the State has adopted reporting requirements for the County. Beginning November 30,2011,Monroe U
County and the State Land Planning Agency annually reports to the Administration Commission(Commission)
documenting the degree to which the work program objectives for the work program year have been achieved.
The Commission considers the findings and recommendations provided in those reports and determines whether
progress has been achieved.
Below are the Work Program tasks,as cited directly from the current(1 jal�a,i,unga uQ)_.�lu�&y, -i�)Rule-2_ -
2-0,14n:
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Page 7 of 217
Packet Pg. 3400
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Exhibit 1 Evaluation and Appraisal Review Amendments
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Page 8 of 217
Packet Pg. 3401
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
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Background:
The Monroe County Year 2030 Comprehensive Plan is divided into three _volumes: a Technical Document(data E
and analysis),Policy Document(Comprehensive Plan),and Map Atlas.
Technical Document: The 2030 Technical Document is intended to address the data, inventory, and analyses
requirements of Chapter 163,Florida Statutes(F.S.).The data,inventory and analyses contained within the Technical ra
document supports the development of goals, objectives, policies, and implementation programs established in the
Policy Document component of the Monroe County 2030 Monroe County Comprehensive Plan. The Technical CL
Document contains background information including the technical support data and analyses for the various elements
of the plan.
Comprehensive Plan: The Policy Document contains the goals, objectives and policies for each element,the capital
improvements implementation program,and the Comprehensive Plan monitoring and evaluation procedures.
Map Atlas: Section 163.3177 F.S. establishes the minimum required maps: >
➢ au�auua�, ,:uuu l CJ<!e a
Map Series 2-1 (Existing Land Use, ➢uu�a lluur;�a7u7a_uiu<,�u_u9 a_gzayuuuu� 7i ua_`-'__u� ➢uur,�auta r,�u_uua_�:i.uua;r)
Map Series 2-3 (Future Land Use)
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i_a7uur,�_ua�uiva�uu uuu�j_�_a�ir��_u➢_1'e!�iuu u�:�au_n�,u_ui:;
Map Series 3-1 (Soils)
Map Series 3-2(Flood Zone) C'
Map Series 3-3 (Terrestrial Habitat) t0
Map Series 3-7(Coastal High Hazard Area) The r�oasial 6ua�,Du-hazar(]arrea is/he areabeloly/he elr:valion gflhe U
caaegmrwu% I storm su/r �')e lam= as established bv �r ,�u"��x, hake, and Hurricanes (,V,0,1u71) ass
rrruu;z a�,r az��� .rarrrruu.rz r��,�°model,
E
Juu`i`k" i uu"u:.uuhl-IJ1 �u�
Map Series 4-1 (Road System)
Map Series 4-2(Roadway Functional Classification) U)
Map Series 4-3 (Number of Through Lanes)
Map Series 4-4(Roadway Level of Service)
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➢°az�augzlar, 17/:u�arm �
Map Series 8-1 (Facilities Service Area-Potable Water)
Additionally,the Map Atlas contains maps depicting other background information for the various elements.
vi
In accordance with the requirements of Chapter 163,F.S.,Part II,the Policy Document contains the following sections
of the Comprehensive Plan adopted by the Board of County Commissioners(BOCC):
1 A_1"°u�ur�_ite 1`1i-mj_umy_1[ u7:tgs_➢,➢u�uunu�u_ui:,,a a uui u7uuu uj_uuu_Ckji'2m-10
2_.__The Goals, Objectives and Policies of the plan, as well as the requirements for capital improvements U
implementation,including the Five-Year Schedule of Capital Improvements,contained in Chapter 3.0;
3P, The procedures for monitoring and evaluation of the plan,contained in Chapter 4.0;
4_.., The procedures for public participation and comment on the comprehensive planning process,contained in
Chapter 5.0; and
.`4m The map series included in the Map Atlas which depicts future conditions in Monroe County: Future Land
Use and Future Transportation „(,��u_uuulai uuu_uu7�ua7uu_1Sa.uuuna7_alu _]➢uua77uu➢u__�_u7�uu"r__ 797" also require c
adoption by the BOCC. [The remainder of the map series contained in the Map Atlas and the background17
data and analyses contained in the Technical Document do not require adoption by the BOCC.] W
4i
The Goals, Objectives and Policies contained in Chapter 3.0 are the primary mechanism for implementation of the
Comprehensive Plan. Goals,Objectives and Policies are presented for the following elements: E
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Page 9 of 217
Packet Pg. 3402
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
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1. Future Land Use E
2. Conservation and Coastal Management
a�
3. Traffic Circulation
4. Mass Transit
5. Ports,Aviation and Related Facilities ra
2A
6. Housing
7. Potable Water C,
C,
8. Solid Waste
9. Sanitary Sewer
10. Drainage
11. Natural Groundwater Aquifer Recharge 0
12. Recreation and Open Space
13. Intergovernmental Coordination
14. Capital Improvements >
15. Energy ]Ia r;u➢ua�,i�ia ,and Climate
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E
0
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I
N
I
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0
X
E
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Page 10 of 217
Packet Pg. 3403
Exhibit | Evaluation and Appraisal Review Amendments
Z.# - GENERAL
Pob�,!.-L�,l <
CL
Implementation o{Uda lmn,purticnlurly:
/\. Policies 10242 (land acquisition . l{����|l��� �
�"q!,!Jsikgm1_|02.|.| 20422(�����|0O��opunapucur��for-salt R4a+s4-
.and 204.3.| (vdlunducqniaidon);*FA
B. Objectives 901.3 (sewer master plan) and 1001.1 (mmnnwu|ur
master plan) >
W
v/ill require funding which exceeds the reasonable budgetary constraints of Monroe County. As an Area of Critical J2
State Concern and site oI unique natural resources oI national importance,Monroe County should not hu expected to CL
bear the sole burden oIimplementing these policies without substantial financial assistance.The State of Florida has
n/udu u auhakuzdul commitment to pnovidu, and actively uaaiat in aucudng. financial uaaiatuncu to implement these
policies.Accordingly,Monroe County will pursue,in cooperation with the State Land Planning Agency,all available
federal,state and private funding sources for implementation of these policies and for preparation of studies and master
plans identified in the Plan. Monroe County will commit tono less than 35%oIthe Monroe County Land Authority
annual budget to the acquisition of lands rendered unbuildable by this Plan,and,where feasible,will commitadditional 0
funds from other local revenue sources. When an implementation date cannot be met by reason of unavailability of �~
sufficient hoxia that date will be extended by Plan amendment to the earliest date that iareasonably practical uDcr
receipt oI sufficient funds.
Poboy,!.-L�,� �
To provide specific interim criteria and standards pending the adoption and effective date oI revisions tothe land J�
developmentruregulations which are and further policies ad forth in this Plan, land m
nn
|
development regulations in effect on the adoption date of this Plan have been incorporated by reference. Upon the
effective date of revisions to the land development regulations which are required by and consistent with this Plan,all
references in this Plan to prior land development regulations shall include or be superseded by such revisions.
Po��,!.-L�,� �
Monroe County shall be responsible to implement the Comprehensive Plan to the extent authorized by law.While all c
|
plan policies are contingent upon funding,many require substantial funds ioorder tohu implemented. Therefore,the �
County shall hu responsible to implement the objectives and policies enumerated in Policy 2,.L| (u)and(h)above,to vi|
the extent that local funds for implementation are available,and to maintain and continue implementation to the extent q
that additional local funds or state and federal funds,become available.Further,the County,with the assistance oIthe w|
�
8tu|u, shall ddunnbne the nDbnatu fiscal coat of implementing the plan and the Icdcml, atu|u and local lair aburu of
implementation.The County with the assistance of its state and federal partnersshall report tothe Legislature the full
fiscal coat of implementing the plan, the akku and local aburua of such inqplunnunkkion, and shall include U
recommendations for funding initiatives and uDuon*ivua for implementation. The report abul include u full '
cost/benefit analysis relative to the cost oIproviding facilities and services to development in the county compared to
the cost oIacquiring the remaining undeveloped land.
Pobcyl,!,-,,4 0
Monroe County ia not ruqnir in
crease 0
k is,however,required to commit its reasonably available funds tofunding what the State Land Planning Agency and �
Monroe County ultimately agree is Monroe County's reasonable share of the cost of implementation. Policy 2--1�3 mm
above,does not require Monroe County's taxpayers to bear the entire financial burden imposed by the Monroe County
2030 Comprehensive Plan. Monroe CouzVy'a commitment ia limited todaruuaonuhluuhiUtytohuxionlypm{oIthe
Page 11oI217
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
cost of implementation.To the extent that the state should assist Monroe County and does not,Monroe County is not U)
C
required to provide such funds.
Policy,!.-,5
Florida's Growth Management System,including rules promulgated by the Administration Commission,has created E
major mandates of state requirements for Monroe County with respect to the County's designation as an area of critical
state concern uuua_➢uuujuuu�,__u u uu_unui__u➢➢a a_u�ua 1u s r,uuuun,uun_uuuu�_uu �j_ua ➢unu in _uesideuuuu a➢_r;ua u➢ui;a gau_a�_u fol- ,u;u�_uuuu iuu_wl U)
➢uuuu u a uu_ua__a ua_uu u�ua�u_uua uun_ ➢ua _a u u�_u_ _a,yr uu_u _u_a u uuuu a��_➢u a uu �_.uau_a�a a qua uuuuu� _ _u�a i_Qluu_u➢uay_Ljq[,a_-uves. These
mandates, together with other federal statutes and programs, have created an interlocking partnership between the CL
state,Monroe County and federal agencies to plan for and implement major environmental and growth management
systems. This partnership entails responsibilities for the State, federal government, and County to work together in
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Page 12 of 217
Packet Pg. 3405
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
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Page 13 of 217
Packet Pg. 3406
Exhibit I Evaluation and Appraisal Review Amendments
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Page 14 of 217
1 Packet Pg. 3407
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
3.0 - GOALS, OBJECTIVES AND POLICIES
3.1 - FUTURE LAND USE E
GOAL 101
Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County residents and
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visitors,and protect valuable natural resources. [F.S. § 163.3177(1)]
Objective 101.1
Monroe County shall ensure that all development and redevelopment taking place within its boundaries does not
result in a reduction of the level-of-service requirements established and adopted by this comprehensive plan.
Further,Monroe County shall ensure that comprehensive plan amendments include an analysis of the availability
of facilities and services or demonstrate that the adopted levels of service can be reasonably met. [F.S. §
163.3177;F.S. § 163.3180]
Policy 101.1.1 >
Monroe County shall maintain level of service (LOS) standards for the following public facility types a
required by Chapter 163, F.S.: sanitary sewer, solid waste, drainage, and potable water. Additionally the 2
County shall maintain LOS for roads, and parks and recreation.The LOS standards are established in the
following sections of the Comprehensive Plan:
1. The LOS for roads is established in Traffic and Circulation Policy 301.1.1 and 301.1.2;
2. The LOS for potable water is established in Potable Water Policy 701.1.1;
3. The LOS for solid waste is established in Solid Waste Policy 801.1.1;
4. The LOS for sanitary sewer is established in Sanitary Sewer Policy 901.1.1; E
5. The LOS for drainage is established in Drainage Policy 1001.1.1; and U
6. The LOS for parks and recreation is established in Recreation and Open Space Policy 1201.1.1.
Policy 101.1.2
Monroe County shall maintain land development regulations which provide a Concurrency Management U)
System(See Capital Improvements Policy 1401.4.5).
Policy 101.1.3 MI
Facilities for potable water,sanitary sewer,solid waste and drainage shall be in place and available to serve
new development no later than the issuance of the certificate of occupancy or its functional equivalent. If
facility improvements are needed to ensure that the adopted level-of-service standards are achieved and U)
maintained, prior to commencement of construction, a developer is required to enter into a binding and
legally enforceable commitment to the County to assure construction or improvement of the facility. [F.S.
§ 163.3180] �
Policy 101.1.4
Parks and recreation facilities to serve new development shall be in place or under actual construction no
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later than one (1) year after issuance by the County of a building permit. The acreage (land) for such
facilities shall be dedicated or be acquired by the County prior to issuance of a building permit,or funds in
the amount of the developer's fair share shall be committed no later than the County's approval to commence
construction. If park and recreation facility improvements are needed to ensure that the adopted level-of- U
service standards are achieved and maintained, prior to commencement of construction,the developer is
required to enter into a binding and legally enforceable commitment to the County to assure construction
of the facilities.
Policy 101.1.5
Transportation facilities needed to serve new development shall be in place when the impacts of the c
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development occur. If transportation facilities are needed to ensure that the adopted level-of-service y
standards are achieved and maintained,prior to commencement of construction,a developer is required to
enter into a binding and legally enforceable commitment to the County to assure construction or
improvement of proportionate share of required improvements, or to assure the provision of the
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Page 15 of 217
Packet Pg. 3408
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
proportionate share contribution of the costs for the necessary transportation facilities.The development of U)
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a single family residential unit shall be considered de minimis and shall not be subject to this requirement.
Policy 101.1.6
Prior to the approval of a building permit, Monroe County shall consult with the Florida Keys Aqueduct �E
Authority (FKAA) to determine whether adequate water supplies to serve the new development will be
available no later than the anticipated date of issuance by the County of a certificate of occupancy or its
functional equivalent
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Objective 101.2
As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and Rule 28-20.140, F.A.C., and to
maintain the public health,safety,and welfare,Monroe County shall maintain a maximum hurricane evacuation
clearance time of 24 hours and will coordinate with the State Land Planning Agency relative to the 2012 g
Memorandum of Understanding that has been adopted between the County and all the municipalities and the
State agencies.
Policy 101.2.1
Monroe County shall maintain a memorandum of understanding with the State Land Planning Agency,
Division of Emergency Management,Marathon,Islamorada,Key West,Key Colony Beach,and Layton to
stipulate, based on professionally acceptable data and analysis, the input variables and assumptions,
including regional considerations, for utilizing the Florida Division of Emergency Management's (DEM)
Transportation Interface for Modeling Evacuations ("TIME") Model to accurately depict evacuation
clearance times for the population of the Florida Keys. C,
Policy 101.2.2 U
Monroe County shall coordinate with all the municipalities,the State Land Planning Agency and Division
of Emergency Management to update the variables and assumptions for the evacuation clearance time
modeling and analyses of the build-out capacity of the Florida Keys Area of Critical State Concern based
upon the release of the decennial Census data. Pursuant to the 2012 completed hurricane evacuation U)
clearance time modeling by the State Land Planning Agency,which incorporates the 2010 Census data,the
County may allocate 10 years'worth of growth(197 x 10=1,970 allocations,197 annual ROGO rate based
on Rule 28-20.140, F.A.C.)through the year 2023,while maintaining an evacuation clearance time of 24I
hours.The County will adopt a slower rate of annual allocations for market rate development to extend the
allocation timeframe to 2033 without exceeding the total of 1,970 allocations (see Policy 101.3.2). The U)
County shall reevaluate the annual ROGO allocation rate based on: 1) statutory changes for hurricane U)
evacuation clearance time requirement standards;2)new hurricane evacuation modeling by the State Land 0
Planning Agency and Division of Emergency Management; and 3) a new or revised memorandum of
understanding with the State Land Planning Agency, Division of Emergency Management, Marathon, I
Islamorada,Key West,Key Colony Beach and Layton(see Policy 101.2.1).
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Policy 101.2.3
The County will consider capital improvements based upon the need for improved hurricane evacuation
clearance tlmes,,.,,Jy l_t d V�' jgtg!![�all� �yd Dalld s fro � sca �d v j rise. to IN C 4�uW � s d valcgallQiSSy Doug The �
County will coordinate with the FDOT, the state agency which maintains U.S.1,to ensure transportation
projects that uun„uiu� uuuu_dul�;_improve clearance times are prioritized. t 3
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Policy 101.2.4
In the event of a pending major hurricane (Category 3-5)Monroe County shall implement the following E
staged/phased evacuation procedures to achieve and maintain an overall 24-hour hurricane evacuation
clearance time for the resident population. c
1. Approximately 48 hours in advance of tropical storm winds,a mandatory evacuation of non-residents,
visitors,recreational vehicles(RVs),travel trailers, live-aboard vessels(transient and non-transient), X
and military personnel from the Florida Keys shall be initiated. State parks and campgrounds should
be closed at this time or sooner and entry into the Florida Keys by non-residents should be strictly C
limited. E
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Page 16 of 217
Packet Pg. 3409
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
2. Approximately 36 hours in advance of tropical storm winds,a mandatory evacuation of mobile home
residents, special needs residents, and hospital and nursing home patients from the Keys shall be
initiated.
3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased evacuation of
permanent residents by evacuation zone (described below) shall be initiated. Existing evacuation �E
zones are as follows:
a) Zone 1 -Key West, Stock Island and Key Haven to Boca Chica Bridge(MM 1-6) ra
b) Zone 2 -Boca Chica Bridge to West end of 7-mile Bridge(MM 6-40)
c) Zone 3 -West end of 7-Mile Bridge to West end of Long Key Bridge(MM 40-63)
d) Zone 4-West end of Long Key Bridge to CR 905 and CR 905A intersection(MM 63-106.5 and
MM 1-9.5 of CR 905)
e) Zone 5 -905A to,and including Ocean Reef(MM 106.5-126.5)
The actual sequence of the evacuation by zones will vary depending on the individual storm.The concepts g
embodied in this staged evacuation procedures should be embodied in the appropriate County operational
Emergency Management Plans.
The evacuation plan shall be monitored and updated on an annual basis to reflect increases,decreases and
or shifts in population;particularly the resident and non-resident populations.
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For the purpose of implementing Policy 101.2.4,this Policy shall not increase the number of allocations to U)
more than 197 residential units a year, except for affordable housing. Any increase in the number of
allocations shall be for affordable housing.
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Objective 101.3 E
Monroe County shall regulate new residential development based upon the finite carrying capacity of the natural U
and man-made systems and the growth capacity while maintaining a maximum hurricane evacuation clearance
time of 24 hours.
Policy 101.3.1 U)
Monroe County shall maintain a Permit Allocation System for new residential development known as the
Residential Rate of Growth Ordinance (ROGO) System. The Permit Allocation System shall limit the
number of permits issued for new residential dwelling units. The ROGO allocation system shall apply MI
within the unincorporated area of the county, excluding areas within the county mainland and within the it%
Ocean Reef planned development(Future development in the Ocean Reef planned development is based U)
upon the December 2010 Ocean Reef Club Vested Development Rights Letter recognized and issued by U)
the Department of Community Affairs).New residential dwelling units included in the ROGO allocation
system include the following: affordable housing units; market rate dwelling units; mobile homes; and
institutional residential units(except hospital rooms).
Vessels are expressly excluded from the allocation system,as the vessels do not occupy a distinct location, '
and therefore cannot be accounted for in the County's hurricane evacuation model.Under no circumstances
shall a vessel,including live-aboard vessels,or associated wet slips be transferred upland or converted to a
dwelling unit of any other type.Vessels or associated wet slips are not considered ROGO allocation awards,
and may not be used as the basis for any type of ROGO exemption or THE(Transfer of ROGO Exemption).
U
ROGO Allocations for rooms,hotel or motel;campground spaces;transient residential units; and seasonal
residential units are subject to Policy 101.3.5.
For purposes of this Policy,the redevelopment or replacement of any lawfully established unit within the
Venture out community, which is located in the Lower Keys at MM23 on Cudjoe Key, that does not 0
increase the number of units,above that which existed on or before January 4, 1996,shall be exempt from
17
the permit allocation(ROGO)system.Policies 101.3.5 and 101.6.8 shall not apply to Venture Out,and the X
units within Venture Out may be developed as either detached dwelling, mobile home or recreational W
vehicle use through the approval of a building permit,provided the following are met:
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Page 17 of 217
Packet Pg. 3410
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
1. To not increase the hurricane evacuation clearance time of permanent residents, in the event of a
pending major hurricane (Category 3-5), a mandatory evacuation of all occupants of units within
Venture Out,regardless of unit type,is required at least 48 hours in advance of tropical storm winds.
Approximately 48 hours in advance of tropical storm winds,a mandatory evacuation of occupants
residing in a permanent unit shall be initiated and a mandatory evacuation of both the occupants of �E
recreational vehicles(RVs)and the RVs shall be initiated;
2. Notwithstanding the provisions of Policy 101.5.5, the interchangeability of detached dwelling ra
(permanent), mobile home (permanent) and recreational vehicles (transient) uses may occur only
within the gated Venture Out community with a managing entity responsible for evacuation; CL
3. Recreational Vehicle occupancies or tenancies of six(6)months or more is prohibited;
4. Recreational Vehicles must meet all land development regulations, floodplain management
regulations and any building code requirements for recreational vehicles;
5. A recreational vehicle must have current licenses required for highway travel,be attached to the site g
only by the quick disconnect-type utilities, and no permanent additions such as sun rooms or state
rooms shall be permitted;
6. Notwithstanding the transfer provisions within Policy 101.6.8,no unit,regardless of use type,within W
the Venture Out community may be transferred to another site outside of the Venture Out
community; andCL
7. In no case shall recreational vehicles(transient units)be developed as a hotel/motel. 0
(Ord.No.037-2020) °U)
Policy 101.3.2
The number of permits issued for residential dwelling units under the Rate of Growth Ordinance shall not C,
exceed a total of 1,970 new allocations for the time period of July 13,2013 through July 12,2026,plus any E
available unused ROGO allocations from a previous ROGO year.A ROGO year means the twelve-month U
period beginning on July 13. Market rate allocations shall not to exceed 126 residential units per year.
Unused allocations for market rate shall be available for Administrative Relief.
In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity completed the
hurricane evacuation clearance time modeling task and found that with 10 years'worth of building permits,
the Florida Keys would be at a 24 hour evacuation clearance time. This creates challenges for State of
Florida and Monroe County as there are 8,168 privately owned vacant parcels [3,979 Tier I; 393 Tier II, M1
260 Tier III-A(SPA); 3,301 Tier III, and 235 No tier(ORCA, etc.)] and with 1,970 new allocations this
may result in a balance of 6,198 privately held vacant parcels at risk of not obtaining permits in the future. U)
In recognition of the possibility that the inventory of vacant parcels exceeds the total number of allocations 0
which the State will allow the County to award,the County will consider adopting an extended timeframe 0
for distribution of the ROGO allocations through 2033 with committed financial support from its State and
Federal partners. This timeframe can provide a safety net to the County and provide additional time to
implement land acquisition and other strategies to reduce the demand for ROGO allocations and help
transition land into public ownership. �I
The County is actively engaged in acquisitions and is requesting its State and Federal partners for assistance
with implementing land acquisitions in Monroe County.The County will allocate the 1,970 new dwelling
unit allocations over a 10 year timeframe.If substantial financial support is provided by July 12,2018,the
County will reevaluate the ROGO distribution allocation schedule and consider an extended timeframe for U
the distribution of market rate allocations (through a comprehensive plan amendment). Further,the State
and County shall develop a mutually agreeable position defending inverse condemnation cases and Bert J.
Harris,Jr. Private Property Rights Protection Act cases,with the State having an active role both directly
and financially in the defense of such cases.
0
The County shall distribute ROGO allocations by ROGO year,as provided in the table below.
X
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Page 18 of 217
Packet Pg. 3411
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
Annual Allocation
ROGO Year
I
Market Rate Affordable Housing E
1 13 2013— 1 12 2014 126 71 I July Ju
Y Y
E
1 13 2014— 1 12 2015 126 71 I July Ju
Y Y
1
July 13,2015—July 12,2016 126 A
July 13,2016—July 12,2017 126 CL
July 13,2017—July 12,2018 126
July 13,2018—July 12,2019 126
0
July 13,2019—July 12,2020 126
568 total AFH 2
1 Ju �'°13 2020 1 12 2021 64 (total available immediately) >
July 13,2021 July 12,2022 64
L
July 13,2022—July 12,2023 64
July 13,2023 July 12,2024 62
U)
July 13, y 12,2025 62
July 13,2025 Jul ,y 122026 62
TOTAL 1,260 710* E
0
Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea through U
the Incidental Take Permit(ITP)ending in 2023.
The State of Florida,pursuant to Administration Commission Rules,may modify the annual allocation
rate. Monroe County will request a Rule change from the Administration Commission to authorize the
above allocation timeframe and rate.
(Ord.No.005-2020, § 1, 1-22-2020) U)
I
Policy 101.3.3
Monroe County shall allocate at least 20% of the annual allocation,or as may be established by the State U)
of Florida,pursuant to Administration Commission Rules, to affordable housing units as part of ROGO.
Any portion of the allocations not used for affordable housing shall be retained and be made available for
affordable housing from ROGO year to ROGO year.Affordable housing eligible for this separate allocation
shall meet the criteria specified in Policy 601.1.4 and the Land Development Code but shall not be gal
subject to the competitive Residential Permit Allocation and Point System in Policy 101.6.4. Any parcel Vil
proposed for affordable housing shall not be located within an area designated as Tier I as set forth under �a
Goal 105 or within a Tier III-A Special Protection Area as set forth in Policy 205.1.1. c°"I
Notwithstanding the foregoing,and notwithstanding Policy 101.6.2. affordable housing ROGO
allocations may be awarded to Tier I or Tier III-A properties which meet all of the following criteria: U
1. The property contains an existing market rate dwelling unit that meets the criteria in LDC Section
138-22(a)and is determined to be exempt from ROGO; U
2. The proposed replacement affordable dwelling unit meets current Florida Building Code and is not a
mobile home;
3. The proposed replacement dwelling unit shall be deed restricted for a period of at least 99 years as
affordable housing pursuant to the standards of the Land Development Code; and c
4. The proposed site plan for the replacement affordable dwelling unit does not propose any additional 1:
clearing of habitat. X
(Ord.No.018-2019 , § 1,6-19-2019)
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Page 19 of 217
Packet Pg. 3412
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
Policy 101.3.4 U)
The Permit Allocation System(or Rate of Growth Ordinance)for new residential development shall specify
procedures for: 'a
1. establishing the annual number of permits for new residential units to be issued during the next ROGO
year based upon,but not limited to the following: �E
a. expired allocations and building permits in previous year;
b. allocations available,but not allocated in previous year;
c. number of allocations borrowed from future quarters;
d. vested allocations; CL
C'
e. modifications required or provided by Administration Commission Rules;
f. modifications required or provided by this plan or agreement pursuant to Chapter 380, Florida
Statutes;and
g. receipt or transfer of affordable housing allocations by intergovernmental agreement; and g
h. receipt or transfer of allocations pursuant to the 2012 Hurricane Evacuation Clearance Time
Memorandum of Understanding.
2. allocation of affordable and market rate housing units in accordance with Policy 101.3.3; and W
3. timing of the acceptance of applications, evaluation and scoring of applications, and issuance of
permits for new residential development during the calendar year. CL
0
Policy 101.3.5 U)
Due to the limited number of allocations and the State's requirement that the County maintain a maximum
hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit new transient residential
allocations for hotel or motel rooms, and any lock-out units, campground spaces, or spaces for parking a C,
recreational vehicle or travel trailer Iluaty 4) Lawfully established transient units shall be
entitled to one unit for each type of unit in existence before January 4, 1996,for use as a ROGO exemption. U
(Ord.No.010-2021)
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Policy 101.3.6
All public and institutional uses (except hospital rooms) that predominately serve the County's non- U)
transient population and which house temporary residents shall be subject to the Permit Allocation System
for residential development, except upon factual demonstration that such transient occupancy is of such a
nature so as not to adversely impact the hurricane evacuation clearance time of Monroe County. I
Policy 101.3.7 U)
Monroe County may permit temporary emergency housing,not subject to the Permit Allocation System, 0
for temporary occupancy by residents displaced by natural or manmade disaster damage; or for relief
workers involved in reconstruction activities.
I
Temporary emergency housing may be permitted subject to the following:
• Temporary emergency housing means recreational vehicles(or similar approved sheltering units)usedI
for temporary occupancy in response to natural or manmade disasters, including,but not limited to,
hurricanes and tropical storms,where such units are provided to residents and relief workers as part gal
of emergency relief efforts.
• Building permits for temporary emergency housing for displaced residents on residential parcels shall
be limited to one recreational vehicle (or similar approved sheltering unit)per lawfully established U
dwelling unit, and occupancy shall not exceed 180 days, unless an extension of up to an additional
180 days is granted by the building official. Occupancy may be further extended at the discretion of
the Board of County Commissioners(BOCC)by resolution.
• Building permits for temporary emergency housing for displaced residents on nonresidential or mixed
use sites or vacant residential properties shall not exceed 180 days, unless an extension of up to an 0
0
additional 180 days is granted by the building official. Occupancy may be further extended at the
discretion of the Board of County Commissioners(BOCC)by resolution. X
• The Board of County Commissioners (BOCC) may adopt a resolution authorizing the duration of
temporary emergency housing after a natural or manmade disaster.
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Page 20 of 217
Packet Pg. 3413
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
• The Board of County Commissioners (BOCC) may adopt a resolution authorizing the placement of U)
C
temporary emergency housing at mobile home parks and RV parks for the temporary occupancy by
residents displaced by a natural or manmade disaster.
• Approval by the Board of County Commissioners (BOCC)of a resolution authorizing the placement
and duration of temporary emergency housing for relief workers shall be required. Occupancy of E
temporary emergency housing for relief workers shall not exceed the duration specified by the BOCC
resolution,but may only be extended at the discretion of the BOCC by an additional resolution. ra
(Ord.No.022-2019 , § 1,6-19-2019)
C,
CL
Policy 101.3.8
Monroe County may permit temporary non-emergency housing, not subject to the Permit Allocation
System, for temporary occupancy by workers undertaking a long-term capital improvement project to
provide site security for the capital improvement project site; or to avoid delay in completing ongoing or g
future airport safety and capacity improvements on county airport properties.
Temporary non-emergency housing may be permitted subject to the following: w
• Temporary non-emergency housing means recreational vehicles(or similar approved sheltering units) �
used for temporary occupancy by employees in order to provide project site security for a long-term .2
capital improvement project or to avoid delay in completing ongoing or future airport safety and 0
capacity improvements. °U)
• Approval by the Board of County Commissioners(BOCC)of a resolution authorizing the placement
of a temporary non-emergency housing unit to provide site security for a capital improvement project
shall be required.The BOCC resolution shall specify the location(placement of the unit at the project C,
site) and the duration of the temporary housing unit,not to exceed 180 days. No more than one (1) E
temporary non-emergency housing unit shall be approved per project site. Occupancy may only be U
extended at the discretion of the BOCC by an additional resolution.When considering such placement,
the BOCC shall take into account the number of times a parcel has been used for temporary non-
emergency housing purposes for capital improvement projects and shall consider compatibility,
complications,public comment and other circumstances that may require a site to be utilized for more U)
than 365 consecutive days.
• Occupancy of temporary non-emergency housing necessary to avoid delay in completing ongoing or
future airport safety and capacity improvements on county airport properties shall not exceed 30 days MI
after the completion of the associated project,unless an extension is granted by the BOCC. '
U)
For all permitted temporary housing,upon expiration of relevant approvals and timeframes expressly set 0
forth in the relevant authorization,the temporary housing shall be removed. 0
Policy 101.3.9 �
For those ROGO applications and properties which have not received a ROGO award for four consecutive
years and have applied for administrative relief,which are designated Tier I,II,or IIIA,the County or the �I
State shall offer to purchase the property if funding for such is available.Refusal of the purchase offer shall
not be grounds for granting a ROGO award.
Policy 101.3.10
Notwithstanding any other provision of the Plan,ROGO allocations utilized for affordable housing projects U
may be pooled and transferred between ROGO sub-areas, excluding the Big Pine/No Name Keys ROGO
subarea,and between local government jurisdictions within the Florida Keys Area of Critical State Concern
(ACSC). Any such transfer between local government jurisdictions must be accomplished through an
interlocal agreement between the sending and receiving local governments.
0
0
Policy 101.3.11
Monroe County may receive additional building permit allocations pursuant to the 2012 completed X
hurricane evacuation clearance time modeling and allocation recommendations by the State Land Planning w
Agency and the Administration Commission's direction that the City of Key West would transfer annually a
(by July 15th)any remaining unused allocations for that year to the other Florida Keys'local governments
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Page 21 of 217
Packet Pg. 3414
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
based upon the local governments'ratio of vacant land. Any transferred allocations from the City of Key
West to Monroe County shall be made available for Administrative Relief.
Objective 101.4
Monroe County shall regulate nonresidential development to maintain a balance of land uses to serve the needs E
of the future population of Monroe County.
ra
2A
Policy 101.4.1
Monroe County shall maintain a Permit Allocation System for new nonresidential floor area,known as the CL
Nonresidential Rate of Growth Ordinance (NROGO) System. Monroe County shall maintain a balance
between residential and nonresidential growth by limiting the floor area of new nonresidential development
available within the County to maintain a maximum of 47,083 square feet of floor area per NROGO year.
The nonresidential allocation allowed by this policy shall be distributed on an annual basis, pursuant to g
Policy 101.4.3. The NROGO allocation system shall apply within the unincorporated area of the county,
excluding areas within the county mainland and within the Ocean Reef planned development (Future
development in the Ocean Reef planned development is based upon the December 2010 Ocean Reef Club
Vested Development Rights Letter recognized and issued by the Department of Community Affairs).
Policy 101.4.2
The Permit Allocation System for new nonresidential floor area(Nonresidential Rate of Growth Ordinance) U)
shall specify procedures for:
1. Establishing the annual amount of new nonresidential floor area to be allocated during the next
NROGO year based upon,but not limited to:
a. the amount of previously allocated nonresidential floor area reclaimed during the preceding E
NROGO years due to the abandonment or expiration of approved development that received a U
NROGO allocation award;
b. the amount of nonresidential floor area available for allocations but not allocated in the previous
NROGO year;
C. the amount of nonresidential floor area not made available for the previous NROGO year U)
allocation by the BOCC;
d. modifications required or provided by this plan;
e. modifications required or provided by Administration Commission Rules; and MI
f. receipt or transfer of floor area by intergovernmental agreement. '
2. Timing of the acceptance of applications, evaluation and scoring of applications, and issuance of U)
permits for new nonresidential development during the NROGO year. 0
Policy 101.4.3
The amount of floor area available for the annual allocation period under NROGO shall be 47,083 squareI
feet. Beginning NROGO Year 22 (July 13, 2013), this floor area shall be distributed to each of three
subareas as provided in the following table: �I
ROGO subarea Annual NROGO allocation 1 �I
Upper 22,944 SF
Lower
21,749 SF U
.......Big Pine/NoName 2,390 SF
Total 47,083 SF
Policy 101.4.4
Monroe County shall maintain a record of NROGO allocations that were not awarded in annual NROGO c
0
allocation periods.This shall be known as the NROGO bank.As of July 12,2012 (NROGO Year 20),the
NROGO bank for each ROGO subarea was as follows: W
Big Pine Key and No Name Key
ROGO subarea 4,339 square feet
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Page 22 of 217
Packet Pg. 3415
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
U)
Upper Keys&Lower Keys ROGO
subareas 389,991 square feet
Commencing NROGO Year 22 (July 13, 2013 through July 12, 2014), the NROGO bank shall be
proportionally distributed between the three ROGO subareas: 1)Upper Keys,2)Lower Keys and 3)Big <
Pine/No Name Keys.The NROGO bank shall be maintained by an account per each ROGO subarea and a ra
general account for the Upper and Lower Keys ROGO subarea.
NROGO bank, means the cumulative total of a)NROGO allocations that were not awarded and thereby �
not allocated due to a lack of demand, b) nonresidential floor area not made available for the annual
NROGO allocation by the board of county commissioners; and c) allocated nonresidential floor area
reclaimed due to the abandonment or expiration of approved development that received a NROGO
allocation award.
Policy 101.4.5 >
The NROGO allocation system shall not apply to the following nonresidential developments: W
1. Any area of the unincorporated County exempted from the residential ROGO permit allocation system.
2. Public facilities and public/governmental uses (used either temporarily or permanently), including
a�
capital improvements and public buildings.NOTE: All public and institutional uses (except hospital
rooms)that predominately serve the County's non-transient population and which house temporary
residents shall be included in the Permit Allocation System for residential development,except upon
factual demonstration that such transient occupancy is of such a nature so as not to adversely impact
the hurricane evacuation clearance time of Monroe County. E
3. De minimis expansion of or de minimis addition of new nonresidential floor area of an individual c
property,not exceed 1,000 square feet of new nonresidential floor area. U
4. Within Tier III designated areas,nonresidential development by federally tax-exempt not-for-profit
institutional uses (educational, scientific, research, health, social service, religious, cultural, and
recreational organizations) shall be exempt upon a finding by the Planning Commission that such U)
activity will predominately serve the County's non-transient population.
5. Industrial uses in the Maritime Industries(MI)and the Industrial(1)land use(zoning)districts.
6. Uses permitted in the Rockland Key Commercial Retail Center Overlay District.
7. Agricultural and aquacultural uses.
8. Canopies.
9. Airport hangars. U)
10. Marine educational/research facilities and marine related science and technology research facilities.
11. Commercial fishing uses,which are defined in the Land Development Code and which are within a
commercial fishing zoning category.
12. Recreational and commercial working waterfront uses, as defined by § 342.07, F.S., excluding gal
transient uses.These exemptions shall not be available on lands designated as Tier I or,if clearing issl
proposed,designated as Tier 111-A(SPA). R
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I
Objective 101.5
Monroe County shall regulate future development and redevelopment to maintain and enhance the character of
the community and protect natural resources by providing for the compatible distribution of land uses U
consistent with the designations shown on the Future Land Use Map. [F.S. § 163.3177(6)(a)] a�
c�
FUTURE LAND USE CATEGORIES
Policy 101.5.1
The principal purpose of the Residential Conservation (RC) future land use category is to encourage
preservation of open space and natural resources while providing for very low-density residential
development in areas characterized by a predominance of undisturbed native vegetation. Low-intensity w
public uses and utilities are also allowed.
a�
E
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Page 23 of 217
Packet Pg. 3416
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
Policy 101.5.2 U)
The principal purpose of the Residential Low (RL) future land use category is to provide for low-density
residential development in partially developed areas with substantial native vegetation. Low intensity
public and low intensity institutional uses are also allowed.
Policy 101.5.3
The principal purpose of the Residential Medium (RM) future land use category is to recognize those A
portions of subdivisions that were lawfully established and improved prior to the adoption of this plan and @
to define improved subdivisions as those lots served by a dedicated and accepted existing roadway,have
an approved potable water supply, and have sufficient uplands to accommodate the residential uses.
Development on vacant land within this land use category shall be limited to one residential dwelling unit C
for each such platted lot or parcel which existed on or before January 4, 1996.
Policy 101.5.4
The principal purpose of the Residential High(RH)future land use category is to provide for high-density
single-family, multi-family, and institutional residential development, including mobile homes and
manufactured housing,located near employment centers.
Policy 101.5.5
Monroe County shall maintain Land Development Regulations which allow nonconforming nonresidential U)
and transient uses in the RC,RL,RM and RH future land use categories that lawfully existed on such lands
on January 4, 1996 to develop,redevelop,reestablish and/or substantially improve provided that the use is
limited in density,intensity,floor area,and to the type of use that existed on January 4, 1996. C,
E
Policy 101.5.6 U
The principal purpose of the Mixed Use/Commercial (MC) future land use category is to provide for the
establishment of mixed use commercial land use(zoning)districts where various types of commercial retail
and office may be permitted at intensities which are consistent with the community character and the natural
environment. Employee housing and commercial apartments are also permitted. In addition, Mixed U)
Use/Commercial land use districts are to establish and conserve areas of mixed uses,which may include
maritime industry, light industrial uses, commercial fishing, transient and permanent residential,
institutional,public,and commercial retail uses. MI
This future land use category is also intended to allow for the establishment of mixed use development U)
patterns, where appropriate. Various types of residential and nonresidential uses may be permitted; 0
however, heavy industrial uses and similarly incompatible uses shall be prohibited. The County shall C7
continue to take a proactive role in encouraging the preservation and enhancement of community character
and recreational and commercial working waterfronts.
In order to protect environmentally sensitive lands,the following development controls shall apply to all
hammocks,pinelands,and disturbed wetlands within this land use category:
1. only low intensity commercial uses shall be allowed;
2. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and
3. maximum net residential density shall be zero.
U
In order to preserve and promote recreational and commercial working waterfront uses, as defined by
[Section]342.07,F.S.,the following criteria shall apply to all lands designated with the Maritime Industries
(MI)land use(zoning)district within this land use category: E
1. When a mixture of uses is proposed for parcels designated as MI land use (zoning)district,working
waterfront and water dependent uses, such as marina, fish house/market,boat repair,boat building, c
boat storage, or other similar uses but excluding transient uses, shall be preserved by maintaining a
minimum of 35%of the upland area of the property for those uses. X
To incentivize additional preservation of recreational and commercial working waterfront uses,the
following shall be available:
E
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Page 24 of 217
Packet Pg. 3417
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
i. For the preservation of 36-50%of the upland area of property for working waterfront and water
dependent uses, up to 20,000 square feet of nonresidential floor area from the NROGO bank
shall be provided to the property; and
ii. For the preservation of 50%or more of the upland area of property for working waterfront and
water dependent uses,the residential density on the property may be developed pursuant to the
maximum net density standard without the use of TDRs.
2. Parcels within the MI zoning district that have existing wet slips shall preserve at least 20%of the wet M
slips for vessels involved with recreational and commercial working waterfront uses,excluding live-
aboard vessels solely used as a residence and not for navigation. CL
3. Parcels within the MI zoning district creating new wet slips shall preserve at least 10%of the wet slips
for vessels involved with recreational and commercial working waterfront uses,excluding live-aboard C
vessels solely used as a residence and not for navigation.
4. The preservation of dockage for recreational and commercial working waterfront uses shall be g
documented on the final development plan and shall be a written condition of any permit approval.
5. For permanent residential development, parcels within the MI zoning district shall be limited to
commercial apartments or employee housing. Commercial apartment means an attached or detached W
residential dwelling unit located on the same parcel of land as a nonresidential use that is intended to
serve as permanent housing for the owner or employees of that nonresidential use.The term does notCL
include a tourist housing use or vacation rental use. 0
6. The preservation of a public access walkway, and a public access boat launch if one already exists, °U)
shall be required for all parcels with direct access to the water.Consideration shall be given to security
and the physical constraints of the parcel. The public access walkway shall be documented on the
final development plan to link a continuous walkway and shall be a written condition of any permit C,
approval. E
7. Parcels within the MI zoning district shall be limited to commercial retail uses of less than 5,000 U
square feet of floor area.(Ord.No. 032-2012)
a�
Policy 101.5.7
The principal purpose of the Mixed Use/Commercial Fishing(MCF)future land use category is to provide U)
for the maintenance and enhancement of commercial fishing and related traditional water-dependent and
water-related uses such as retail,storage,and repair and maintenance which support the commercial fishing,
sport fishing,and charter boats industry.Residential uses are also permitted.
In order to protect environmentally sensitive lands,the following development controls shall apply to all U)
hammocks,pinelands,and disturbed wetlands within this land use category: 0
1. only low intensity commercial uses shall be allowed;
2. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and
3. maximum net residential density shall be zero.
Policy 101.5.8 'I
The principal purpose of the Commercial (COMM) future land use category is to provide for the
establishment of commercial zoning districts where various types of commercial retail;highway-oriented
sales and services; commercial recreation; light industrial; public, institutional and office uses may be
permitted at intensities which are consistent with the community character and the natural environment.
The commercial zoning districts established within this category are intended to serve the immediate U
vicinity or serve the Upper or Lower subarea. This category is not intended to accommodate transient or
permanent residential development.
In order to protect environmentally sensitive lands,the following development controls shall apply to all
Tier I lands within this land use category: c
1. only low intensity commercial uses shall be allowed; and
2. a maximum floor area ratio of 0.15 shall apply. (Ord.No. 010-2013) X
Policy 101.5.9
The principal purpose of the Industrial (I) future land use category is to provide for the development of
industrial,manufacturing,and warehouse and distribution uses. Other commercial,public,residential,and
Page 25 of 217
Packet Pg. 3418
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
commercial fishing-related uses are also allowed. Residential uses are limited to employee housing or
commercial apartments. 0
Policy 101.5.10
The principal purpose of the Agriculture/Aquaculture (A) future land use category is to encourage new, �E
retention and expansion of existing agricultural and aquaculture uses. [F.S. § 163.3177(6)(a)]
M
A
Policy 101.5.11
The principal purpose of the Recreation(R) future land use category is to provide for public and private CL
activity-based and resource-based recreational facilities. [F.S. § 163.3177(6)(a)] <
Policy 101.5.12
The principal purpose of the Institutional(INS)future land use category is to provide for institutional uses g
by federally tax-exempt,nonprofit facilities,including,but not limited to,educational,scientific,religious,
social service, cultural, health care, and recreational organizations. Related institutional residential and
nonresidential uses,including student and employee housing,shall be allowed. [F.S. § 163.3177(6)(a)] W
C
Policy 101.5.13 L
The principal purpose of the Educational(E)future land use category is to provide for public educational 0
facilities. The County shall coordinate with the School Board to balance educational facility land °U)
requirements with other land use objectives.In recognition of Monroe County's environment and the linear
distribution of its population, the County shall encourage schools to accommodate building and facility
requirements on existing sites. When new school sites are required, school shall be encouraged to locate C,
proximate to urban residential areas and other public facilities. [F.S. § 163.3177(6)(a)7.] E
U
Policy 101.5.14 'a
The principal purpose of the Public Buildings/Lands(PB)future land use category is to provide for public
buildings and grounds owned by federal, state and local governments, which serve the population of the
County. In order to serve the health care needs of the community, federally tax-exempt, non-profit
institutional uses, limited to hospitals and their ancillary facilities, may also be permitted within the PB
future land use districts. [F.S. § 163.3177(6)(a)]
I
Policy 101.5.15
The principal purpose of the Public Facilities(PF)future land use category is to provide for land owned by U)
public and private utilities and service providers.In order to serve the health care needs of the community, U)
federally tax-exempt, non-profit institutional uses, limited to hospitals and their ancillary facilities, may
also be permitted within the PB future land use districts. [F.S. § 163.3177(6)(a)]
I
Policy 101.5.16
The principal purpose of the Military (M)future land use category is to provide for federally owned lands �I
used for military purposes. Development densities and intensities are not subject to regulation by Monroe
County. Military commanders will be requested to follow these recommended densities and intensities as
specified in Policy 101.5.25, consistent with natural resource constraints as well as all County
environmental design criteria. [F.S. § 163.3177(6)(a)3.a.]
U
Policy 101.5.17
The principal purpose of the Conservation(C)future land use category is to provide for publicly or privately
owned lands held primarily for the preservation of natural and historic resources and compatible passive E
recreational uses. Public uses consistent with the purpose of this category shall be allowed. [F.S. §
163.3177(6)(a)3.f.] 0
Policy 101.5.18 X
The principal purpose of the Preservation (P) future land use category is to provide for publicly owned
lands held exclusively for the preservation of natural resources. [F.S. § 163.3177(6)(a)3.f.]
E
c�
Page 26 of 217
Packet Pg. 3419
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
Policy 101.5.19 U)
The principal purpose of the Airport District(AD)future land use category is to facilitate the operations of
airports and their compatible uses and to prohibit the development of residential uses(excluding temporary
non-emergency housing),non-compatible educational uses(including but not limited to pre-K through high
schools) and/or other uses which are characterized by the regular presence of large numbers of people �E
within the hazard areas of civil and military airports. In addition to privately owned civil airports located
within the unincorporated areas of the County, this Monroe County Future Land Use Map (FLUM)
designation applies to the airports owned by the County within the cities of Key West and Marathon, and
the County shall have review authority over all permit applications. [F.S. § 163.3177(6)(a)3.b.] CL
d
Policy 101.5.20
The principal purpose of the Mainland Native(MN)future land use category is to protect the undeveloped
and environmentally sensitive character of land within Monroe County that is located on the mainland of g
the Florida peninsula.Very low density residential uses and low-intensity educational and research centers
shall be allowed. All land in the mainland portion of Monroe County is hereby designated as Mainland
Native. [F.S. § 1633177(6)(a)3.f.] `j
OVERLAY CATEGORIES
Policy 101.5.21 U)
The principal purpose of the Historic (H) overlay category is to identify existing and potential historic
districts for designation,protection,and preservation(See Goal 104 and supporting objectives and policies).
Maximum permitted densities and intensities shall be in accordance with the underlying land use categories.
[F.S. § 1633177(6)(a)3.f.] E
0
U
Policy 101.5.22 'a
The principal purpose of the Community Center (CC) overlay is to identify a defined geographic
development focal area according to each of the adopted Livable CommuniKeys Community Master Plans.
The intent of this overlay is to implement the action items identified in the Livable CommuniKeys
Community Master Plans, pursuant to Policy 101.19.2. W� hi� 4iva ;yar -� 1�8aa�pa�i� ail�8 ry :0
;Monroe County shall _u_!—u-_aj---*h-)p1 the Community Center overlays as identified �
by the Livable CommuniKeys Community Master Plans included in Policy 10119.2 on the duul�;_1 f r,amI
�uuuuu _➢ ur;�u pq;:a_ ufa<�, l��� a_I r� ulP. Maximum permitted densities and intensities shall be in
accordance with the underlying land use categories. U)
U)
Policy 101.5.23
The principal purpose of the Correctional Facility(CF)overlay category is to identify compatible areas for
the development of a facility for the detention,confinement,treatment or rehabilitation of persons arrested
or convicted for the violation of civil or criminal law. Such facilities include,but are not limited to, adult
detention centers,juvenile delinquency centers,jails,and prisons.These facilities house prisoners who are
in the custody of city/county/law enforcement and the facilities are typically government owned.Maximum
permitted densities and intensities shall be in accordance with the underlying land use categories.
Policy 101.5.24
Monroe County shall evaluate every Plan or future land use map amendment as it relates to urban sprawl, U
pursuant to the sprawl indicators identified in Chapter 163,Florida Statutes.The County shall assess all
amendments for the presence of these indicators within the context of features and characteristics unique
to each community.
Policy 101.5.25
Monroe County hereby adopts the following density and intensity standards for the future land use
categories, which are shown on the FLUM and described in Policies 101.51-101.5.20. [F.S. §
1633177(6)(a)1.]
a�
c�
Page 27 of 217
Packet Pg. 3420
uu "
and C2 zoning) 0 rooms/spaces N/A 0.15-0.50 0.20
rservation(C) 0 du N/A
zoning) 0 rooms/spaces N/A 0.05 0.90
�cation corresponding zoning) � � � ....
E 0 du N/A 0.30 Per underlying zon
directly0 rooms/spaces N/A
rid MI zoning) 0 rooms du 0.25 0.60
sp
0.20
aces N/A
irecticorre corresponding zoning)
d y( )(d) 0 du � � w
N/A
sp 15 rooms/spaces 24 rooms/spaces 0.30 Per underlying zon
.nland Native(MN) 0.01 du N/A
J zoning) 2 spaces(e) N/A 0.03 0.95-0.99
itary (M) 6 du 12 du
a zoning) 10 rooms/spaces 20 rooms/spaces 0.30-0.50 0.20
1 du 2 du(MI)
DR,MU,MI 0.10-0.45
3 du(SC) 6-18 du(SC)�`� (SC,UC,DR,MU)
:ed Use/Commercial 12 du(UC)
'-)MW 6 du(UC) 12-18 du(MU)(k)
UC,DR,RV,MU and MI zoning) Commercial Apartments 18 du(DR) <2,500 SF(RV) 0.20
5-15 rooms/spaces
10-25 rooms/spaces 0.30-0.60(MI)
1 du
:ed Use/Commercial Fishing(MCF)M (CFSD-20)0) 12 du(CFA,CFSD)
A,CFV,CFSD zoning) 3 du(CFA,all other
CFSD) N/A(CFV)
1 du/lot(CFV) 0.25-0.40 0.20
N/A
0 rooms/spaces
,ervation(P)(d) 0 du N/A
zoning) 0 rooms/spaces N/A 0 1.00
lic Buildings/Lands 0 du N/A
)(d) 0.30 Per underlying zon
directly corresponding zoning) 0 rooms/spaces N/A
lic Facilities
zoning) � � � ....
ilities F 0 du N/A 0.30 Per underlying zon
directly 0 rooms/spaces N/A
reation(R) 0 du N/A
zoning) 2 rooms/spaces N/A 0.20 0.50
idential Conservation(RC) 0-0.10 du(OS) N/A
and NA zoning) 0.25 du(NA) N/A 0-0.20 0.95
0 rooms/spaces
3 du(SR-L)
0.50 du 5 du(SR)
idential Low(RL) or 0.50 SR, SR-L;
SR,and SR-L zoning) 1 du/lot(SR)�m> 0.25 0 80(SS)
N/A(SS)
0 rooms/spaces
N/A
1 du/lot(IS,IS-V,IS-M), N/A
idential Medium(RM) or 1/pre-1986 parcel
IS-V,IS-M(ll)and IS-D zoning) 2 du/lot(IS-D)G)
0 rooms/spaces N/A 0 0.20
6 du(UR) 12-25 du(UR)(`)
idential High(RH) Idu/lot(URM,URM-L) N/A(IS-D,URM,
D 0),URM,URM-L and UR zoning) 2 du/lot(IS-D) URM-L)
0-10 rooms/spaces 0-20 rooms/spaces 0 0.20
es:
The allocated densities for submerged lands,salt ponds,freshwater ponds,and mangroves shall be 0 and the maximum net density bonuses shall not be
ilable.
sting as of September 15, 1986,whichever is less,and the maximum net density bonuses shall not be available.Residential density shall be allowed in
ition to the permitted nonresidential uses and intensity (i.e.,density and intensity shall not be counted cumulatively).
Within IS subdivisions with primarily single family residential units,IS-D zoning may be used with a RM future land use designation for platted lots whi
e a duplex that was lawfully established prior to September 15, 1986.
The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be 18 du/buildable acre for the MU and SC zoning district fc
elopment where all units are deed restricted affordable dwelling units.For the UR zoning district market rate housing may be developed as part of an
,rdable or employee housing project with a maximum net density not exceeding 18 du/buildable acre.
Vessels,including live-aboard vessels,or associated wet slips are not considered dwelling units and do not count when calculating density.
Within the Residential Low future land use category,the maximum net density for platted lots of less than 0.40 gross acres within the SR zoning districi
1 be 1 dwelling unit per platted lot,provided all of the following conditions are met:
1) The parcel must be one full platted lot shown on a plat approved by the County and duly recorded prior to January 2, 1996;
2) The platted lot may not be identified for any other use or purpose on the plat(e.g., "park," "common area," etc.);
3) The platted lot must have a Tier designation of Tier III;
4) Notwithstanding Policy 101.13.2,the maximum net density may only be reached with the transfer of one(1)full TDR to the SR lot,regardless of the
size of the lot and the allocated density assigned to it;
5) The TDR must meet all requirements and procedures specified in Policy 101.13.3 and Section 130-160 of the Land Development Code;
6) TDRs under this provision may not be transferred into noise zones of 65 DNL or greater; and
7) The subject parcel must comply with Policy 301.2.5 regarding legal access.
Within the Residential Medium future land use category,the allocated density within the IS zoning district shall be 1 dwelling unit per parcel for parcels
meet all of the following conditions:
1) The parcel boundaries must have been established in their current configuration prior to September 15, 1986,except for de minimis changes(no mor
than 10%of the parcel's area)to the parcel boundaries made after September 15, 1986,but prior to August 12, 1992,which did not create another build-,
parcel;
2) The applicant must provide sufficient evidence that the parcel boundaries were established before September 15, 1986(such as one or more of the
following:boundary survey,deed,etc.);
3) The parcel may not be identified for any other use or purpose on a plat(e.g. "park," "common area," etc.);
4) The subject parcel may not be a fractional portion of a platted lot;
5) The subject parcel must have a minimum of 2,000 sf of upland that is not reserved as an access easement or designated purpose other than residentia
use;
6) The parcel must have a Tier designation of Tier III;
7) The subject parcel must include all infrastructure(potable water,adequate wastewater treatment and disposal wastewater meeting adopted LOS,etc..
except paved roads); and
8) The subject parcel must comply with Policy 301.2.5 of the Comprehensive Plan regarding legal access.
Density increase above the max net density provided may be permitted for a property within a site-specific policy subarea under Goal 111.
1.No.032-2012; Ord.No.010-2013; Ord.No. 004-2017 , § 1,5-17-2017; Ord.No. 041-2019 , § 1, 10-16-2019; Ord.No. 002-2020, § 1, 1-22-2020)
D 030-2020)
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
Policy 101.5.26 U)
In order to continue to implement the Florida Keys Carrying Capacity Study, Monroe County shall promote the
reduction in overall County residential density 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 map
amendments which increase allowable residential allocated density.Private application(s)means those applications �E
from private entities with ownership of the upland development and parcel(s) of land or includes private upland
development on County-owned land. U)
Private applications requesting future land use map designation amendments received after the effective date of this CL
ordinance (Nov. 20, 2012), which propose increases in allocated residential density shall be required, upon
amendment approval,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 residential density,a private
applicant shall purchase and dedicate land to Monroe County for conservation that is a minimum of twice the g
size of the parcel subject to the proposed request and has a residential density development potential equal or
greater to the density increase being requested.The following requirements apply:
• The dedicated land shall be designated as Tier I, Tier II or Tier III-A Special Protection Area and be W
located on Big Pine Key/No Name Key or be within the same subarea of unincorporated Monroe County
as the proposed increase in residential density.Dedicated land may also be used by an applicant for ROGOCL
points. 0
• The dedicated land shall contain predominantly non-scarified native upland habitat and/or undisturbed °U)
wetland habitat.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. C,
• The Future Land Use Map Designation for the donated land may be designated by the County as E
Conservation(C)or Preservation(P). U
2. For each requested additional unit of residential density, a private applicant shall purchase and dedicate a lot
designated as Improved Subdivision(IS)district on the Land Use(Zoning)District map to Monroe County to
ensure the equivalent density requested is mitigated(excludes the dedication of lots for affordable housing).
The following requirements apply: U)
Private applicants shall provide IS lots pursuant to a 1:1 (1 unit: 1 lot)ratio to mitigate the request for increased
allowable residential density,pursuant to option(a)or(b)below:
(a) The dedicated IS lot(s)shall be designated as Tier I,Tier II or Tier III-A Special Protection Area and be MI
located on Big Pine Key/No Name Key or be within the same subarea of unincorporated Monroe County it'
as the proposed increase in residential density. U)
• The dedicated lot shall contain predominantly non-scarified native upland habitat and/or undisturbed U)
wetland habitat.The IS lot(s)shall be inspected by the Monroe County Biologist to assure it is acceptable 0
for acquisition and donation.
• A restrictive covenant shall be recorded to extinguish the development rights on the donated land.
• The dedicated IS lot(s)must still have 1 (one)unit of allocated density per lot(i.e.,may not have sent
density to another site via TDRs or have any other restriction on development rights via deed restriction
or similar mechanism).
• The Future Land Use Map Designation for the donated land may be designated by the County as
Conservation(C).
(b) The dedicated IS lot(s)shall be designated as Tier III,must have 1 unit of allocated density per lot and
must be within the same subarea of unincorporated Monroe County as the proposed increase in residential
density.
• The IS lot(s)shall be dedicated to Monroe County for the retirement of development rights;or
• The IS lot(s)may 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
residential density must be designated as Tier III and have existing public facilities and services and c
available central wastewater facilities. Under this policy, no net increase in residential density will be
permitted. X
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Page 30 of 217
Packet Pg. 3423
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
Requires the donation of 24 acres of non-scarified native
Example of 12 acres requesting a FLUM amendment to upland habitat and/or undisturbed wetland habitat,
Option 1 increase density designated as Tier I,Tier II or Tier III-A.
(12 acres x 2 =24 acres)
(a)Requires the donation of 20 IS lots of non-scarified
20 acres with a total allocated density allowing native upland habitat and/or undisturbed wetland habitat, U)
Example of designated as Tier I,Tier II or Tier III-A;or
the development of 20 units,requesting to
CL
Option 2 increase density to allow 40 units (b)Requires the donation of 20 IS lots designated as TierCL
III for affordable housing.
(Increase of 20 units 20IS lots)
(Ord.No.028-2012)
Policy 101.5.27
All development shall be subject to clearing limits defined by habitat and the location of the property in the Land M
Use Tier Overlay Maps and the wetland requirements in Policy 102.1.1. The clearing limits of upland native
vegetation for properties in the Ocean Reef planned development shall be limited to 40 percent. Except as defined
in Policy 101.11.2,clearing of upland native vegetative areas in the Tiers I,II,III and Tier III-A shall be limited to
the following percentages or maximum square footage:
Tier Permitted Clearing
a�
20% or 3,000 square feet, whichever is greater; but no greater than 7,500 square feet of upland native
vegetative area. C,
E
The clearing of parcels in Tier I shall be limited to 7,500 square feet per parcel. For parcels greater than U
I 30,000 square feet, with the exception of parcels on Big Pine Key and No Name Key, clearing for one
driveway of reasonable configuration up to 18 feet in width is permitted to provide reasonable access to the
property for each parcel and shall be exempt from the maximum clearing limit of 7,500 square feet.Clearing
for a driveway shall be recommended by a County biologist and approved by the Planning Director. The
proposed driveway design shall minimize fragmentation, avoid specimen trees, and take the shortest
reasonable route.In no case shall clearing,including the driveway,exceed 20 percent of the entire site.
II 40% or 3,000 square feet, whichever is greater; but no greater than 7,500 square feet of upland native
vegetative area(Big Pine Key and No Name Key).
U)
40%or 3,000 square feet,whichever is greater;however,the maximum amount of clearing shall be no more
than 7,500 square feet,of upland native vegetative area.
The clearing of parcels in Tier III shall be limited to 7,500 square feet per parcel. For parcels greater than
III 30,000 square feet, with the exception of parcels on Big Pine Key and No Name Key, clearing for one
driveway of reasonable configuration up to 18 feet in width is permitted to provide reasonable access to the
property for each parcel and shall be exempt from the maximum clearing limit of 7,500 square feet.Clearing
for a driveway shall be recommended by a County biologist and approved by the Planning Director. The
proposed driveway design shall minimize fragmentation, avoid specimen trees, and take the shortest
reasonable route.In no case shall clearing,including the driveway,exceed 40 percent of the entire site.
t3
40% or 3,000 square feet, whichever is greater; however, clearing shall not exceed 7,500 square feet of
upland native vegetation.
III-A Special The clearing of parcels in Tier III-A shall be limited to 7,500 square feet per parcel.For parcels greater than
Protection 30,000 square feet, with the exception of parcels on Big Pine Key and No Name Key, clearing for one 0
Area driveway of reasonable configuration up to 18 feet in width is permitted to provide reasonable access to the
property for each parcel and shall be exempt from the maximum clearing limit of 7,500 square feet.Clearing
for a driveway shall be recommended by a County biologist and approved by the Planning Director. The
proposed driveway design shall minimize fragmentation, avoid specimen trees, and take the shortest
reasonable route.In no case shall clearing,including the driveway,exceed 40 percent of the entire site.
E
U
Page 31 of 217
Packet Pg. 3424
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
U)
*Clearing for palm or cactus hammock is limited to only 10% and the maximum amount of clearing shall be no more than
3,000 square feet.
a�
..........Ord..No.026-2012
( )
a�
Policy 101.5.28
Notwithstanding the clearing limits established in the Livable CommuniKeys Master Plans adopted by reference M
into the 2010 Comprehensive Plan by Policy 101.20.2,the permitted clearing established by Policy 101.5.27 shall
control. (Ord.No. 026-2012) CL
d
Policy 101.5.29
Notwithstanding the density limitations set forth in Policy 101.5.25, land upon which a lawfully established
residential dwelling unit exists shall be entitled to a density of one dwelling unit per each recognized lawfully
established unit. Such lawfully-established dwelling unit(s) shall not be considered as nonconforming as to the
density provisions of Policy 101.5.25 and the Monroe County Land Development Code. Notwithstanding the
nonconforming use provisions of °a a_ua<,mh°�� p::y p ll _p_ 101.8.4 di�u� _p 01—,-8-,6,existing lawfully established >
residential uses, not including mobile homes, and not including transient uses, shall be entitled to repair and/or
replace such dwelling units with the same type of dwellingCL
l _______ _________ __ __
1!a i u�➢ur _uuu uuu _i➢u, _uua uua_a_uuua uuunuuu r_uase au a��ur,ua�uur;_a�u_�°a�➢ua_u�r,p,Q�p_ �, pQ�p `� � 101 X 4 uiud 1Q�p_` _� Cxjr uuu,�
➢1--uwfully established mobile homes shall be entitled to replace such dwelling units with a detached dwelling unit
a� 1 �1�➢1 o-..� u1�4 :1 �ruo-..� �1�r��1 � ¢! . (Ord.No. 037-2019 , § 1, 10-16-2019)
a�
Policy 101.5.30 2
In order to preserve the existing community character and natural environment,Monroe County shall limit the height E
of structures including landfills to 35 feet. Height is defined as the vertical distance between grade and the highest t0
part of any structure, including mechanical equipment,but excluding spires and/or steeples on structures used for
institutional and/or public uses only; chimneys;radio and/or television antennas; flagpoles; solar apparatus;utility
poles and/or transmission towers; and certain antenna supporting structures with attached antennas and/or
collocations. However, in no event shall any of the exclusions enumerated above be construed to permit any E
habitable or usable space to exceed the applicable height limitations, except as specifically permitted in Policies
101.5.31, 101.5.32 and 101.5.33. In the case of airport districts,there shall be no exceptions to the 35-foot height
limitation. (Ord.No. 016-2017, § 1,9-27-2017)
I
Policy 101.5.31
For Ocean Reef,a gated master planned community which is inaccessible to the surrounding community,and has a U)
distinct community character,buildings may include non-habitable architectural decorative features(such as finials,
railings,widow's walk,parapets)that exceed the 35-foot height limit in Policy 101.5.30,but such features shall not
exceed 5 feet above the building's roof-line. This exception shall not result in a building together with any
architectural decorative feature with a height that would exceed 40 feet. gal
vi
I
In addition, within the Ocean Reef gated master planned community, upon evidence submitted that the proposed
building height has been approved by the master association,Ocean Reef Community Association Inc.,pursuant to C14I
its Building Regulations and Restrictions, buildings containing multifamily residential, transient, and/or
nonresidential uses may be developed or redeveloped to a total maximum building height of 60 feet,provided the
buildings are limited to four(4)habitable floors. Such development on property owned by Ocean Reef Club, Inc. U
shall not be required to provide evidence it has been approved by the master association, based on its exemption a�
from master association review under the Ocean Reef gated master planned community's governing documents.
CU
As used in this policy,a master planned community means a planned community of 100 or more acres in area subject
to a master plan or other development order approved by the county where public access is restricted and the 0
community is operated and maintained by the community including the provision of comprehensive,private utilities 0
and transportation facilities and services within its boundaries and a homeowners association or similar entity which T°
regulates development standards and monitors development requests by its members. ( Ord.No. 016-2017 , § 1,9- �i
27-2017; Ord.No. 046-2019 , § 1, 12-11-2019)
a�
E
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Page 32 of 217
Packet Pg. 3425
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
Policy 101.5.32 U)
� luia; r a1 �� auua_ 1 --� f-p1=fix iy�ia::y,__Monroe County shall uunduutn�uuu _mia% Land Development
Regulations which provide a Flood Protection Height Exception to Policy 101.5.30 to promote public health,safety
and general welfare; allow adaptation to coastal flooding, storm surge and other hazards; protect property from
flooding and minimize damages; minimize public and private losses due to flooding;minimize future expenditures �E
of public funds for flood control projects and for recovery from flood events; and mitigate rising flood insurance
premiums.A Flood Protection Height Exception of up to a maximum of five(5)feet above the 35-foot height limit
shall be provided to allow lawfully existing buildings to be voluntarily elevated up to three (3) feet above FEMA
base flood elevation;and a flood protection height exception of a maximum of three(3)feet above the 35-foot height CL
limit shall be provided to allow new (new construction or substantially improved)buildings to voluntarily elevate
up to three (3) feet above FEMA base flood elevation. These exceptions are in order to promote flood protection,
minimize flood damage, reduce flood insurance premiums and minimize future expenditures of public funds for
recovery from flood events.In no case shall a Flood Protection Height Exception result in a new building exceeding g
a maximum height of 38 feet or a lawfully existing building exceeding a maximum height of 40 feet.(Ord.No.016-
2017, § 1,9-27-2017)
Policy 101 5.33 C
County shall uunduJ gaju�__adopl Land Development
Regulations which provide a Flood Protection Height Exception for lawfully established existing buildings which 0
exceed the 35-foot height limit, to promote public health, safety and general welfare; allow adaptation to coastal
flooding, storm surge and other hazards; protect property from flooding and minimize damages; minimize public
and private losses due to flooding; minimize future expenditures of public funds for flood control projects and for
recovery from flood events; and mitigate rising flood insurance premiums.A lawfully established existing building
may be repaired, improved, redeveloped and/or elevated to meet required FEMA base flood elevation (BFE) E
provided the building does not exceed a total maximum building height of 40 feet,and the building is limited to the U
existing lawfully established intensity,floor area,building envelope(floor to floor height),density and type of use.
For lawfully established existing buildings that are proposed to exceed a total height of 40 feet, a public hearing
before the Planning Commission and the Board of County Commissioners shall be required to review and specify
the maximum approved height prior to issuance of any county permit or development approval. The Planning U)
Commission shall provide a recommendation to the BOCC on the maximum height of a building.The BOCC shall
adopt a resolution specifying the maximum approved height. (Ord.No. 0 16-2017, § 1,9-27-2017)
I
Objective 101.6
Monroe County shall maintain and implement a Point System based primarily on the Tier system of land classification in U)
accordance with Goal 105,which directs future growth in order to: C9
1. maintain and enhance the character of the community [F.S. § 163.3177(6)(a)2.c.];
2. protect natural resources [F.S. § 163.3177(6)(a)3.f.]; I
3. encourage a compact pattern of development[F.S. § 163.3177(6)(a)2.h.];
4. encourage the development of affordable housing; �I
5. direct future growth to appropriate infill areas and away from inappropriate locations not suitable for
development such as environmentally sensitive areas,Coastal Barrier Resource System(CBRS)Units,and V- gal
zones; and
6. encourage development in areas served by central wastewater treatment systems.
U
Policy 101.6.1
Monroe County shall maintain land development regulations which provide for a Point System for new residential
(ROGO)and nonresidential(NROGO)development.Except for affordable housing,this Point System,as set forth
in Policy 101.6.4 for residential development and Policy 101.6.5 for nonresidential development,shall be used as a
basis for selecting the development applications which are to be issued permits through the Permit Allocation System c
pursuant to Policy 101.6.4 and Policy 101.6.5. For market rate housing units or nonresidential development to be
V_
awarded allocations under the Permit Allocation System the Point System shall specify positive point factors which >i
shall be considered as assets and shall specify negative point factors which shall be considered as liabilities in the W
evaluation of applications for new residential and nonresidential development.
Policy 101.6.2
Page 33 of 217
Packet Pg. 3426
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
In order to encourage a compact form of residential growth that results in infill development in platted,improved
subdivisions,the Point System shall be primarily based on the Tier system of land classification as set forth under
Goal 105. To discourage and limit further growth in Tier I designated areas, the annual maximum number of
residential permit allocations that may be awarded in Tier I shall be no more than three (3) each in the Upper and C
Lower ROGO subareas.Other criteria and corresponding points are allocated to encourage development to the most E
appropriate locations and discourage development from inappropriate locations.
ra
2A
In the Big Pine Key/No Name Key subarea the annual maximum number of residential permit allocations that may
be awarded in Tier I shall be no more than one(1)every 2 years.This provision is subject to the issuing of an updated
USFWS Incidental Take Permit(ITP)and amended Habitat Conservation Plan(HCP)/Livable CommuniKeys Plan
(LCP)to cover the properties within CBRS system units in the subarea; as well as an amended FEMA Biological
Opinion by USFWS to coverproperties outside the CBRS system units in the subarea.Until the ITP,HCP,Biological
Opinion,and LCP are amended,a property owner attempting to develop his property may be granted an allocation g
through the ROGO process that may be used once that property owner obtains all required permits and authorizations
required under the Endangered Species Act and other applicable federal and state laws. The allocation will remain
valid so long as the applicant diligently and in good faith continues to work with USFWS to conclude the
coordination and pick up a building permit.
Policy 101.6.3
In order to encourage a compact form of nonresidential growth,the Point System shall be primarily based on the U)
Tier system of land classification as set forth under Goal 105. To discourage and limit further growth in Tier I
designated areas,the Permit Allocation System shall limit and direct new nonresidential development primarily to
areas designated as Tier III under Goal 105, not areas designated as a Special Protection Area (Tier III-A) and
provide incentives for redevelopment of existing developed and vacant infill sites. Other criteria and corresponding E
points are available to encourage development to the most appropriate locations and discourage development from U
inappropriate locations. (See Policy 101.4.1.)
a�
Policy 101.6.4
ROGO: Monroe County shall implement the residential Permit Allocation and Point System through its land U)
development regulations based primarily on the Tier system of land classification as set forth under Goal 105. The
points are intended to be applied cumulatively.For all applications entering the Residential Permit Allocation system U)
after July 13,2016,the following points and criteria shall apply: MI
1. Tier Designation-Utilizing the Tier System for land classification,the following points shall be assigned to U)
allocation applications for proposed dwelling units in a manner that encourages development of infill in U)
predominately developed areas with existing infrastructure and few sensitive environmental features and 0
discourages development in areas with environmentally sensitive upland habitat which are targeted for
acquisition and the retirement of development rights for resource conservation and protection.
.....................................
Point Assi nment: Criteria Outside Big Pine Key and No Name Key):
I
( ) cri g g Y Y
I
+10 Proposes a dwelling unit within areas designated Tier I [Natural Area]
c�
I
20 Proposes development within areas designated Tier III-A[Special Protection Area].
P P g [ P ]
+30 Proposes development within areas designated Tier III [Infill Area].
U
..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Point
Criteria(Within Big Pine Key and No Name Key):
Assignment
+0 Proposes a dwelling unit within areas designated Tier I [Natural Area] on Big Pine Key and No Name
Key
+10 Proposes development within areas designated Tier II [Transition and Sprawl Reduction Area on Big
Pine Key or No Name Key].
_ Y Y]
+20 Proposes development within areas designated Tier III [Infill Area] on Big Pine Key or No Name Key.
c�
Page 34 of 217
Packet Pg. 3427
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
2. Big Pine and No Name Keys - The following negative points shall be cumulatively assigned to allocation
applications for proposed dwellings to implement the Big Pine Key and No Name Key Habitat Conservation
Plan(HCP)and the Livable CommuniKeys Community Master Plan. 'a
Note:Habitat Conservation Plan for Florida Key Deer(Odocoileus virginianus clavium)and other Protected
Species on Big Pine Key and No Name Key,Monroe County,Florida.Revised April 2005
...............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
d
Point Criteria(Within Big Pine Key and No Name Key):
Assignment
-10 Proposes development on No Name Key. CL
CL
Proposes development in designated Lower Keys marsh rabbit habitat or buffer areas as designated in
-10 the HCP.
-10 Proposes development in Key Deer Corridor as designated in the HCP.
3. Wetlands - The following points shall be assigned to allocation applications on Tier III parcels which have
sufficient upland to be buildable(min of 2,000 square feet of uplands)but also contain wetlands which require W
100%open space pursuant to Policies 102.1.1 and 204.2.1 and that are located adjacent or contiguous to Tier
I properties. CL
;Assignment Criteria:
a�
Tier III parcels adjacent or contiguous to Tier I properties and containing 50%or less of the following:
CL
1. submerged lands
2.mangroves(excluding tidally inundated mangrove shoreline fringes) c
U-3 3. salt ponds
4. fresh water wetlands
a�
5. fresh water ponds
6.undisturbed salt marsh and buttonwood wetlands E
U)
Tier III parcels adjacent or contiguous to Tier I properties and containing more than 50%of the following:
1.
lands
2 mangroves
(excluding tidally inundated mangrove shoreline
U)
g ( g y g fringes)
I
-5 3. salt ponds
4. fresh water wetlands U)
5. fresh water ponds
6.undisturbed salt marsh and buttonwood wetlands
Notes:
Adjacent means land sharing a boundary with another parcel of land.An intervening road,right-of-way,
or easement shall not destroy the adjacency of the two parcels,except for U.S. 1.
CN
Contiguous means a sharing of a common border at more than a single point of intersection. Contiguity is
not interrupted by utility easements.
Subsection(3)applies to new applications for Tier III parcels entering the permit allocation system after January 13,
2013.
cs
(Ord.No.030-2012)
4. Aggregation - The following points shall be assigned to allocation applications to encourage the voluntary
reduction of density, for the retirement of development rights through aggregation of parcels and for the c
purpose of retirement of development rights through aggregation of legally platted buildable lots.
Point
Criteria(Outside Big Pine Key and No Name Key):',
Assignment:
+3 per lot/parcel Each additional contiguous vacant,legally platted lot which is aggregated in a designated Tier I area
E
aggregated outside of Big Pine Key and No Name Key will earn additional points as specified.
Page 35 of 217
Packet Pg. 3428
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
Each additional contiguous vacant parcel with a minimum of 2,000 square feet of uplands which is
aggregated in a designated Tier I area outside of Big Pine Key and No Name Key that meets the
aforementioned requirements will earn additional points as specified.
Each additional contiguous vacant,legally platted lot which is aggregated in a designated Tier 111-A
(SPA)area outside of Big Pine Key and No Name Key will earn additional points as specified.
+4 per lot/parcel
aggregated Each additional contiguous vacant parcel with a minimum of 2,000 square feet of uplands which is CL
aggregated in a designated Tier 111-A(SPA)area outside of Big Pine Key and No Name Key that meets
the aforementioned requirements will earn additional points as specified.
Each additional contiguous vacant,legally platted lot which is aggregated in a designated Tier III area
outside of Big Pine Key and No Name Key will earn additional points as specified.
+6 per lot/parcel
aggregated Each additional contiguous vacant parcel with a minimum of 2,000 square feet of uplands which is
aggregated in a designated Tier III area outside of Big Pine Key and No Name Key that meets the
aforementioned requirements will earn additional points as specified.
CL
'Applies to new applications entering the permit allocation system after July 13,2016. a�
U)
z Any parcels aggregated shall require a restrictive covenant and shall be placed under a unity of title with the primary
a�
parcel. Clearing of upland native vegetation shall be limited to a maximum of 7,500 square feet(or as specified in Policy
101.5.27)for the primary and aggregated parcels combined,and the remainder of the parcels shall be placed under aCL
conservation easement disallowing any clearing of native habitat. E
U
3 Within one(1)year after the adoption of the 2030 Comprehensive Plan,the County shall revise land development
regulations to not allow the reversal of any lot aggregation used to assign extra points to a ROGO application,whether
executed by unity of title and/or restrictive covenant,and regardless of the status of the ROGO allocation award or
associated building permit.In the event the dwelling unit was not constructed and the ROGO allocation award has expired, U)
a subsequent ROGO allocation application on the same aggregated parcels will be assigned the same number of extra points
originally assigned for the lot aggregation.
U)
I
4 For aggregation points a parcel must contain a minimum of 2,000 square feet of uplands.Platted lots shall not be
subdivided or otherwise reconfigured in any manner that would allow the number of proposed lots to exceed the number of
lots that lawfully existed as of September 15, 1986 and that were approved on the Plat.
C9
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Point Assignment: Criteria(Within Big Pine Key and No Name Key):', ; a
I
Each additional contiguous vacant,legally platted lot which is aggregated in a designated Tier 11 or III
area on Big Pine Key and No Name Key will earn additional points as specified. gal
+3 per lot/parcel c^�
aggregated Each additional contiguous vacant parcel with a minimum of 2,000 square feet of uplands which is gal
aggregated in a designated Tier II or III area on Big Pine Key and No Name Key that meets the
aforementioned requirements will earn additional points as specified
U
Each additional contiguous vacant,legally platted lot which is aggregated in a designated Tier I area
on Big Pine Key and No Name Key will earn additional points as specified.
+4 per lot/parcel �
aggregated Each additional contiguous vacant parcel with a minimum of 2,000 square feet of uplands which is
aggregated in a designated Tier I area on Big Pine Key and No Name Key that meets the 0
aforementioned requirements will earn additional points as specified. c
0
i Applies to new applications entering the permit allocation system after July 13,2016. X
z Any parcels aggregated shall require a restrictive covenant and shall be placed under a unity of title with the primary
parcel. Clearing of upland native vegetation shall be limited to a maximum of 7,500 square feet(or as specified in Policy E
c�
Page 36 of 217
Packet Pg. 3429
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
101.5.27)for the primary and aggregated parcels combined,and the remainder of the parcels and shall be placed under a C
conservation easement disallowing any clearing of native habitat.
3 Within one(1)year after the adoption of the 2030 Comprehensive Plan,the County shall revise land development
regulations to disallow the reversal of any lot aggregation used to assign extra points to a ROGO application,whether
executed by unity of title and/or restrictive covenant,and regardless of the status of the ROGO allocation award or
associated building permit.In the event the dwelling unit was not constructed and the ROGO allocation award has expired, `A
a subsequent ROGO allocation application on the same aggregated parcels will be assigned the same number of extra points
CL
originally assigned for the lot aggregation. CL
4 For aggregation points a parcel must contain a minimum of 2,000 square feet of uplands.Platted lots shall not be
subdivided or otherwise reconfigured in any manner that would allow the number of proposed lots to exceed the number of C
lots that lawfully existed as of September 15, 1986 and that were approved on the Plat.
5. Land Dedication-The following points shall be assigned to allocation applications to encourage,the voluntary >
dedication of vacant,buildable land within Tier I designated areas,Tier 11(Big Pine Key and No Name Key),
Tier III-A Special Protection Areas (SPA), and parcels which contain undisturbed wetlands for the purposes
of conservation, resource protection, restoration or density reduction and, if located in Tier III outside of
Special Protection Areas (SPA), for the purpose of retirement of development rights or providing land for 2:
affordable housing where appropriate. Applicants can utilize lands dedicated pursuant to Policy 101.5.26;
however,submerged lands(inundated by water)shall not be eligible for land dedication.(Ord.No.029-2012)
a�
Point cL
Criteria(Outside g Big Pine and No Name Key):
E
�Assi nment:
+4 for each Proposes dedication to Monroe County of one(1)vacant,legally platted lot,designated as Tier III for
platted lot affordable housing,containing a minimum of 2,000 square feet of uplands.Each additional vacant,legally
platted lot that meets the aforementioned requirements will earn points as specified.
E
E
Proposes dedication to Monroe County of one(1)vacant,legally platted lot with a minimum of 2,000 U)
+5 for each square feet of uplands,designated as Tier III for the retirement of development rights.Each additional
platted lot vacant,legally platted lot that meets the aforementioned requirements will earn points asspecified.
U)
+4 for each Proposes dedication to Monroe County of one(1)vacant parcel with a minimum of 2,000 square feet of
parcel uplands,designated as Tier III for the retirement of development rights.Each additional vacant parcel that
meets the aforementioned requirements will earn points as specified. U)
......................................................................................................................................................
+1 for each Proposes dedication to Monroe County of a vacant,legally platted lot within a Tier I area,designated as
Residential Low containing a minimum of 2,000 square feet of uplands.Each additional vacant,legally
platted lot platted lot that meets the aforementioned requirements will earn points as specified.
Proposes dedication to Monroe County of one(1)vacant,legally platted lot within a Tier I area, vi
+0.5 for each designated as Residential Conservation containing a minimum of 2,000 square feet of uplands.Each
platted lot additional vacant,legally platted lot that meets the aforementioned requirements will earn points as �I
specified.
Proposes dedication to Monroe County of less than one(1)acre of vacant,unplatted land located within a
parcel 2 for each Tier I area containing a minimum of 2,000 square feet of uplands.Each additional parcel with vacant,
unplatted land that meets the aforementioned requirements will earn points as specified. c�
Proposes dedication to Monroe County of at least one(1)acre of vacant,unplatted land located within a
+4 for each Tier I area containing a minimum of 2,000 square feet of uplands.Each additional one(1)acre of vacant,
acre unplatted land that meets the aforementioned requirements will earn points as specified. 0
+2 for each Proposes dedication to Monroe County of one(1)vacant,legally platted lot which contains undisturbed17
platted lot Wetlands.Each additional vacant,legally platted lot that meets the aforementioned requirements will earn X
points as specified.
4i
+2.5 for each Proposes dedication to Monroe County of one(1)vacant,legally platted lot,designated as Tier 1,
platted lot containing a minimum of 2,000 square feet of uplands and not designated as Residential Conservation or
c�
Page 37 of 217
Packet Pg. 3430
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
._........... ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........
Residential Low.Each additional vacant,legally platted lot that meets the aforementioned requirements
will earn points as specified.
Proposes dedication to Monroe County of one(1)vacant,legally platted lot,designated as Tier III-A
+2 for each (Special Protection Area-SPA),containing a minimum of 2,000 square feet of uplands.Each additional
platted lot vacant,legally platted lot that meets the aforementioned requirements will earn points as specified.
+2 for each
Proposes dedication to Monroe County less than one(1)acre of vacant,unplatted land located within a `�
parcel Tier III-A area containing a minimum of 2,000 square feet of uplands.Each additional parcel with vacantCL
unplatted land that meets the aforementioned requirements will earn points as specified. CL
Proposes dedication to Monroe County of at least one(1)acre of vacant,unplatted land located within a
+3 for each Tier III-A area containing a minimum of 2,000 square feet of uplands.Each additional parcel with vacant,
parcel unplatted land that meets the aforementioned requirements will earn points as specified. 0
Additional Requirements
A statutory warranty deed that conveys the dedicated property to the county shall be approved by the
Planning Director and County Attorney and recorded in the office of the clerk of the county prior to the C
issuance of any building permit pursuant to an allocation award. Other documents related to the approval
CL
of the land dedication may include,but are not limited to,affidavit of no encumbrance(s),entity affidavit, 0
subject to the approval of the Planning Director and County Attorney and recorded in the office of the
U)
clerk of the county prior to the issuance of any building permit pursuant to an allocation award.
a�
2
CL
Poin t Criteria(Within Big Pine Key and No Name Key): U
;Assignment:
+2 for each Proposes dedication to Monroe County of one(1)vacant,legally platted lot,designated as Tier I on Big
platted lot Pine Key or No Name Key,containing a minimum of 2,000 square feet of uplands.Each additional vacant,
legally platted lot that meets the aforementioned requirements will earn points as specified.
Proposes dedication to Monroe County of at least one(1)acre of vacant,unplatted land located within a
+4 for each Tier I area on Big Pine Key or No Name Key,containing a minimum of 2,000 square feet of uplands.Each
acre additional one(1)acre of vacant,unplatted land that meets the aforementioned requirements will earn
points as specified.
U)
Proposes dedication to Monroe County less than one(1)acre of vacant,unplatted land located within a c
+2 for each Tier I area on Big Pine Key or No Name Key,containing a minimum of 2,000 square feet of uplands.Each
parcel additional parcel with vacant,unplatted land that meets the aforementioned requirements will earn points
as specified.
...........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Proposes dedication to Monroe County of one(1)vacant,legally platted lot,designated as Tier II on BigVi
+2 for each Pine Key or No Name Key,containing a minimum of 2,000 square feet of uplands.Each additional vacant, q
platted lot
legally platted lot that meets the aforementioned requirements will earn points as specified.
Proposes dedication to Monroe County of at least one(1)acre of vacant,unplatted land located within a
+3 for each Tier II area on Big Pine Key or No Name Key,containing a minimum of 2,000 square feet of uplands.
acre Each additional one(1)acre of vacant,unplatted land that meets the aforementioned requirements will earn
points as specified. cis
Proposes dedication to Monroe County less than one(1)acre of vacant,unplatted land located within a C
+2 for each Tier II area on Big Pine Key or No Name Key,containing a minimum of 2,000 square feet of uplands.
parcel Each additional parcel with vacant,unplatted land that meets the aforementioned requirements will earn
points as specified. c
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
0
+5 for each Proposes dedication to Monroe County of one(1)vacant,legally platted lot,designated as Tier III on Big
platted lot Pine Key or No Name Key,containing a minimum of 2,000 square feet of uplands.Each additional vacant
legally platted lot that meets the aforementioned requirements will earn points as specified.
E
c�
Page 38 of 217
Packet Pg. 3431
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
U)
Proposes dedication to Monroe County of one(1)vacant parcel,designated as Tier III on Big Pine Key or
+4 for each 0
parcel No Name Key,containing a minimum of 2,000 square feet of uplands.Each additional vacant parcel that
meets the aforementioned requirements will earn points as specified.
+2 for each Proposes dedication to Monroe County of one(1)vacant,legally platted lot on Big Pine Key or No Name
Key which contains undisturbed wetlands.Each additional vacant,legally platted lot that meets the
platted lot aforementioned requirements will earn points as specified.
Additional RequirementsCL
I
CL
A statutory warranty deed that conveys the dedicated property to the county shall be approved by the
Planning Director and County Attorney and recorded in the office of the clerk of the county prior to the
issuance of any building permit pursuant to an allocation award. Other documents related to the approval
of the land dedication may include,but are not limited to,affidavit of no encumbrance(s),entity affidavit, 0
subject to the approval of the Planning Director and County Attorney and recorded in the office of the clerk
of the county prior to the issuance of any building permit pursuant to an allocation award.
6. Market Rate Housing in Employee or Affordable Housing Development - The following points shall be C
assigned to allocation applications for market rate housing units in an employee or affordable housing CL
development:
Point
Criteria:
Assi nment
a�
g
a�
Proposes a market rate housing unit which is part of an affordable or employee housing project;bothCL
+6 affordable and employee housing shall meet the policy guidelines under Objective 601.1 and other E
requirements pursuant to the Land Development Code. U
7. Special Flood Hazard Areas -The following points shall be assigned to allocation applications for proposed _
dwelling unit(s)to provide a disincentive for locating within certain coastal high flood hazard areas: E
Point Assig nment: Criteria:
6 Proposes structures requiring an allocation within"V"zones on the FEMA flood insurance rate U)
I
maps.
i-4 An application for which development is proposed within a CBRS unit.
U)
➢➢__➢9.ata➢ua_uaua us J1u_a�u_u�uuieu_uuuu J1ao_i]ue 11➢�)(���_r;yr; el a�1u 01_uuleu_i]y effg_�Jv �j_u�e of uaga�➢_ui��➢_�_➢_1'e!�A_ll_Vood ➢iusuau_�_uua_�_11�_uie �
Ie➢u1ar;_,__ut�uu➢__all a�ajuau__u9.atallua__ua_ua�nsr; "a�uunl�a�uuu➢:ini ➢ e11�OQ��_r;�r��auun�➢u_un:_lluu�a_ut��� u_aa_auya�➢__uuu_t�➢a�a__u�ua�u�u u�_uu_��� a�uu_�➢ua_auuaa_�uV
: ui _a ➢__u_apa� ui �j F ➢_fv_➢ .Flood uuua_� 11�au �_fv➢_upar,,_r;_➢_u u11 lu_u��e �➢u�_11�QQQ agate➢ua__uaua�uu sg_"ol_es 1- �_vafia u��_�l_uuu�-uapa��ui�a➢_�_ur �j �
a uu_i➢uy_u_agau ug �j_� ➢ MA Va�a���_�nar;uau_uuua_�_11➢ai�_1'�MI sa
vi
➢uu,
__"___"---- ---- _ug�ga➢u,r,_�a�_➢ ➢_� Flood_----u ----- _]I(_u��_,e➢_utar_uu➢alai------ua➢�r�u,Ql-----i_---- ➢_fv_➢ -- ----➢_ ---- -----,-----�uaujy_ uuu��_�➢u➢
uaaauungauuuyuua➢.Floo��_➢uar;uau_uuua�_]I➢_u��_�_u�ar;_��u�;�u��_�_q�uuauu�_➢_ �I
8. Central Wastewater System Availability* -The following points shall be assigned to allocation applications
to direct development to areas with central sewer:
*NOTE: See "Available"as defined within the Glossary.
Point IU
;Assignment: Criteria:
+4* Proposes development required to be connected to a central wastewater treatment system that meets the
AWT treatment standards established b Florida Legislature and Policy 90111.
_ Y g Y
*These points shall not apply to parcels within a CBRS system unit. w
W
9. Payment to the Land Acquisition Fund-Up to two(2)whole points shall be awarded for a monetary payment
by the applicant to the County's land acquisition fund for the purchase of lands for conservation,and retirement a
c�
Page 39 of 217
Packet Pg. 3432
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
of development rights. The monetary value of each point shall be set annually by the County based upon the
estimated average fair market value of vacant,privately-owned,buildable IS/URM zoned,platted lots.
10. Energy and Water Conservation-The following points shall be assigned to allocation applications on lands
designated as Tier III to encourage the planting of native vegetation and promote water conservation and E
increased energy efficiency:
Point A
;Assignment: CL
Criteria:
C,
+3 Proposes a dwelling unit designed according to and certified to the standards of a sustainable building
rating or national model green building code.
+1 Dwelling unit includes installation of a permanent concrete cistern with a minimum capacity of 1,000
gallons.
Dwelling unit includes the installation of a gray water reuse system,meeting the requirements of the
+2 Florida Building Code. >
+1 Dwelling unit includes installation of a solar photovoltaic collection system,a minimum of 3KW in size
or the equivalent in other renewable energy systems.* CL
Dwelling unit includes installation of one or both of the following technologies:*
U)
+0.5 a.Ductless air conditioning system.
i
b.High efficiency chillers.
The systems must be maintained for a minimum of five years from C.O. unless replaced with a system that provides a CEL
functional equivalent or increased energy or water savings. 0
U
11. Perseverance Points a�
Point Assignment: Criteria:
e)
+1 per year for the first 4 For parcels designated Tier 1,11 or III-A,one(1)point shall be awarded for each year that the
;years allocation application remains in the allocation system up to four(4)years.
+0.5 per year after the first ➢'a:_xa_uu_u a, <,�a<� 1�u�a�__j'jig_� _��,01�_��_�, uu�a um � le;:--four(4)years,the application shall be
4 years awarded 0.5 points for each year the application remains in the system.
+2 per year for the first 4 For parcels designated Tier III,two(2)points shall be awarded for each year that the
;years allocation application remains in the allocation system up to four(4)years.
+1 per year after the first 4 ➢'a:_ a_uu_u a, <,�a<� 1�u�a�__�la a_f f l,_lkiel A-ile+four(4)years,the application shall be awarded one
years (1)point for each year the application remains in the system.
Applications entering the ROGO system after July 13,2016,shall receive perseverance points as listed above. v"'�
Applications in the ROGO system on the effective date of the ordinance which were receiving perseverance points beyond
the first four years in the system at an annual rate of+2 points for each year that the application remains in the ROGO
system,shall be eligible to continue to earn points at an annual rate of+2 points for each year that the application remains
in the ROGO system. U
All other applications competing in the ROGO system that have not received an allocation award in quarter 4,ROGO year
24,ending July 12,2016,shall receive perseverance points as listed above.
0
Policy 101.6.5
NROGO: Monroe County shall implement the nonresidential Permit Allocation and Point System through its land �
development regulations based primarily on the Tier system of land classification pursuant to Goal 105.The points
are intended to be applied cumulatively. For all applications entering the Nonresidential Permit Allocation system
after July 13,2016,the following points and criteria shall apply:
c�
Page 40 of 217
Packet Pg. 3433
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
1. Tier Designation-Utilizing the Tier System for land classification,the following points shall be assigned to
allocation applications for proposed nonresidential development in a manner that encourages development of
infill in predominately developed areas with existing infrastructure, commercial concentrations, and few 'a
sensitive environmental features,and discourages development in areas with environmentally sensitive upland C
habitat,which are targeted for acquisition and the retirement of development rights for resource conservation �E
and protection:
Point
Assignment: Criteria(Outside Big Pine Key and No Name Key):
CL
C,
0 Proposes new nonresidential development within an area designated Tier I [Natural Area].
+4
Proposes expansion of an existing,lawfully established nonresidential development regardless of Tier,
with no further clearing of any native upland vegetation.
+10 Proposes new nonresidential development that will result in the clearing of any upland native vegetation
within a Special Protection Area in Tier III-A.
+20 Proposes new nonresidential development within an area designated Tier III [Infill Area].
i CL
CL
Assignment: Criteria(Within Big Pine Key and No Name Key):
0 Proposes new nonresidential development within an area designated Tier I [Natural Area]
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, a�
+10 Proposes new nonresidential development within an area designated Tier II [Transition and Sprawl C,
Reduction Area on Big Pine Key and No Name Key].
0
U
+20 Proposes new nonresidential development within an area designated Tier III on Big Pine Key and No Name
Key.
Proposes expansion of an existing,lawfully established nonresidential development regardless of Tier,with
+4
no further clearing of any native upland vegetation,located within the U.S. 1 Corridor Area and the
commercial community center overlay in the Big Pine Key and No Name Key Livable CommuniKeys
Community Master Plan. U)
I
2. Wetlands - The following points shall be assigned to allocation applications on Tier III parcels which have
sufficient upland to be buildable(min of 2,000 square feet of uplands)but also contain wetlands which require U)
100%open space pursuant to Policies 102.1.1 and 204.2.2 and that are located adjacent or contiguous to Tier i2
I properties.
Point
Criteria: I
Assignment:
Tier III parcels adjacent or contiguous to Tier I properties and containing 50%or less of the following: gal
c14
1. submerged lands
2.mangroves(excluding tidally inundated mangrove shoreline fringes)
-3 3. salt ponds
4. fresh water wetlands
5. fresh water ponds
6.undisturbed salt marsh and buttonwood wetlands
Tier III parcels adjacent or contiguous to Tier I properties and containing more than 50%of the following:
1. submerged lands c
2.mangroves(excluding tidally inundated mangrove shoreline fringes)
17
-5 3. salt ponds
4. fresh water wetlands
5. fresh water ponds
6.undisturbed salt marsh and buttonwood wetlands
c�
Page 41 of 217
Packet Pg. 3434
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
U)
Notes
Adjacent means land sharing a boundary with another parcel of land.An intervening road,right-of-way, ,E
or easement shall not destroy the adjacency of the two parcels,except for U.S. 1.
Contiguous means a sharing of a common border at more than a single point of intersection. Contiguity is
not interrupted by utility easements.
6
Subsection(2)applies to new applications for Tier III parcels entering the permit allocation system after January 13,
M
2013.
CL
(Ord.No.030-2012)
3. Land Dedication-The following points shall be assigned to allocation applications to encourage the voluntary
dedication of vacant,buildable land within Tier I,Tier II(Big Pine Key and No Name Key)designated areas,
Tier III-A(Special Protection Areas-SPA), and parcels which contain undisturbed wetlands for the purposes
of conservation, resource protection, restoration or density reduction and, if located in Tier III outside of 2
Special Protection Areas(SPA),for the purpose of providing land for the retirement of development rights or >
affordable housing where appropriate. Applicants can utilize lands donated pursuant to Policy 101.5.26; C
however,submerged lands(inundated by water)shall not be eligible for land dedication.(Ord.No.029-2012) 2
Point
Assignment: Criteria(Outside Big Pine Key and No Name Key):
Proposes dedication to Monroe County of one(1)vacant,legally platted lot,designated as Tier III for
+4 for each affordable housing,containing a minimum of 2,000 square feet of uplands.Each additional vacant,legally
platted lotCL
platted lot which meets the aforementioned requirements will earn the additional points as specified.
0
+5 for each Proposes dedication to Monroe County of one(1)vacant,legally platted lot,designated as Tier III U
platted lot containing a minimum of 2,000 square feet of uplands.Each additional vacant,legally platted lot that
meets the aforementioned requirements will earn points as specified.
+4 for each
Proposes dedication to Monroe County of one vacant parcel with a minimum of 2,000 square feet of E
parcel
uplands,designated as Tier III for the retirement of development rights.Each additional vacant parcel that
meets the aforementioned requirements will earn points as specified.
Proposes dedication to Monroe County of a vacant legally platted lot within a Tier I area,designated as
+1 for each Residential Low and containing a minimum of 2,000 square feet of uplands.Each additional vacant,
platted lot legally platted lot,that meets the aforementioned requirements will earn points as specified. U)
Proposes dedication to Monroe County of one(1)vacant,legally platted lot within a Tier I area, c
C9
+0.5 for each designated as Residential Conservation,containing a minimum of 2,000 square feet of uplands.Each
platted lot additional vacant,legally platted lot that meets the aforementioned requirements will earn points as
specified.
Proposes dedication to Monroe County of one(1)vacant,legally platted lot,within a Tier I area and
+2.5 for each containing a minimum of 2,000 square feet of uplands and not designated as Residential Conservation or c1�
platted lot Residential Low.Each additional vacant,legally platted lot that meets the aforementioned requirements Q
will earn points as specified.
Proposes dedication to Monroe County less than one(1)acre of vacant,unplatted land located within a
t3
1+2 for
parcel each Tier I area containing a minimum of 2,000 square feet of uplands.Each additional parcel with vacant,
unplatted land that meets the aforementioned requirements will earn points as specified.
CU
Proposes dedication to Monroe County of at least one(1)acre of vacant,unplatted land located within a E
+4 for each Tier I area containing a minimum of 2,000 square feet of uplands.Each additional one(1)acres of vacant,
acre unplatted land that meets the aforementioned requirements will earn points as specified.
0
Proposes dedication to Monroe County of one(1)vacant,legally platted lot which contains undisturbed
1+2 for each X
platted lot Wetlands.Each additional vacant,legally platted lot that meets the aforementioned requirements will earn
points as specified.
E
c�
Page 42 of 217
Packet Pg. 3435
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
._..................... ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........
Proposes dedication to Monroe County of one(1)vacant,legally platted lot,designated as Tier III-A
+2 for each 0
platted lot (Special Protection Area-SPA)containing a minimum of 2,000 square feet of uplands.Each additional
vacant,legally platted lot that meets the aforementioned requirements will earn points as specified.
+2 for each Proposes dedication to Monroe County less than one(1)acre of vacant,unplatted land located within a
Tier III-A area containing a minimum of 2,000 square feet of uplands.Each additional parcel with vacant,
parcel unplatted land that meets the aforementioned requirements will earn points as specified.
+3 for each Proposes dedication to Monroe County of at least one(1)acre of vacant,unplatted land located within aCL
parcel Tier III-A area containing a minimum of 2,000 square feet of uplands.Each additional parcel with vacant, C unplatted land that meets the aforementioned requirements will earn points as specified.
Additional Requirements:
A statutory warranty deed that conveys the dedicated property to the county shall be approved by the
Planning Director and County Attorney and recorded in the office of the clerk of the county prior to the
issuance of any building permit pursuant to an allocation award. Other documents related to the approval
of the land dedication may include,but are not limited to,affidavit of no encumbrance(s),entity affidavit,
subject to the approval of the Planning Director and County Attorney and recorded in the office of the
clerk of the county prior to the issuance of any building permit pursuant to an allocation award. CL
a�
Point �
Criteria(Within Big Pine Key and No Name Key):
;Assignment:
CL
Proposes dedication to Monroe County of one(1)vacant,legally platted lot,designated as Tier I on Big
+2 for each E
platted lot Pine Key and No Name Key,containing a minimum of 2,000 square feet of uplands.Each additional
vacant,legally platted lot that meets the aforementioned requirements will earn points as specified.
Proposes dedication to Monroe County of at least one(1)acre of vacant,unplatted land located within a
+4 for each Tier I area on Big Pine Key or No Name Key,containing a minimum of 2,000 square feet of uplands.Each
acre additional one(1)acre of vacant,unplatted land that meets the aforementioned requirements will earn U+
points as specified.
Proposes dedication to Monroe County less than one(1)acre of vacant,unplatted land located within a
+2 for each Tier I area on Big Pine Key or No Name Key,containing a minimum of 2,000 square feet of uplands.Each
parcel additional parcel with vacant,unplatted land that meets the aforementioned requirements will earn points
as specified. U)
_
+2 for each
Proposes dedication to Monroe County of one(1)vacant,legally platted lot,designated as Tier II on Big
platted lot Pine Key and No Name Key,containing a minimum of 2,000 square feet of uplands.Each additional
vacant,legally platted lot that meets the aforementioned requirements will earn points as specified.
Proposes dedication to Monroe County of at least one(1)acre of vacant,unplatted land located within a Vi
+3 for each Tier II area on Big Pine Key or No Name Key,containing a minimum of 2,000 square feet of uplands. q
acre Each additional one(1)acre of vacant,unplatted land that meets the aforementioned requirements will earn �I
points as specified.
Proposes dedication to Monroe County less than one(1)acre of vacant,unplatted land located within a
+2 for each Tier II area on Big Pine Key or No Name Key,containing a minimum of 2,000 square feet of uplands.
parcel Each additional parcel with vacant,unplatted land that meets the aforementioned requirements will earn U
points as specified. CU
+5 for each Proposes dedication to Monroe County of one(1)vacant,legally platted lot,designated as Tier III on Big
Pine Key or No Name Key,containing a minimum of 2,000 square feet of uplands.Each additional vacant,
platted lot legally platted lot that meets the aforementioned requirements.
.............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
+4 for each Proposes dedication to Monroe County of one vacant parcel with a minimum of 2,000 square feet of
parcel uplands,designated as Tier III for the retirement of development rights.Each additional vacant parcel that
meets the aforementioned requirements will earn points as specified.
E
c�
Page 43 of 217
Packet Pg. 3436
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
..........
+2 for each Proposes dedication to Monroe County of one(1)vacant,legally platted lot on Big Pine Key or No Name
platted lot Key which contains undisturbed wetlands.Each additional vacant,legally platted lot that meets the
aforementioned requirements will earn points as specified.
a�
Additional Requirements:
A statutory warranty deed that conveys the dedicated property to the county shall be approved by the
Planning Director and County Attorney and recorded in the office of the clerk of the county prior to the A
issuance of any building permit pursuant to an allocation award. Other documents related to the approvalCL
of the land dedication may include,but are not limited to,affidavit of no encumbrance(s),entity affidavit, CL
subject to the approval of the Planning Director and County Attorney and recorded in the office of the clerk
of the county prior to the issuance of any building permit pursuant to an allocation award.
4. Special Flood Hazard Area - The following points shall be assigned to allocation applications to discourage
development within high risk special flood hazard zones:
Point Assignment: Criteria: �
Proposes a structure requiring an allocation within a"V" zone on the FEMA Flood Insurance
-6 uL
Rate Map.
0
-4 An application for which development is proposed within a CBRS unit.
e
➢➢__u➢.ala➢ua_ua_ua uu,r;iuu_Ou_u-uuiuu_uuuu uuuua�_i➢uu_]I➢Q-GQ-_r;yr;--_uun Ouu_a r after_ he- uu-_a-Jv d_uw_a�;u uaga�➢_ui��➢_�_➢_e��_ll_Vood ➢nur,uau_�_uua_�_11-_ui:-m �
Ie➢ular;_,__utuu➢__u➢➢ alajua u__i9.alallua__ua_ualuiLr; "Ouunlaauuuuu.uu _a➢ua_1I � � � _r;Y--memu ]u_un:_llu w!a_ui-o u_a a_Cjved__un alloa"_' jon uw_uu_d Ouu_-➢ue eff a_juva
�: uiu_a ➢_u;ulauu� _� ➢_fv➢ Vaal _-uMar;uau_uuua _](_u�_,_ uiar,_r➢uu➢➢_➢uu- i➢y _1_! ( _ulaga➢ua__u�_iauur,g_aur;u _ _u➢uMpui -j__uuu�j_u E
a uu_i➢u _u_apa� ui _�➢_ ➢_M Flood 11➢_ui�_l�uupar_,M
.I➢uu`�__`g�"_ia�uu_ ut9.a➢�,_ _�;a__➢ ➢_ ➢_Va�a���_,�nur,uau_uuaa_� _]I(_u��_,e➢_uta<_u�➢a�lai��j_r;ua➢�r�e u;aeuui_�a�_,ll ➢_f_v_➢_A,_F Flood �nsuau uuaa_�_r,ivad uuud� h
➢uaaauunpauuuyuuuu.��Vood_➢uar;uau_uuua�_]I➢_uu�_�_u�ar;_��u�, u��_ebuauuy_➢_
E
U)
5. Perseverance Points-
������������������������������������������������������������������������������������������������������������������������������������������������.......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Point Assignment: Criteria: U)
+1 per year for the first For parcels designated Tier I,II or III-A,one(1)point shall be awarded for each year that the
4 ears allocation application remains in the allocations stem u to four 4 ears.
Y PP Y P O Y
+0.5 per year after the ➢_a i.t?uu u_a➢<;;_���a_r;uu a u_uu:a a➢__➢_ua i [ _➢_-or��➢ � aft u_A-fl *-four(4)years,the application shall be c
first 4 years awarded 0.5 points for each year the application remains in the system.
+2 per year for the first For parcels designated Tier 111,two(2)points shall be awarded for each year that the allocation
4 years application remains in the allocation system up to four(4)years.
p'o
................. ............... .....................p y u a a - -u u u"u-� catton � iue����(4)years,the application shall be awarded one(1)first 4 years i y pp c u➢ua+l er ear er e u1nt for each year u ➢ua 1
t_
the application remains in the system.
c�
Applications entering the NROGO system after July 13,2016,shall receive perseverance points as listed above.
U
6. Highway Access -The following points shall be assigned to allocation applications to encourage connections
between commercial uses and reduction of the need for trips and access onto U.S.Highway 1:
................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Point
Criteria: E
Assignment:
+3 The development eliminates an existing driveway on or access-way to U.S.Highway 1. I c
+2 The development provides no new driveway or access-way on U.S.Highway 1 and provides a
connection between commercial uses.
E
c�
Page 44 of 217
Packet Pg. 3437
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
7. Landscaping, Energy and Water Conservation - The following points shall be assigned to allocation
applications on lands designated as Tier III to encourage the planting of native vegetation and promote water
conservation and increased energy efficiency:
Point
Criteria:
Assi nment
E
g
+1 The project provides a total of two hundred percent(200%)of the number of native landscape plants on its
required b the Land Development Code within landscaped buffe ards and parking areas.
property q Y P P n P g
Twenty-five percent(25%)of the native plants provided to achieve the point award above or provided to
+1 meet the landscaped bufferyard and parking area requirements of the Land Development Code are listed as
threatened or endangered plants native to the Florida Keys.
+1 Project landscaping is designed for water conservation including the,collection and direction of rainfall to
landscaped areas,or the application of re-used wastewater for watering landscape plants.
3
Proposes a commercial structure designed according to and certified to the standards of a sustainable
buildingrating or national model green building code.
w
g g g
1CL
Includes installation of a solar photovoltaic collection system,a minimum of 3KW in size or the equivalent
in other renewable energy systems.*
stems.
Includes installation of one or both of the following technologies:*
+0.5 a.Ductless air conditioning system.
b.High efficiency chillers.
.............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
+1 Includes installation of a permanent concrete cistern with a minimum capacity of 2,000 gallons. I E
...........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................1
+2 Includes the installation of a gray water reuse system,meeting the requirements of the Florida Building
Code.
*The systems must be maintained for a minimum of five years from C.O. unless replaced with a system that provides a
Junctional equivalent or increased energy or water savings.
8. Central Wastewater System Availability* -The following points shall be assigned to allocation applications U)
to direct development to areas with central sewer: MI
*NOTE: See "Available"as defined within the Glossary.
Point �+
;Assignment: Criteria:
+4* Proposes development required to be connected to a central wastewater treatment system that meets the
AWT treatment standards established by Florida Legislature and Policy 901.1.1.
e°a
*These points shall not apply to parcels within a CBRS system unit.
9. Employee Housing - The following points, up to a maximum of four (4), shall be assigned to allocation
applications,including new employee housing units:
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................_
Point Assignment: Criteria: U
+2 Proposes a new employee housing unit which is located on the same parcel with a nonresidential use.
c�
10. Payment to the Land Acquisition Fund - Up to two (2) whole points shall be awarded for a monetary
payment by the applicant to the County's land acquisition fund for the purchase of lands for conservation,and 0
retirement of development rights.The monetary value of each point shall be set annually by the County based c
upon the estimated average fair market value of vacant, privately-owned, buildable IS/URM zoned, platted
lots. x
w
4i
11. Community Centers - The following points shall be assigned to allocation applications to encourage,
nonresidential development within an area designated as a Community Center in an adopted Livable
CommuniKeys Plan.
Page 45 of 217
Packet Pg. 3438
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
Point Assignment Criteria
J
+5 Proposes nonresidential development within an area designated as a Community Center.
ai
Policy 101.6.6 E
The ROGO and NROGO Systems shall be monitored through the evaluation and appraisal review statutory process <
and shall be revised as necessary based on new studies and data in a manner that is consistent with and furthers the A
goals,policies,and objectives of this plan.
CL
C,
Policy 101.6.7
Monroe County shall allow for the development of residential developments with multiple units within the Permit
Allocation System. If a project ranks high enough in the Point System for a portion of the development to receive
an allocation award,but the project includes more units than are available during an allocation period,the entire g
project may receive allocation awards if the excess allocation is reduced from the next allocation period(s).
Policy 101.6.8 W
Monroe County shall maintain a Transfer of ROGO Exemption(TRE)program,that allows for the transfer off-site
of dwelling units,hotel rooms, campground/recreational vehicle spaces and/or mobile homes to another site in the CL
same ROGO subarea,provided that they are lawfully existing and can be accounted for in the County's hurricane
evacuation model.Dwelling units may be transferred as follows: U)
a. between sites in the Upper Keys ROGO subarea;
b. between sites in the Lower Keys ROGO subarea;
c. between sites in the Big Pine Key and No Name Key ROGO subarea;
i. units from the Big Pine Key and No Name Key ROGO subarea may also be transferred to the Lower E
Keys ROGO subarea. U
No sender units may be transferred to an area where there are inadequate facilities and services.
Sender Site Criteria: U)
l. Contains a documented lawfully-established sender unit recognized by the County;and
2. Located in a Tier 1,11,III-A,or III designated area;including any tier within the County's Military Installation U)
Area of Impact(MIAI)Overlay. MI
Receiver Site Criteria: U)
U)
1. The Future Land Use category and Land Use(Zoning)District must allow the requested use; c
2. Must meet the adopted density standards;
3. Includes all infrastructure (potable water, adequate wastewater treatment and disposal wastewater meeting
adopted LOS,paved roads,etc.);
4. Located within a Tier III designated area; and
5. Structures are not located in a velocity(V)zone or"(`il,<s1,id_ .ropes 11SIWAIor within a CBRS unit.
Policy 101.6.9
Nonresidential development on Big Pine Key and No Name Key will be allocated pursuant to the following
additional criteria: U
t3
Development must be: cis
1. Infill in existing commercial areas in Tier II and Tier III lands,mainly along the U. S. 1 corridor on Big Pine CU
Key.
2. All new nonresidential development will be limited to disturbed or scarified lands.
3. Allocation awards shall be allowed to exceed 2,500 square feet per site if located within the designated c
Community Center Overlay as designated by Action Item 4.1.5.
4. New allocations shall be awarded moderate positive points to applicants who fulfill the additional criterion set W
forth in Strategy 4.2 of the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key. ..
Development that is exempt from NROGO will not be subject to criteria 1 through 4 above.
Objective 101.7
Page 46 of 217
Packet Pg. 3439
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
Monroe County shall establish policies to provide for the purchase of land from property owners who have not been
awarded building permit allocations in the Permit Allocation System.
Policy 101.7.1
Monroe County,the state,or other acquisition agency shall,upon a property owner's request,offer to purchase the E
property for fair market value or permit the minimum reasonable economic use of the property,if the property owner
meets the following conditions:
1. they have been denied an allocation award for four successive years in the Residential (ROGO) or
Nonresidential(NROGO)Permit Allocation System; CL
2. their proposed development otherwise meets all applicable county,state,and federal regulations;
3. their allocation application has not been withdrawn;
4. they have complied with all the requirements of the Residential or Nonresidential Permit Allocation System;
and
5. they follow the procedures for administrative relief contained in the land development
As used in this Policy,"minimum reasonable economic use"shall mean,as applied to any residentially zoned parcel W
of record which was buildable immediately prior to the effective date of the Plan, no less than a single-family �
residence. .2
0)
A purchase offer is the preferred option for administrative relief, if the subject permit is for development located .
within: 9=
0)
1. a designated Tier I area or within the Florida Forever(or its successor)targeted acquisition areas (unless,
after 60 days from the receipt of a complete application for administrative relief,it has been determined no C,
county,state or federal agency or any private entity is willing to offer to purchase the parcel); E
2. a designated Tier II or III-A(Special Protection Area);or, U
3. a designated Tier III area on a non-waterfront lot for affordable housing.
a�
Refusal of the purchase offer by a property owner shall not be grounds for the granting of a ROGO or NROGO
allocation award. U)
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uunu�:ur;iu_ui�_a�u,�➢u�__�3a�iu��_a�u_(a�uau_u� i.ayuunuunur,r_,ua�uu�ur;m �I
p. ]_➢ue_ ij_sLY_ffl uuu_ul;aV_er,e_a_atuu�j u_unu_u 10_0]u_0 0i➢u a au u� ui _taua a u_uy_u u�➢uir _a ➢uul_rn O a_uuar�__Of
Nu_V➢�➢A V�V_N�_. �& ➢_V"±&_V:� _V_filN,UI ]I4pd k,➢Vh&➢LI ➢ -der_O disirnjs 4 � ➢","+Vp����Y__�A_��4p➢_���u_�➢Vn�➢&V,&,➢p� ]I4p➢V",4d'�➢u V➢�➢0.All"A. U)
Moro o �4uq_qu 1 s fiw(S�_a��C Ana �d �a Illl�n_Syu�_augq�nu of aIu doy irll oh, ��_�1�u �na���nu D�S� D� V N➢pQ�Jssip&s O flu V_Ou,g �
1_________ _, __ �___.1__ _y________
uauuij a➢ua_i➢u _ulata➢ua__u�ua uu uouM_uui:juunuuuur,iuMuu�u�a_re lain; 0
. _a_a uu_u_u a u__a_a uun a i uu�:.lLuau_ur, _a_-ua�u_u_➢u➢<-➢y_yva-_-➢----- i------uu--➢--i_i➢-- a uu➢uaue,a�u �➢u�__ gala➢ua__uuai,ia�_Qlua_➢uuy_ua�u__uuu �
u➢➢aka__u�;uauu_rwy Jura lids 1_ a�i_a_uuaMa� _u�_i➢<uuu _0 �➢u�__pau��la�uuy_��➢u��➢u�u_sijagJu N,ibflL,_I� Hied uuun�_a-u__upaga➢ua__uiva-uu,
uauuij�a�➢uu<,m9.aa�_➢_ua y,_u<,_➢i➢«➢y_ia�q��_�r��__uq�➢u<,➢u��j q�y a a_a�uuu u a�u_a a�uynpa���_uap lLuau ��_a_iva�uu<,➢ua�ua➢��
a uu__ulafa➢ua__u ➢a_r�u�I--ally _ua:uu➢-----y,_u-----__ur------------_--- ----- _a➢ua__u�ataf�a ----ui_------ ----ja ----- --------➢---Zaa�➢ua_yp_;,
:�, ➢ua_9.ata aau_umy_la�uuuur,_lgau_ua_eta_a ➢a,_aq tuua uunuu_l➢➢y_q auiauua u_u➢ u.nr;a_i esr� jw J_ s fii➢uuua_ill,_gju ,.➢ffy-ualu__uu_u__l➢➢a a__ui alll c�
e°a
4. T_➢ua,_i.l 11evj�a ➢y_L , ive uOffeuuu n ,l ➢ au]N,Ie__ _ �_ _ _ _ _u _ _ _
➢ua_Bat,allaau_umy_ua;u�r u_uuluunuu➢<a_a.,wdii _HU'lly_ur i t�3
q. _➢u,_utu➢uau _ayu,➢u__ulapa➢ua_uuu�_�a _Qlua_u➢u_umy_uau_uuu_u➢➢aka_uivauu_uy_uua_uuuq� _uiiuuua�<� �a_➢ yr,au_uaa➢_uiva_uar;i➢u_u�_uu ,m
luunga9, d_ayu_u_unuuu-�_ui--- gyy_uuu_u��_uua�_a�ui➢u�_u����_u_u➢_�:a���u_uuuun�pMu�_ cry
Policy 101.7.2
Monroe County recommends that the Monroe County Land Authority dedicate a minimum of 35 percent of its
annual budget each year for the purpose of acquiring land from qualified property owners as defined by Policy c
101.7.1. Funds accumulated from this source shall be reserved for the acquisition of land from qualified property
owners,but may also be used to acquire other properties when deemed appropriate by the Land Authority. W
Policy 101.7.3
Monroe County shall preclude the granting of administrative relief in the form of the issuance of a building permit
for lands within the Florida Forever targeted acquisition or Tier I lands areas unless, after 60 days from the receipt
Page 47 of 217
Packet Pg. 3440
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
of a complete application for administrative relief, it has been determined the parcel cannot be purchased for
conservation purposes by any county,state or federal agency or any private entity.The County shall routinely notify 0
Department of Environmental Protection of upcoming administrative relief request at least six(6)months prior to
the deadline for administrative relief. 0
0
Objective 101.8
Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the applicable provisions of M
the land development regulations,zoning districts,Future Land Use categories and the Future Land Use Map.In Monroe
County,some nonconforming uses are an important part of the community character and the County desires to maintain
such character and protect these lawfully established, nonconforming uses and allow them to be repaired or replaced.
[F.S. § 163.3177 (6)a.2.e.]
Policy 101.8.1
Monroe County shall prohibit the expansion of nonconforming uses.
Policy 101.8.2 W
Monroe County shall prohibit a nonconforming use to be changed to any other use unless the new use conforms to
all applicable provisions of the Future Land Use category and zoning district in which it is located,e a a gau dur�;,.lau a�uu.a�,
f�u__u�,x,ur;�uuu�:➢ � uua➢➢�_�r;i_uq�➢ur;➢u���u_�r;u���_uu�_ua➢,a;ar;�r_�_ui➢uula_�alk'. _101 `?9. >
U)
Policy 101.8.3
Monroe County shall prohibit the relocation of a structure in which a non-conforming use is located unless the use C,
thereafter conforms to the provisions of the Future Land Use category and zoning district in which it is located, E
ur,iiuu ➢_u uuu➢➢ _ _r;�uq�➢ur,➢u ,u�r,u��_uapu a➢_uar r ui➢- - ➢°-lk"y__pQ�I_ ��,. U
Policy 101.8.4
With the exception of nonconforming uses located in the Mixed Use/Commercial Fishing Future Land Use category
or within a Community Center Overlay, if a structure in which a nonconforming use is located is damaged or U)
destroyed so as to require substantial improvement, then the structure shall be repaired or restored only for uses
which conform to the provisions of the Future Land Use category and zoning district in which it is located,_ aM-u,ga�m
�u- e-j_;fo eXJsk_uug ➢uW_u_uua➢➢ _ _r;�uq�➢ur,➢u ,u r,u��_ua�u u➢ uases WjHfilu 1-'10 uay_p_Q�p_`?_��.Improvementstohistoric sites, �I
and improvements to meet health,sanitary or safety code specifications are not considered substantial improvements. '
U)
Policy 101.8.5 0
Lawful nonconforming uses existing as of September 15, 1986, and located within the Mixed Use/Commercial 0
Fishing category or within a Community Center Overlay,as indicated on the Future Land Use Map,may be rebuilt
if damaged or destroyed,provided that they are rebuilt to the preexisting use,building footprint and configurationI
without increase in density or intensity of use.
I
Policy 101.8.6 C14
Monroe County shall prohibit the re-establishment of nonconforming uses which have been discontinued or
abandoned.
Policy 101.8.7
Monroe County shall maintain Land Development Regulations which allow nonconforming nonresidential and
transient uses in the RC,RL,RM and RH future land use categories that lawfully existed on such lands on January
4, 1996, to develop, redevelop, reestablish and/or substantially improve provided that the use is limited in E
density/intensity,floor area,and to the type of use that existed on January 4, 1996.
O
0
Policy 101.8.8
Any nonconforming use may be subject to compulsory termination when it is found detrimental to the conservation X
of the value of surrounding land and improvements,or to future development of surrounding lands,and therefore is
tending to deteriorate or blight the neighborhood.In ordering the compulsory termination of a nonconforming use,
the BOCC will establish a definite and reasonable amortization period during which the nonconforming use may E
continue while the investment value decrement resulting from termination is amortized.Determination of the amount
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to be amortized shall be based on the value and condition of the land and improvements for the nonconforming use
less their value and condition for a conforming use, and such other reasonable costs as the termination may cause.
The rate of amortization shall be in accordance with reasonable economic practice.
Policy 101.8.9
Accessory uses or structures associated with a lawful nonconforming principal use may be permitted if in compliance
with the LDC.
A
Objective 101.9 CL
Monroe County shall eliminate or reduce the frequency of structures which are inconsistent with the applicable provisions
of the land development regulations, zoning districts, Future Land Use categories and the Future Land Use Map. In
Monroe County,some nonconforming structures are an important part of the community character and the County desires
to maintain such character and protect these lawfully established,nonconforming structures and allow them to be repaired g
orreplaced. [F.S. § 163.3177(6)(a)2.e.]
Policy 101.9.1 W
Substantial improvement is defined as any repair,reconstruction or improvement of a structure,the cost of which
equals or exceeds fifty percent of the pre-destruction market value of the structure. Improvements to historic
structures, and improvements to meet health, sanitary or safety code specifications are not considered substantial 0
improvements. °U)
Policy 101.9.2
Enlargements and extensions to lawful nonconforming structures outside of the Mixed Use Commercial Fishing
District or a Community Center Overlay shall be allowed,provided that: E
1. the improvement does not constitute a substantial improvement; U
2. a nonconforming use is not located in the nonconforming structure; and
3. the nonconformity is not further violated.
Policy 101.9.3 U)
A nonconforming structure,other than a locally or nationally registered historic structure,shall not be moved unless
it thereafter shall conform to the applicable provisions of the Monroe County Code. U)
I
Policy 101.9.4
With the following exception,nonconforming structures which are damaged or destroyed so as to require substantial U)
improvement shall be repaired or restored in conformance with all applicable provisions of the current Monroe 0
County Code. Substantial improvement or reconstruction of nonconforming single-family �.tyva;±ttij&_u1fi
shall comply with the setback and open space provisions set forth in Policy 101.5.25 and in Chapters 130 and 131
of the Monroe County Land Development Code except where strict compliance would result in a reduction in lotI
coverage as compared to the pre-destruction footprint of the dwefluuu;_u ifi� 1*)i+w,. In such cases, the previously
approved open space ratio shall be applied;and the maximum shoreline setback shall be maintained and in no event RI
shall the shoreline setback be less than ten(10)feet from mean high water.
(Ord.No.039-2019 , § 1, 10-16-2019) gal
Policy 101.9.5
Existing manufactured homes which are damaged or destroyed so as to require substantial improvement shall be
required to meet the most recent HUD standards,and the floodplain management standards set forth by FEMA.
Policy 101.9.6
If a nonconforming structure is abandoned, then such structure shall be removed or converted to a conforming
structure.
0
Policy 101.9.7 X
Any nonconforming structure may be subject to compulsory termination when it is found detrimental to the
conservation of the value of surrounding land and improvements, or to future development of surrounding lands,
and therefore is tending to deteriorate or blight the neighborhood. In ordering the compulsory termination of a E
nonconforming structure,the BOCC will establish a definite and reasonable amortization period during which the
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nonconforming structure may continue while the investment value decrement resulting from termination is
amortized. Determination of the amount to be amortized shall be based on the value and condition of the land and
improvements for the nonconforming structure less their value and condition for a conforming structure, and such
other reasonable costs as the termination may cause.The rate of amortization shall be in accordance with reasonable
economic practice. E
Objective 101.10
Monroe County shall provide for drainage and stormwater management so as to protect real and personal property and to
protect and improve water quality. [F.S. § 163.3177(6)(c)] CL
d
Policy 101.10.1
Monroe County shall maintain the level of service standards for stormwater management established in Drainage
Policy 1001.1.1.These level of service standards ensure that at the time a certificate of occupancy is issued,adequate g
stormwater management facilities are available to support the new development concurrent with the impacts of such
development. Existing development, except single family residential built prior to November 16, 1992 shall,to the
greatest extent possible,meet the County's best management practices for stormwater management. (See Drainage `j
Objective 1001.1 and related policies.)
CL
Policy 101.10.2 0
Monroe County shall maintain a five-year schedule of capital improvement needs for drainage facilities as part of °U)
the Capital Improvement Program. This schedule shall be updated annually. (See Drainage Objective 1001.2 and
related policies.)
CL
Policy 101.10.3 E
Monroe County shall maintain stormwater management regulations,which shall require that all improvements for U
replacement, expansion or increase in capacity of drainage facilities conform with the adopted level of service
standards pursuant to Policy 1001.1.1.The County shall use the adopted Stormwater Management Master Plan,and
subsequent updates,ai�d stormwater managementatomprotecfit personal� M�propgerty�and top protect�and�impr�ove water quality.i���iMpQTy�Mas a guide for
1 t
Objective 101.11
Monroe County shall work cooperatively with Miami-Dade County and other appropriate agencies to encourage land use MI
planning and development controls which shall protect the recharge area of the Florida City Wellfield from potential
sources of groundwater contamination,saltwater intrusion,and over-extraction. U)
U)
Policy 101.11.1
Protection of the Florida City Wellfield shall be accomplished through continued implementation of the Miami-
Dade County Wellfield Protection Ordinance and the water supply policies of the SFWMD. �
Policy 101.11 2 'I
➢°ia ,_Monroe County shall review, update as
necessary, and maintain the interlocal agreement with Miami-Dade County and other appropriate agencies. This R
agreement shall provide Monroe County with an opportunity to comment on land use and regulatory issues related
to the Florida City Wellfield, aquifer and aquifer recharge area.It shall set forth procedures for review of land use
and regulatory activities identified as having potentially significant impacts on the aquifer recharge and water supply
systems. Criteria for determination of significant impacts shall be included in the interlocal agreement.
Objective 101.12
Monroe County shall ensure that sufficient acreage is available for utilities and public facilities, required to support
proposed development and redevelopment. [F.S. § 163.3177(6)(a)] c
0
Policy 101.12.1 X
Monroe County,during the preparation of the Concurrency Management Report for water, sewer, roads,parks and
recreation and solid waste, shall coordinate with the utility providers serving unincorporated Monroe County to C
determine the acreage and location of land needed to accommodate projected service expansions.
c�
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Policy 101.12.2 U)
Monroe County shall require that the following analyses be undertaken prior to finalizing plans for the siting of any
new County public facility,excluding electricity over which the Public Services Commission of the State of Florida
exercises jurisdiction,or the significant expansion(greater than 25 percent)of an existing public facility,excluding
electricity over which the Public Services Commission of the State of Florida exercises jurisdiction: E
1. assessment of needs;
2. evaluation of alternative sites,,pHua__IgI. 1flia➢_�!uu➢ en,ilbujt�y_a u_a, ,1"22L!!1 a�u_u_ar a auua_a__o H➢ e a➢�,en i�iv r�u�a, and M
design alternatives for the alternative sites; and,
3. assessment of direct and secondary impacts on surrounding land uses and natural resources. CL
The assessment of impacts on surrounding land uses and natural resources will evaluate the extent to which the
proposed public facility involves public expenditures in the coastal high hazard area and within environmentally
sensitive areas,including disturbed salt marsh and buttonwood wetlands,undisturbed beach berm areas,units of the g
Coastal Barrier Resources System,undisturbed uplands(particularly high quality hammock and pinelands),habitats
of species considered to be threatened or endangered by the state and/or federal governments,offshore islands,and
designated Tier I areas. w
Except for passive recreational facilities on publicly-owned owned land, no new public facilities other than water L
P P P Y-
distribution and sewer collection lines,pump/vacuum/lift stations,cluster systems,or small package plants/treatment 0
facilities shall be allowed within Tier I designated areas or Tier III Special Protection Area unless it can be °U)
accomplished without clearing of hammock or pinelands.Exceptions to this requirement may be made to protect the
public health,safety,and welfare,if all the following criteria are met:
a�
1. No reasonable alternatives exist to the proposed location; and C,
2. The proposed location is approved by a supermajority of the Board of County Commissioners. E
U
The site of the Key Largo Wastewater Treatment Facility (located at mile marker 100.5)with an allowed clearing .,
of up to 4.2 acres shall not be subject to this policy.
Policy 101.12.3 U)
Monroe County shall coordinate the siting of new public facilities with the appropriate local, state and federal
agencies to resolve potential regulatory conflicts and ensure compliance with all applicable state and federal
regulations.
Objective 101.13 U)
Monroe County shall maintain land development regulations which implement a Transferable Development Rights(TDR) U)
program. i9
Policy 101.13.1 �
Monroe County shall monitor the existing TDR program and maintain land development regulations which address R
identified deficiencies in the program and evaluate the following: �I
1. criteria for designation of sender and receiver sites pursuant to Policy 101.13.3;
2. mechanisms to enhance the value and marketability of TDRs such as assigning density bonuses to receiver
sites; Ir"
3. the status of sites which have transferred development rights, including the possible requirements that sender
sites be dedicated as public or private open space through conservation easement or other mechanism. The
LDRs shall continue to require that a restrictive covenant be recorded on the sender site deed at the time of the
building permit issuance for the receiver site; and
4. management and accounting system to track TDRs.
0
Policy 101.13.2 X
The Maximum Net Density is the maximum density allowable with the use of TDRs, and shall not exceed the
maximum densities established in this Plan.TDRs may be utilized to attain the density between the allocated density a
standard up to the maximum net density standard.Deed restricted affordable dwelling units may be developed up to
c�
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the maximum net density without the use of TDRs. The assignment of TDRs to Big Pine Key,No Name Key, and
North Key Largo from other areas of the County shall be prohibited.
Policy 101.13.3
Transfer of Development Rights program sender and receiver sites are subject to the following transfer conditions: E
Sender Site Criteria:
1. Property has development rights to transfer,and
2. Located in a Tier I,II,III-A,or III designated area;including any tier within the County's Military Installation CL
Area of Impact(MIAI)Overlay.
Receiver Site Criteria: �
1. The Future Land Use category and Land Use(Zoning)District must allow the requested use; g
• Liveable CommuniKeys Community Centers shall be encouraged as receiving areas for transfer of
development rights.
2. Must have an adopted maximum net density standards;
3. Includes all infrastructure (potable water, adequate wastewater treatment and disposal wastewater meeting
adopted LOS,paved roads,etc.)
4. Located within a Tier III designated area; and
5. Is not located within a designated CBRS unit.
Objective 101.14
Monroe County shall maintain land development regulations which direct future growth away from areas within the C,
Coastal High Hazard Area(CHHA). E
U
Policy 101.14.1 .,
Monroe County shall discourage developments proposed within the CHHA.
Policy 101.14.2 U)
Monroe County shall prohibit the placement of mobile homes within the CHHA except on an approved lot within
an existing mobile home park or URM Subdivision.
I
Objective 101.15
Monroe County shall enforce and maintain the existing sign regulations in order to maintain and improve the visual U)
character of the County and protect adjacent land uses. U)
C9
Policy 101.15.1
Monroe County shall continue to eliminate illegal signage. Monroe County shall continue to eliminateI
nonconforming signs if damaged more than fifty percent of the pre-destruction market value of the sign.
rfi
I
Objective 101.16
Monroe County shall maintain guidelines and criteria consistent with nationally recognized standards and tailored to local
conditions which provide for safe and convenient on-site traffic flow, adequate pedestrian ways and sidewalks, and
sufficient on-site parking for both motorized and non-motorized vehicles.
U
Policy 101.16.1
Monroe County shall maintain land development regulations which provide for safe and convenient on-site traffic
flow,adequate pedestrian ways and sidewalks,and sufficient on-site parking for both motorized and non-motorized S
vehicles.
0
X
Objective 101.17
Monroe County shall protect established rights of landowners affected by the provisions of this Plan or the land C
development regulations;and,therefore adopts the following policies for the determination of vested rights and beneficial
use.
c�
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U)
Policy 101.17.1
VESTED RIGHTS
1. Nothing in the Plan or the land development regulations shall be construed to affect unexpired vested rights
established by a prior vested rights determination of the County or by a court of competent jurisdiction. �E
2. The land development regulations shall set forth standards and procedures for making administrative
determinations of vested rights,in accordance with applicable state and federal law. U)
3. It shall be the duty and responsibility of a person alleging the existence of vested rights to demonstrate
affirmatively the legal requisites of vested rights,in accordance with the standards and procedures in the land CL
development regulations.
4. Property owners shall have one (1)year from the effective date of the Comprehensive Plan or from a land
development regulation,or an amendment thereto,to apply for a determination of vested rights.
5. For purposes of this policy,a vested right is defined as a development right acquired by a property owner where g
the owner(1)has relied in good faith(2)upon some representation,act or omission of Monroe County and(3)
has detrimentally changed his position based on the reliance to the extent that it would be highly inequitable
and unjust to destroy the right he acquired.In determining or otherwise considering vested rights,the County `j
may consider all common law limitations and exceptions to the doctrine of vested rights.
CL
Policy 101.17.2 0
A vested rights determination shall not preclude the County from subjecting the proposed development to County °U)
land development regulations in effect on the date of the vested rights determination or adopted subsequent to the
vested rights determination unless the development is shown to be vested with regard to the subject matter addressed
by a prior development order and the specific requirements pursuant to the procedures and criteria of 101.17.1. C,
Policy 101.17.3 U
A vested rights determination shall specify an expiration date by which all building permits necessary for
development shall have been issued. The expiration date shall be reasonable and in no event later than the date
specified in the original development order.
U)
Policy 101.17.4
BENEFICIAL USE
1. It is the policy of Monroe County to ensure that neither the provisions of this Plan nor the LDC shall result in MI
an unconstitutional taking of private property. Accordingly, Monroe County shall adopt a beneficial use it%
procedure to provide a means to resolve a landowner's claim that a land development regulation or U)
comprehensive plan policy has had an unconstitutional effect on property in a nonjudicial forum. For the 0
purpose of this policy,beneficial use shall mean the minimum use of the property necessary to avoid the finding i9
of a regulatory taking under current land use case law.
2. The relief to which an owner shall be entitled may be provided through the use of one or a combination of they
following:
a) granting of a permit for development which shall be deducted from the Permit Allocation System; 'I
b) granting of use of transferable development rights(TDRs);
c) Government purchase offer of all or a portion of the lots or parcels upon which there is no beneficial use.
This alternative shall be the preferred alternative when beneficial use has been deprived by application of
Chapter 138 of the Land Development Code.This alternative shall be the preferred alternative for Tier I,
II,or III-A(SPA)lands;
d) such other relief as the County may deem appropriate and adequate.
The relief granted shall be the minimum necessary to avoid the finding of a regulatory taking of the property
under state and federal law. With respect to the relief granted pursuant to this policy or Policy 101.7.1 E
(Administrative Relief), a purchase offer shall be the preferred form of relief for any land within Tier I and
Tier II,or Tier III-A(SPA). 0
3. Development approved pursuant to a beneficial use determination shall be consistent with all other objectives
and policies of the Plan and LDC unless specifically exempted from such requirements in the final beneficial >i
use determination. w
4. This policy is not intended to provide relief related to regulations promulgated by agencies other than the county
or to provide relief for claims that are not cognizable in court at the time of application of this policy.Further, E
the procedures established for this policy are not intended,nor do they create,a judicial cause of action.
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5. The land development regulations shall establish standards, procedures, and remedies for an administrative
determination of beneficial use.
Objective 101.18
Monroe County recognizes that there presently exists a significant excess of platted residential subdivision lots relative E
to the County's carrying capacity based upon hurricane evacuation,traffic circulation,water quality and marine resources,
and other level of service standards. The County further recognizes that lot owners who are unaware that they will be
subject to the County's land development regulations may have unrealistic expectations concerning their ability to receive
building permits. In order to avoid,to the extent possible, further unrealistic development expectations,Monroe County CL
shall not approve a preliminary or final plat unless development of the plat would meet all of the requirements of Monroe
County's land development regulations,and shall not exceed the maximum density of the future land use category or the
land use district,whichever is less. Monroe County shall limit its approval of plats to those which only create buildable
lots; areas of wetlands may be included in a plat as conservation areas. g
Policy 101.18.1
The County shall not approve plats for residential use unless a review of the proposed plat shows that the plat will `j
meet all requirements of the comprehensive plan and land development regulations.
CL
Policy 101.18.2 0
Monroe County shall require that,upon approval,all plats include the following notice: U)
NOTICE TO LOT PURCHASERSAND ALL OTHER CONCERNED INDIVIDUAL`
Purchase of a platted lot shown hereon confers no right to build any structure on such lot, nor to use the lot for any C,
particular purpose, nor to develop the lot. The development or use of each lot is subject to, and restricted by, the E
goals, objectives, and policies of the adopted comprehensive plan and land development regulations implementing U
the plan; therefore, no building permits shall be issued by the County unless the proposed development complies
with the comprehensive plan and land development regulations.
Policy 101.18.3 U)
Within the IS,IS-D,URM,URM-L and CFV land use districts(zoning),parcels platted as of September 15, 1986 M
shall not be further subdivided in a way that creates more net lots than the original plat. U)
I
Objective 101.19
Monroe County shall address local community needs while balancing the needs of all Monroe County communities.These U)
efforts shall focus on the human crafted environment and shall be undertaken through the Livable CommuniKeys Planning U)
Program.
Policy 101.19.1I
Monroe County shall develop, maintain, and update periodically, as appropriate, with public input, the Livable
CommuniKeys Community Master Plans. Community Master Plans will be maintained in accordance with the �I
following principles:
1. Each Community Master Plan will contain a framework for future development and redevelopment including gal
the designation of growth boundaries and future acquisition areas for public spaces and environmental
conservation;
2. Each Community Master Plan will include an Implementation Strategy composed of action items, an
implementation schedule,and a monitoring mechanism to provide accountability to communities;
3. Each Community Master Plan will be consistent with existing Federal and State requirements and overall goals
of the 2030 Comprehensive Plan to ensure legal requirements are met.While consistency with the goals of the
2030 Comprehensive Plan is paramount,the 2030 Plan will be updated and amended where appropriate;
4. Each Community Master Plan will be closely coordinated with other community plans and other jurisdictions c
to ensure development or redevelopment activities will not adversely impact those areas;
5. Each Community Master Plan will include appropriate mechanisms allowing citizens continued oversight and >i
involvement in the implementation of their plans.Through the Community Master Plans,programs for ongoing w
public involvement,outreach,and education will be developed;
6. Each Community Master Plan will include a Capital Improvements program to provide certainty that the
provision of public facilities will be concurrent with future development;
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7. Each Community Master Plan will contain an environmental protection element to maintain existing high levels
of environmental protection as required in the 2030 Comprehensive Plan;
8. Each Community Master Plan will include a community character element that will address the protection and
enhancement of existing residential areas and the preservation of community character through site and
building guidelines. Design guidelines for public spaces, landscaping, streetscaping, buildings, parking lots, E
and other areas will be developed through collaborative efforts of citizens,the Planning Department,and design
professionals reinforcing the character of the local community context; ra
9. Each Community Master Plan will include an economic development element addressing current and potential
diversified economic development strategies including tourism management. The preservation and retention CL
of valued local businesses, existing economies, and the development of economic alternatives will be
encouraged through the process;
10. Each Community Master Plan will contain a Transportation Element addressing transportation needs and
possibilities including circulation, safe and convenient access to goods and services, and transportation g
alternatives that will be consistent with the overall integrity of the transportation system not resulting in
negative consequences for other communities; and
11. Each Community Master Plan will be based on knowledge of existing conditions in each community. The W
Planning Department will compile existing reports, databases, maps, field data, and information from other
sources supplemented by community input to document current conditions; andCL
12. Each Community Master Plan will simplify the planning process providing clarity and certainty for citizens, 0
developers, and local officials by providing a transparent framework for a continuing open dialogue with °U)
different participants involved in planning issues.
Policy 101.19.2 C,
The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as a part of the plan and be E
implemented as part of the Comprehensive Plan. The following Community Master Plans have been completed in U
accordance with the principles outlined in this section and adopted by the Board of County Commissioners:
1. The Master Plan for Future Development of Big Pine Key and No Name Key,dated August 2004 and adopted
by the Board of County Commissioners on August 18, 2004 is incorporated by reference into the 2010
Comprehensive Plan. The term Strategies in the Master Plan is equivalent to the term Objectives in the U)
Comprehensive Plan and the term Action Item is equivalent to the term Policy;the meanings and requirements
for implementation are synonymous.Adopted by Ordinance 029-2004.Amended by Ordinance 020-2009. U)
2. The Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 dated February 11,2005 and MI
adopted by the Board of County Commissioners on February 16, 2005 is incorporated by reference into the
2010 Comprehensive Plan. The term Strategies in the Master Plan is equivalent to the term Objective in the U)
Comprehensive Plan and the term Action Item is equivalent to the term Policy;the meanings and requirements U)
for implementation are synonymous.Adopted by Ordinance 002-2005.
3. The Stock Island/Key Haven Livable CommuniKeys Plan Volume I is incorporated by reference into the 2010
Comprehensive Plan. Only the Strategies denoted with a green checkmark in this Master Plan have been
adopted and approved as equivalent to the term Objectives in the Comprehensive Plan. Only the Action Items
denoted with a green checkmark in this Master Plan have been adopted equivalent to the term Policy in the MI
Comprehensive Plan. Strategies and Action Items without a green checkmark next to them are not considered R
to be consistent with the definitions of"Objective" and "Policy" and therefore do not serve as equivalents.
Adopted by Ordinance 010-2007.
4. Volume Two (2) of the Stock Island and Key Haven Livable CommuniKeys Master Plan titled Harbor
Preservation/Redevelopment and Corridor Enhancement Plan dated November 2005 and incorporated by
reference into the 2010 Comprehensive Plan. Only the Strategies denoted with a green checkmark in this
Master Plan have been adopted and approved as equivalent to the term Objectives in the Comprehensive Plan.
Only the Action Items denoted with a green checkmark in this Master Plan have been adopted equivalent to
the term Policy in the Comprehensive Plan. Strategies and Action Items without a green checkmark next to
them are not considered to be consistent with the definitions of"Objective" and"Policy" and therefore do not c
serve as equivalents.Adopted by Ordinance 011-2007.
5. The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the 2010 Comprehensive X
Plan.Only the Strategies denoted with a green checkmark in this Master Plan have been adopted and approved W
as equivalent to the term Objectives in the Comprehensive Plan. Only the Action Items denoted with a green a
checkmark in this Master Plan have been adopted equivalent to the term Policy in the Comprehensive Plan.
Strategies and Action Items without a green checkmark next to them are not considered to be consistent with
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the definitions of"Objective" and "Policy" and therefore do not serve as equivalents. Adopted by Ordinance
012-2007.
6. Lower Keys:The Lower Keys Livable CommuniKeys Master Plan is incorporated by reference into the Monroe
County Comprehensive Plan.Adopted By Ordinance 031-2012.
GOAL 102
Monroe County shall direct future growth to lands which are most suitable for development and shall encourage conservation U)
and protection of environmentally sensitive lands (wetlands, beach berm and tropical hardwood hammock). [F.S. §
163.3177(6)(a)]
d
Objective 102.1
Monroe County shall require new development to comply with environmental standards and environmental design criteria
which will protect wetlands,native upland vegetation and beach/berm areas. g
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
E
Allocated density(dwelling units per acre)shall be assigned to freshwater wetlands and undisturbed salt marsh and U
buttonwood wetlands only for use as transferable development rights(TDRs)away from these habitats. Submerged
lands,salt ponds,freshwater ponds,and mangroves shall not be assigned any density or intensity.
Objective 102.2 U)
Monroe County shall maintain Environmental Standards(➢ EILSection 118-1)and Environmental Design Criteria UX
Section 118-6) of the Land Development Code. These regulations will require new development to further protect
wetlands,native upland vegetation and beach/benn areas.
Policy 102.2.1 U)
Monroe County shall maintain environmental standards and environmental design criteria as indicated in U)
Conservation and Coastal Management Policy 204.2.5 that eliminate the net loss of disturbed wetlands.Mitigation 0
for wetland impacts shall be in accordance with State requirements.In instances where mitigation is required by the
U.S.Army Corps of Engineers but not by FDEP or SFWMD,Federal mitigation requirements shall apply.
Policy 102.2.2 'I
Monroe County shall maintain environmental standards and environmental design criteria as indicated in policies
adopted pursuant to Conservation and Coastal Management Objective 205.2 that protects native upland vegetation
and promotes restoration of habitat values of native upland communities, including hardwood hammocks and
pinelands.
U
Policy 102.2.3
Monroe County shall maintain environmental standards and environmental design criteria as indicated in policies
adopted pursuant to Conservation and Coastal Management Objective 210.1 that will protect beach/berm resources E
by addressing permitted uses, siting of structures, disturbances,removal of invasive vegetation, and restoration of
native vegetation in beach/benn areas. c
0
Objective 102.3 X
Monroe County shall maintain land development regulations which will direct new development to areas having W
appropriate topography and soil conditions and to where site disturbance and man's activities will have fewer adverse a
effects on natural vegetation,terrestrial wildlife,natural landforms and marine resources. [F.S. § 163.3177(6)(a)3.e.] E
c�
Page 56 of 217
Packet Pg. 3449
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Exhibit 1 Evaluation and Appraisal Review Amendments
Policy 102.3.1 U)
The Permit Allocation System(See Future Land Use Objectives 101.6 and related policies)shall have the following
environmental protection goals:
1. to reduce the exposure of residents to natural hazards;
2. to reduce disturbances to natural vegetation resource areas;
3. to reduce disturbances to terrestrial wildlife resources areas;
4. to reduce impacts of new development on nearshore waters; ra
5. to protect environmentally sensitive lands appropriate for conservation and resource protection;
6. to encourage infill development where existing lands are already substantially developed, served by complete
infrastructure facilities and within close proximity to established commercial areas and that do not contain
significant areas of wetlands or native upland plant communities;
7. to ensure that the ecological integrity of natural areas is protected when land is developed;
8. to steer growth to the most appropriate areas and away from inappropriate areas; and g
9. to reduce adverse impacts on endangered and threatened species.
Accordingly, the Point System, which shall be used as the basis for the annual allocation of permits, shall assign
negative and/or positive points to development applications that help to achieve the above environmental protection
goals. (See Future Land Use Objective 101.6 and related policies for a list of positive and negative factors to be
included in the Permit Allocation System.)
U)
Policy 102.3.2
Monroe County shall require development clustering so as to avoid impacts on sensitive habitats and to provide for
the preservation of all required open space in a contiguous,non-fragmented condition by requiring the following:
1. when a parcel proposed for development contains more than one (1) habitat type, all development shall be E
clustered on the least sensitive portion(s)of the parcel: and U
2. development permitted on the least sensitive portion(s)of a parcel shall be clustered within that portion(s)of
the parcel. (See Conservation and Coastal Management Policy 205.2.3). [F.S. § 163.3177(6)(a)]
Objective 102.4 U)
Monroe County shall maintain a Land Acquisition Master Plan containing strategies for securing funding and containing M
non-purchase options and strategies. U)
I
Policy 102.4.1
The Monroe County Land Acquisition Master Plan shall be maintained and implemented by the Monroe County U)
Land Authority in cooperation with the au➢ua_uMtuauu�Y �1���_a�nip¶"_.t '¢ 1 : � n� � � i � � and other 0
responsible federal and state agencies. Monroe County shall encourage the State to target the acquisition of Tier I
designated lands within the state's acquisition boundaries.Monroe County shall encourage the federal government
to target the acquisition of lands containing suitable habitat for species listed under the Endangered Species Act. I
Policy 102 4 2 'I
T➢uu,_ubfloyvuuu,g uu _l➢_ur �ypa _r Of huu_uds w➢fia.J_slufll be a_a�uur;u���u��� u61 _ua_Qlua,u,r;u�ua�uu_Mu_uud
(4+ov¢ 4u _'Pi e-shall
include the following priorities for acquisition:.,- Tfie i oui y slu„ulll suur poi a uui➢iziuugu; Luuuud AuuH➢ oi-iv
u"eSOLumu..a r;uu uul uuuuuuiiuugu„ MOIuI-oe i ouuuugy u"uwSOLIT..a r;uu uui uuuuuuiiuug„uu uui/auu <;uuun:au,uuuuui u`auu en'l➢ li,nuuug pl,ogn,mu s:
U
Priority One*
• Lands designated as Tier I(Natural Areas)
_�:,uuuljr , yvu I le Im uuua ➢uu aueu uluuua _uaula➢dulr � __ _ y
lr ; ruuu u �uu � u�l0 ufiuuul �u➢�g uauu �_ r_ _ _ e - �_ q_ g_-_- _ _ l ua-uua➢ _uu_uuaa_
unws
uuuuj/ol WJJj➢_r,ur�g_uuuug_uuul_➢u ubui ul a�u_a a uuuura_llvlu y
:,uuul r;_l rr;uu,uu_ui ur _uuuy_�uyu_�] rell
uu,uu_u�ua uu y ul➢uuuu u➢u V_a a ul_ � a uu _u_laua �,a�_,q a uau_ulj_uummy_1➢u ul_W0u;a➢d- uul_l➢uu F_01 udu_u �
F_�7�u_a,4!&a ➢VnissA�➢l,_N, W fl N"+ ➢➢Vn➢➢_p_N;& ➢�YV&➢"0.�➢N� V N�<:A➢pk"± �➢U k➢�➢V �k ➢&,V➢➢V pk Q�4&�� ➢➢Vn&➢p; ➢Vk,�V�", �� a 4p"+_�llA as
__ _ _________ __ _ l___Y
la uu a a➢r,wuu➢u ui ➢a ur;u vole D➢l,
__,<uurl]b_i l<lu ullri_i,iilu__ yrju�uuli�u _fil lug �<uu luu_gru_ivar"l_lruuu[l a ug gru l0s u<ujjl_l' 4juu <_l,_lblb�jl<uuu j�u_-__ij ]i_._p ltl �<uu
__ l r;__�luug_lone_ea_u➢ue Volluuuul_uu�y_ our urj,2,11 u_lal_u_aauuauurt, urluriscrv,10ryuu_lu<u �r_[ub_i<u�j_r _iluu___ll r rrbu� /__Rcduucfio r`
W22L,uu u n..
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Page 57 of 217
Packet Pg. 3450
Exhibit | Evaluation and Appraisal Review Amendments
^ Lower Keys marsh rabbit habitat and buffer area, as adopted with the Big Pine Key & No Name Key E
(BPK/NNK)Habitat Conservation Plan(Figure 2.2)and I idental Take Permit.
CL
~ c
Priority Two*
^ Lands designated ua Tier U(8PK/NNK)
^ Lands designated ua Tier U|'/\ W
^ Lower Keys marsh rabbit focus area& buffer\cxc'uuu/g or:/mmxf \rcoout Referral Process rcuuvcu by
U8FVV8 and FBMAJ
^ Silver rice rat focus area&buffer'(Permit Referral Process required by USFWS and FEMA)
------
Priority Three*
^ Lands designated ua Tier III for employee and affordable housing U
^ Lands with areas of deteriorated infrastructure where the cost of maintaining and/or repairing the infrastructure
exceeds the value oI private lands(developed orundeveloped)
^ Lands for potential recreational/park development&expansion(public access)
^ Lands within the FBNA "V" Zones (purchase parcels within Zone to encourage growth mvuy from more
vulnerable mrua �auuY40T[� �
' �
Priority Four* �|
^ Key Largo wood rat&cotton mouse buffer areas (Permit Referral Process required by USFWS and FEMA)
^ Adaptation action area zor lumia in more "interior" locations for trunadionbng public facilities &c directing
development[see NOTE] 0
^ Lands within the Coastal High Hazard Area(CRRA), c
^ Lands subject to saltwater inundation under the assumption of 3 inches to and 7 inches by 2030 [see NOTE] �|
�
Criteria for the ranking oI land acquisitions within the four priority areas shall include: �|
�
|) Consideration oI the carrying capacity oI the natural and man-made systems in the Florida Keys tocontinually w
|
accommodate further development;including hurricane evacuation clearance times.
2) The size and the location of the property and surrounding land uses, including management status (adjacent
�
ownership,consolidation of parcels for management feasibility,maintenance costs,diversity of habitats, and
U
the provision oI habitat hnDem). .
3) The habitat type on the property with preference given to:
u. Hardwood hammock&cpbnelunda(upland habitats)
CU
h. Undisturbed wetlands
c Disturbed wetlands �
4) Minimization of fragmentation of habitats (edge effect) and potential for successful restoration, if within u 0
0
larger hammock area.
�
5) Percent oI land surrounding the property that iaalready under public ownership. X
W
/United States Federal Emergency Managemon/Agency(FEM4)and United States Fish and Wildlife Service(FWS)
required Monroe County N implement yonn// Referral /f000xx (PYP) N avoid impacts on federally listed
Page 58oI217
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Exhibit 1 Evaluation and Appraisal Review Amendments
(threatened or endangered) species. Focus and buffer areas are areas of potentially suitable habitat for nine
federally protected species(Eastern indigo snake, Key deer,Key Largo cotton mouse, Key Largo woodrat,Key tree
cactus,Lower Keys marsh rabbit,Schaus swallowtail butterfly,silver rice rat, and Stocklsland tree snail), as defined
within the Biological Opinion issued by FWS on April 30, 2010.
2 Adaptation action area means one or more areas that experience coastal flooding due to extreme high tides and
storm surge, and that are vulnerable to the related impacts of rising sea levels for the purpose ofprioritizing funding ra
for infrastructure needs and adaptation planning. M
C,
CL
3 The Coastal High-Hazard Area is the area below the elevation of the category 1 storm surge line as established by
a Sea, Lake, and Overland Surges from Hurricanes(SLOSH) computerized storm surge model.
*Priorities will be reevaluated for recently federally listed species.
NOTE:It should be noted that the science examining the impacts of climate change and sea level rise is still evolving M
and the County may want to consider postponing the acquisition priorities on this issue until a future date. `j
C
Policy 102.4.3 (L
Monroe County shall maintain and implement a land acquisition program in recognition of the critical need for the 0
County to aggressively address the imbalance between development expectations of private property owners and °U)
the finite carrying capacity of the natural and man-made systems in the Florida Keys.Pursuant to Section 380.0552,
F.S. and Rule 28-20.140, F.A.C., this policy recognizes the public safety concern of maintaining a maximum
hurricane evacuation clearance time of 24 hours. C,
E
Policy 102.4.4 U
The Monroe County Land Acquisition Master Plan shall contain an acquisition financing plan which identifies
sources of funding for acquisition of lands on the Priority List.Land acquisition will be a coordinated effort between
the state and federal governments and the County. The County shall annually petition the state and federal
government to accept primary responsibility for acquisition of Tier I, conservation and natural lands and lands U)
containing species listed under the Endangered Species Act. Monroe County shall support the efforts of federal M
agencies, state agencies, and private non-profit conservation organizations, to acquire land for conservation U)
purposes.
I
Policy 102.4.5 U)
Lands acquired through the Monroe County Land Acquisition Program shall be managed to restore,preserve, and U)
protect the conservation,recreation,safety,hazard reduction,u a sj Vi eml',y,_density reduction and affordability purposes
for which the lands were acquired. (See Recreation and Open Space Objective 1201.7 and related policies.)
I
Policy 102.4.6
a luiww w ww, a 1 4 -a opl—iowof-4w, isiv-c-114ar,,_Monroe County, in cooperation with the Land MI
Authority,shall a n-aiiin uuu a a. ww a;a program to provide a monetary incentive to private property owners to deed restrict
their privately-owned adjacent,vacant parcels to restrict residential development on the vacant parcels. �a1
Objective 102.5
Development of the mainland area of Monroe County shall be controlled so as to reduce public expenditures and to
preserve the natural,cultural and historic resources of the mainland area. [F.S. § 163.3177(6)(a)3.f.]
Policy 102.5.1
Monroe County shall maintain land development regulations pertaining to the Mainland Native Area District which:
1. prohibit construction of any roads or canals in mainland Monroe County that would permit new access into the O
0
mainland wilderness area or would alter the natural flow regimes of the Everglades or Big Cypress Swamp;
and X
2. prohibit development that would introduce human activities or habitations into the undisturbed portions of
Everglades National Park or Big Cypress Swamp National Preserve. [F.S. § 163.3177(6)(a)3.f.]
E
Objective 102.6
Page 59 of 217
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Exhibit 1 Evaluation and Appraisal Review Amendments
Monroe County shall regulate land use activities on offshore islands within the legal boundaries of Monroe County. [F.S.
C
§ 163.3177(6)(a)3.f.] 0
Policy 102.6.1
which will further restrict the activities permitted on ffsho e islands•These shall p inc land development regulations �
y 1 ____
e include the following:
1. development shall be prohibited on offshore islands(including spoil islands)which have been documented as
an established bird rookery or nesting area based on resource agency best available data or surveys (See
Conservation and Coastal Management Policy 206.1.2.); CL
2. new resource extraction pits shall be prohibited on offshore islands;
3. campgrounds and marinas shall not be permitted on offshore islands; however,temporary primitive camping
by the owner, in which no land clearing or other alteration of the island occurs, shall be the only use of an
offshore island which may occur without necessity of a permit; g
4. the use of any motorized vehicles including, but not limited to, trucks, carts, buses, motorcycles, all-terrain
vehicles and golf carts shall be prohibited on offshore islands that do not contain any development;
5. planting with native vegetation shall be encouraged whenever possible on spoil islands; and W
6. County public facilities and services, excluding electricity over which the Public Services Commission of the
State of Florida exercises jurisdiction, shall not be extended to offshore islands. The extension of public
CL
facilities shall be required to comply with Policy 101.12.2. 0
U)
Policy 102.6.2
Monroe County shall discourage developments proposed on offshore islands by methods including,but not limited
to,designating offshore islands as Tier I Lands. C,
E
Objective 102.7 U
Monroe County shall take actions to discourage new private development in areas designated as units of the Coastal
Barrier Resources System(CBRS).
Policy 102.7.1 U)
Monroe County shall discourage new developments which are proposed in units of the CBRS, including the M
assignment of negative points in the permit allocation system. U)
I
Policy 102.7.2
Monroe County shall not create new access via new bridges,new causeways,new paved roads or new commercial U)
marinas to or on units of the CBRS. This does not preclude the maintenance, repair and replacement of existing U)
bridges,causeways,paved roads and lawful commercial marinas.
Policy 102.7.3I
Shoreline hardening structures, including seawalls, bulkheads, groins, rip-rap, etc., shall not be permitted along
shorelines of CBRS units. I
c1i
Policy 102.7.4
Privately-owned undeveloped land located within the CBRS units shall be considered for acquisition by Monroe
County for conservation purposes.
U
Policy 102.7.5
Monroe County shall discourage the extension of public facilities and services provided by the FKAA and private
providers of electricity and telephone service to undeveloped CBRS units by providing each of the utility providers E
with:
1. a map of the areas of Monroe County which are included in CBRS units; c
2. a copy of the Executive Summary in Report to Congress: Coastal Barrier Resources System published by the
V_
U.S. Department of the Interior, Coastal Barriers Study Group, which specifies restrictions to federally >i
subsidized development in CBRS units; and
3. Monroe County policies regarding local efforts to discourage both private and public investment in CBRS units. a
E
Objective 102.8
Page 60 of 217
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Exhibit 1 Evaluation and Appraisal Review Amendments
Together with other responsible state and federal agencies, Monroe County shall continue to implement a cooperative
land management program for publicly owned conservation lands. [F.S. § 163.3177(6)(a)3.f.]
Policy 102.8.1
Monroe County shall discourage developments which are proposed in Tier I through the permit allocation system E
and the LDC.
ra
2A
Policy 102.8.2
Monroe County, in cooperation with appropriate state and/or federal agencies, shall continue to develop overall
management strategies for publicly owned conservation lands. Changes in specific management strategies may be
modified as acquisitions continue and new information becomes available through biological research or monitoring.
GOAL 103
Monroe County shall implement regulations and programs to address the special environmental protection and/or traffic
circulation needs of those areas of Big Pine Key,and North Key Largo. [F.S. § 163.3177(6)(a)3.f.]
Objective 103.1 C
Monroe County shall regulate future development and coordinate the provision of public facilities on Big Pine Key and
No Name Key,consistent with the Goals,Objectives,and Policies of this Comprehensive Plan,the Livable CommuniKeys 0
Master Plan and the Habitat Conservation Plan,for Big Pine Key and No Name Key in order to: °U)
1. protect the Key deer(Odocoileus virginianus clavium);
2. preserve and enhance the habitat of the Key deer;
3. limit the number of additional vehicular trips from other islands to Big Pine Key and No Name Key; C,
4. maintain the rural,suburban,and open space character of Big Pine Key and No Name Key; and E
5. prevent and reduce adverse secondary and cumulative impacts on Key deer. U
Policy 103.1.1
Monroe County shall identify Key deer habitat areas as acquisition sites for conservation purposes, pursuant to
Policy 102.4.2. Emphasis shall be placed upon acquisition of movement corridors, sources of fresh water, and U)
undisturbed native vegetation areas which are located within Improved Subdivisions and which are outside of the
acquisition areas identified by the USFWS(for the National Key Deer Refuge),FDEP(for the Coupon Bight CARL
Project),and SFWMD(for the Big Pine Key Save Our Rivers project). (See Objective 102.4 and related policies.)
Policy 103.1.2 U)
Monroe County shall support,wherever possible,the efforts of federal agencies,state agencies,and private non- 0
profit conservation organizations,to acquire land for conservation purposes within habitat areas of the Key deer.
Policy 103.1.3 �
Monroe County,in conjunction with the USFWS,shall implement activities to prohibit the destruction of the
federally-designated endangered Key deer and to protect its habitat by addressing: 'I
1. enforcement of animal control laws;
2. incorporation of management guidelines into development orders;
3. construction of fences;
4. roadside management techniques;
5. feeding laws;
6. speed limit enforcement;
7. removal of invasive plants;
8. distribution of management guidelines to private landowners;
9. attainment of Key deer management objectives; (See Conservation and Coastal Management Objective 206.4
and supporting policies.)and
0
10. secondary and cumulative impacts by, among other things, adopting and implementing appropriate land
development regulations.
Objective 103.2
Monroe County, in coordination with the USFWS, shall regulate future development and coordinate the provision of
public facilities in North Key Largo consistent with the Goals, Objectives and Policies of this Comprehensive Plan in
Page 61 of 217
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Exhibit 1 Evaluation and Appraisal Review Amendments
order to maintain the rural and open space character of North Key Largo, as well as to preserve and enhance the habitat
of animals listed as endangered under the Endangered Species Act,including,but not limited to the American crocodile
(Crocodylus acutus), the Key Largo wood rat (Neotoma floridana smalli), the Key Largo cotton mouse (Peromyscus
gossypinus allapaticola),and the Schaus swallowtail butterfly (Heraclides aristodemus ponceanus).North Key Largo is
defined as that portion of Key Largo Located between the junction of State Road 905 and U.S.Highway 1 and the Miami- E
Dade County boundary at Angelfish Creek. [F.S. § 163.3177(6)(a)3.f.]
ra
2A
Policy 103.2.1
Monroe County shall implement methods including, but not limited to, designating known habitat of the Schaus
swallowtail butterfly as Tier I. [F.S. § 163.3177(6)(a)3.f.]
Policy 103.2.2
Monroe County shall maintain land development regulations pertaining to development siting and clustering so as g
to avoid impacts to sensitive habitat and to provide for the retention of contiguous open space by requiring the
following:
1. when a parcel proposed for development contains more than one (1) habitat type, all development shall be
clustered on the least sensitive portion(s)of the parcel(as is currently required); and
2. development permitted on the least sensitive portion(s)of a parcel shall be clustered within that portion(s)of
the parcel. (See Conservation and Coastal Management Policy 205.2.3.)
U)
Policy 103.2.3
Monroe County shall require that the following analyses be undertaken prior to finalizing plans for the siting of any
new public facilities, excluding electricity over which the Public Services Commission of the State of Florida
exercises jurisdiction, or the significant expansion(greater than 25 percent)of existing public facilities, excluding E
electricity over which the Public Services Commission of the State of Florida exercises jurisdiction: U
1. assessment of needs;
2. evaluation of alternative sites,_p ua__jgj, tftu_u➢_vllbua_u_ilbujh _alu_a, ,1"22L!!1 a�u_uar;u lauua_a_o �➢ua__i➢den i�iv r�u�a , and
design alternatives for the selected sites; and
3. assessment of impacts on surrounding land uses and natural resources. U)
The assessment of impacts on surrounding land uses and natural resources will evaluate the extent to which the U)
proposed public facility involves public expenditures in the coastal high hazard area and within environmentally MI
sensitive areas,including disturbed salt marsh and buttonwood wetlands,undisturbed beach/berm areas,units of the
Coastal Barrier Resources System,undisturbed uplands(particularly high quality hammocks and pinelands),habitats U)
of species considered to be threatened or endangered by the state and/or federal governments,offshore islands,and U)
Conservation Land Protection Areas.
Monroe County shall require that public facilities be developed on the least environmentally sensitive lands and
shall discourage the location of public facilities on North Key Largo,unless no feasible alternative exists and such
facilities are required to protect the public health,safety,or welfare. �I
Policy 103.2.4
Monroe County shall implement activities to protect the habitat and prohibit the destruction of the:
1. American crocodile(See Conservation and Coastal Management Objective 206.5 and supporting policies);
2. Schaus swallowtail butterfly(See Conservation and Coastal Management Objective 206.7 and related policies);
3. the Key Largo wood rat and the Key Largo cotton mouse(See Conservation and Coastal Management Objective
206.9 and related policies.); and
4. known locations of Stock Island tree snail (See Conservation and Coastal Management Objective 206.8 and S
related policies). [F.S. § 163.3177(6)(a)3.f.]
0
0
Policy 103.2.5
Monroe County shall identify native upland habitats used by the Schaus swallowtail butterfly and the Key Largo X
wood rat and the Key Largo cotton mouse as acquisition sites for conservation purposes,pursuant to Policy 102.4.2. w
Emphasis shall be placed upon acquisition of native upland sites which are located within Improved Subdivisions a
and which are outside of the acquisition areas identified by other resource agencies.
c�
Page 62 of 217
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Exhibit 1 Evaluation and Appraisal Review Amendments
Policy 103.2.6 U)
Monroe County shall support,wherever possible, the efforts of federal agencies, state agencies, and private non-
profit conservation organizations, to acquire land for conservation purposes within North Key Largo. [F.S. §
163.3177(6)(a)3.f.]
Policy 103.2.7
Monroe County shall take immediate actions to discourage private development in areas designated as units of the U)
CBRS. (See Objective 102.7 and related policies.)
Policy 103.2.8
Monroe County, in conjunction with the USFWS, shall implement activities to prohibit the destruction of the
federally-designated threatened and endangered species and to protect its habitat by addressing:
1. enforcement of animal control laws; g
2. construction of fences;
3. roadside management techniques;
4. feeding laws;
5. speed limit enforcement;
6. removal of invasive plants;
7. distribution of management guidelines to private landowners; and
8. attainment of endangered species management objectives.
GOAL 104
Monroe County shall recognize,designate,protect,and preserve its historic resources. [F.S. § 163.3177(6)(a)3.f.] C,
E
Objective 104.1 U
Monroe County shall maintain a comprehensive inventory of historical and archaeological resources within
unincorporated Monroe County.
Policy 104.1.1 U)
The Monroe County Growth Management Division shall maintain an inventory of all known historical and
archaeological resources through use of the Florida Master Site File maintained by Florida's Division of Historical U)
Resources,as documented in the"Future Land Use Element"of the Monroe County Comprehensive Plan Technical MI
Document Update, May 2010.
U)
Policy 104.1.2 0
The Monroe County Growth Management Division shall update the inventory of historical and archaeological 0
resources as new historical and archaeological resources are identified, by completing and submitting necessary
documentation to the Division of Historical Resources for new resources'inclusion in the Florida Master Site File. I
Landowners and other interested parties may also add historical and archaeological resources to the inventory.
I
Objective 104.2 C14
Monroe County shall formally recognize significant historical and archaeological resources by designating them as local
historic, cultural and/or archaeological landmarks/districts on the Florida Keys Historic Register and/or supporting the
nomination of appropriate resources to the National Register of Historic Places.
U
c�
Policy 104.2.1
Monroe County shall maintain land development regulations which define the procedures for designating resources
as local historic, cultural and archaeological landmarks/districts on the Florida Keys Historic Register. The Land c
Development Code shall:
1. authorize a Florida Keys Historic Register to which local historic, cultural and archaeological X
landmarks/districts are named; W
2. authorize a review committee and provide for an historic/archaeological review of resources nominated to the C
Florida Keys Historic Register; E
3. list the criteria and procedure for selecting a review committee;
Page 63 of 217
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Exhibit 1 Evaluation and Appraisal Review Amendments
4. specify criteria and procedures for designating significant historic and archaeological resources as local historic,
cultural and archaeological landmarks on the Florida Keys Historic Register, guided by the criteria for
designation to the National Register of Historic Places; 'a
5. include procedures for designation of local historic districts and Historic(H)overlay zones on the FLUM; and C
6. provide for the documentation and protection of sites which are not designated as local historic, cultural and �E
archaeological landmarks but are discovered through the development process or otherwise discovered.
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2A
Policy 104.2.2
Annually,all historical and archaeological resources that are listed on the National Register of Historic Places shall
be considered by the review committee for designation as local historic, cultural and/or archaeological landmarks
on the Florida Keys Historic Register. C
Policy 104.2.3
The Monroe County Growth Management Division shall provide information and technical assistance to property
owners who wish to prepare nominations to the Florida Keys Historic Register.
Policy 104.2.4
Monroe County may nominate or support nominations of additional historic resources to the National Register of
Historic Places as needed. [F.S. § 163.3177(6)(a)3.f.]
U)
Objective 104.3
Monroe County shall adopt and implement measures for the protection and preservation of designated local historic,
cultural and archaeological landmarks/districts.
Policy 104.3.1 U
Monroe County shall maintain land development regulations that provide protection for designated local historic,
cultural and archaeological landmarks/districts listed on the Florida Keys Historic Register.The adopted LDC shall:
1. authorize a historic/archaeological review board to review development proposals which impact designated
local historic,cultural and archaeological landmarks/districts; U)
2. list the qualifications and selection criteria for review board members;
3. specify the restrictions on archaeological sites resulting from local designation.Establish standards to address U)
the siting and design of proposed developments to minimize impacts on archaeological resources, and the MI
proper documentation and recording of the site including retrieving of artifacts; '
4. specify the restrictions on the demolition and alteration of historic structures resulting from local designation. U)
Establish standards to evaluate alterations to historic structures which are consistent with the U.S.Department U)
of the Interior's"Standards for Rehabilitation"; C7
5. specify the restrictions on historic districts resulting from local designation. Establish exterior architectural
standards to evaluate development proposals within designated historic districts with the intent of encouraging
compatibility with the architectural features of historic significance to the particular district;
6. establish a procedure for reviewing development and redevelopment proposals which impact designated local �I
historic,cultural and archaeological landmarks/districts;
7. specify procedures where development activities uncover unknown archaeological resources;
8. provide procedures for enforcement and consequences of non-compliance;
9. provide incentives such as transfer of development rights, tax credits, tax relief, special property tax
assessments, building code waivers, building application fee exemptions, zoning variances, and FEMA
exemptions to encourage the conservation and rehabilitation of privately-owned designated local historic,
cultural or archaeological landmarks; and
10. specify permitting and review procedures that reconcile redevelopment of designated local historic, cultural E
and archaeological landmarks with their potential nonconforming status.
O
0
Policy 104.3.2
Monroe County shall establish architectural guidelines for each designated historic district listed on the Florida Keys X
Historic Register.These guidelines shall be drafted by the nominating agency,and shall be approved by a qualified W
historic preservation professional. The guidelines shall be reviewed and approved by Monroe County within one a
year of acceptance of the district on the Florida Keys Historic Register. E
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Page 64 of 217
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Objective 104.4 U)
Monroe County shall adopt and implement measures for the protection and preservation of historic resources on public
lands. [F.S. § 163.3177(6)(a)3.f.]
Policy 104.4.1
Monroe County shall coordinate with the lessee of Pigeon Key to ensure that the renovation and use of the County-
owned island retains the historical and architectural character of the site,and allows a reasonable amount of public
access.
CL
CL
Policy 104.4.2
Monroe County shall coordinate with county, state and federal agencies to identify, monitor and protect historic
resources located on public lands (See Future Land Use Objective 102.8 and related policies). [F.S. §
163.3177(6)(a)3.f.] 2
Policy 104.4.3
Development plans on County-owned lands which contain designated local historic, cultural and archaeological
landmarks listed on the Florida Keys Historic Register shall be subject to review by the historic/archaeological
review board established pursuant to Policy 104.3.l(1). [F.S. § 163.3177(6)(a)3.f.]
a�
Policy 104.4.4
Monroe County shall increase its participation in the resource planning of federal and state owned parks,wildlife
refuges, military installations and other state or federal properties. Monroe County shall review resource plans,
development plans and master plans prepared for these areas, evaluate impacts on historic resources, and submit
comments to the appropriate agencies. [F.S. § 163.3177(6)(a)3.f.] E
U
Policy 104.4.5 'a
Through a lease agreement,Monroe County shall require that the lessee of Pigeon Key or any other County-owned
local historic,cultural or archaeological landmark designated on the Local or National Register:
1. conform, at a minimum,to the Secretary of the Interior's Standards for Rehabilitation for any permanent or U)
temporary development of the site; and
2. retain the historical,architectural,and/or archaeological integrity of the site,as approved by a professional who U)
meets the appropriate Professional Qualifications specified in the Code of Federal Regulations, Section 61, MI
Number 36. [F.S. § 163.3177(6)(a)3.f.]
U)
Policy 104.4.6 U)
Before the County may sell Pigeon Key, Monroe County shall develop and adopt architectural guidelines for this
National Register Historic District.
I
Objective 104.5
Monroe County shall seek to increase public awareness and appreciation of the historic resources and historic preservation �I
activities in the County. [F.S. § 163.3177(6)(a)3.f.]
I
Policy 104.5.1
Monroe County shall coordinate with the following organizations and individuals to identify opportunities for joint
public education and funding efforts:
1. Local preservation groups in unincorporated Monroe County;
2. The Key West historic preservation planner and other historic preservation leaders;
3. Historic Florida Keys Foundation; E
4. Federal agencies including the National Park Service,U.S.Fish and Wildlife Service,and NOAA;
5. State Agencies including the FDEP Division of Parks and Recreation,and Division of Historical Resources; c
6. Florida Trust for Historic Preservation;
7. Monroe County School Board; and X
8. Local libraries.
Policy 104.5.2
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Monroe County shall continue to seek funding from the Tourist Development Council to create and implement a
historic marker program and a historic map/guide to increase public awareness and appreciation of the County's
history and historic resources. -�
Policy 104.5.3
Monroe County shall promote public knowledge of local, state and federal programs and incentives designed to
assist owners of historic properties. [F.S. § 1633177(6)(a)3.f.]
A
Policy 104.5.4 CL
Monroe County shall identify community leaders with an interest in historic preservation and provide technical
assistance for the formation of new citizen-based historic preservation groups.These groups will aid the County in
generating interest and raising funds for local historic preservation activities.
Objective 104.6
Monroe County shall coordinate with public agencies and non-profit organizations to protect, preserve and increase
awareness of historic resources. [F.S. § 1633177(6)(a)3.f.] W
C
Policy 104.6.1 L
Monroe County shall involve local historic preservation groups in the planning process. The County will apprise 0
groups of historic preservation planning efforts,request their comments and solicit their support. °U)
Policy 104.6.2
Monroe County shall include archaeological sites identified by local historic preservation groups on the priority list C,
of Natural Heritage and Park acquisition sites. E
U
Policy 104.6.3 'a
Monroe County shall encourage and facilitate acquisition of historic sites suitable for cultural,tourism,recreation
or conservation uses by federal, state and local agencies, non-profit historic preservation groups, and non-profit
conservation organizations. U)
Policy 104.6.4
Monroe County shall assist property owners of historically or architecturally significant structures in applying forI
and utilizing state and federal assistance programs.
U)
GOAL 105 0
Monroe County shall maintain a comprehensive land acquisition program and smart growth initiatives in conjunction with its
Livable CommuniKeys Program in a manner that recognizes the finite capacity for new development in the Florida Keys by
providing economic and housing opportunities for residents without compromising the biodiversity of the natural environmentI
and the continued ability of the natural and man-made systems to sustain livable communities in the Florida Keys for future
generations. I
Objective 105.1
Monroe County shall continue to implement smart growth initiatives in conjunction with its Livable CommuniKeys and
Land Acquisition Programs which promote innovative and flexible development processes to preserve the natural
environment, maintain and enhance the community character and quality of life, redevelop blighted commercial and
residential areas,remove barriers to design concepts,reduce sprawl, and direct future growth to appropriate infill areas.
[F.S. § 1633177(6)(a)2.e.]
Policy 105.1.1
Monroe County shall create an economic development framework for a sustainable visitor-based economy, not c
dependent on growth in the absolute numbers of tourists that respects the unique character and outdoor recreational
opportunities available in the Florida Keys. X
Plain, jly 2026, the County will, with input from the business community and other stakeholders, develop an W
Economic Sustainability Element,which focuses upon and promotes redevelopment, considers the increasing cost
of climate adaptation and the protection of property,_�uutla a_aluu<;llaur,_ ➢uaua_<,uu➢�r_au_ ➢ua _�QIQ ;auu<,uur�;_➢uuuuuuadutia�, E
�_ua_ua u�ua uu_a__➢_uu_uuua_ _�uu_un uun�defiuu _uuu� ➢u _uuai➢ua a ur u�ua uu_uu;u� q_u➢uuua _a _]I,� ( � _i➢➢a a__uiva_uur;. cis
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U)
Policy 105.1.2
Monroe County shall enforce the design guidelines established within the Livable CommuniKeys Plans and its land
development regulations which ensure that future uses and development are compatible with scenic preservation
and maintenance of the character of the casual island village atmosphere of the Florida Keys.
Policy 105.1.3
Monroe County shall, through its development standards and Land Development Code, continue to foster the
retention and redevelopment of small businesses on the U.S.1. CL
Policy 105.1.4
Monroe County shall prepare redevelopment
standards and within one year afterwards, shall amend the LDC to address the large number of nonconforming g
commercial structures that are non-compliant as to on-site parking,construction and shoreline setbacks,stormwater
management, landscaping and buffers. By identifying the existing character and constraints of the different island
communities,regulations can be adopted that provide incentives for redevelopment and permit the continuance of `j
businesses while moving towards an integrated streetscape.
Policy 105.1.5
Monroe County shall maintain a residential permit allocation system that directs the preponderance of future U)
residential development to areas designated as Tier III in accordance with Policy 105.6.4.
Objective 105.2
Monroe County shall maintain,with assistance of the state and federal governments,a 20-year Land Acquisition Program E
to: 1)secure funding for environmentally sensitive lands;2)retire development rights on privately-owned vacant lands to U
limit further sprawl and equitably balance the rights of property owners with the long-term sustainability of the Keys
man-made and natural systems; and,3)secure and retain lands suitable for affordable housing.This objective recognizes
the finite limits of the carrying capacity of the natural and man-made systems in the Florida Keys to continually
accommodate further development and the need for the significant expansion of the public acquisition of vacant U)
developable lands and development rights to equitably balance the rights and expectations of property owners. This
includes the recognition that Monroe County must ensure public safety through the ability to maintain a 24-hour hurricane U)
evacuation clearance time. MI
Policy 105.2.1 U)
Monroe County shall designate all lands outside of mainland Monroe County, except for the Ocean Reef planned U)
development,into three general categories for purposes of its Land Acquisition Program and smart growth initiatives 0
in accordance with the criteria in Policy 205.L L These three categories are: Natural Area(Tier 1); Transition and
Sprawl Reduction Area(Tier II)on Big Pine Key and No Name Key only; and Infill Area(Tier III).The purposes,
general characteristics,and growth management approaches associated with each tier are as follows:
1. Natural Area (Tier 1): Any defined geographic area where all or a significant portion of the land area is
characterized as environmentally sensitive by the policies of this Plan and applicable habitat conservation plan,
is to be designated as a Natural Area.New development on vacant land is to be severely restricted and privately
owned vacant lands are to be acquired or development rights retired for resource conservation and passive
recreation purposes. However, this does not preclude provisions of infrastructure for existing development.
Within the Natural Area designation are typically found lands within the acquisition boundaries of federal and
state resource conservation and park areas,including isolated platted subdivisions;and privately-owned vacant
lands with sensitive environmental features outside these acquisition areas.
2. Transition and Sprawl Reduction Area(Tier 11): Any defined geographic area on Big Pine Key and No Name
Key,where scattered groups and fragments of environmentally sensitive lands,as defined by this Plan,may be
found and where existing platted subdivisions are not predominately developed, not served by complete c
infrastructure facilities,or not within close proximity to established commercial areas,is to be designated as a
Transition and Sprawl Reduction Area. New development is to be discouraged and privately owned vacant >i
lands acquired or development rights retired to reduce sprawl, ensure that the Keys carrying capacity is not w
exceeded, and prevent further encroachment on sensitive natural resources. Within a Transition and Sprawl
Reduction Area are typically found:scattered small nonresidential development and platted subdivisions with
less than 50 percent of the lots developed;incomplete infrastructure in terms of paved roads,potable water,or
Page 67 of 217
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electricity; and scattered clusters of environmentally sensitive lands, some of which are within or in close
proximity to existing platted subdivisions.
3. Infill Area(Tier III):Any defined geographic area,where a significant portion of land area is not characterized
as environmentally sensitive as defined by this Plan, except for dispersed and isolated fragments of
environmentally sensitive lands of less than four acres in area, where existing platted subdivisions are E
substantially developed,served by complete infrastructure facilities,and within close proximity to established
commercial areas,or where a concentration of nonresidential uses exists,is to be designated as an Infill Area. ra
New development and redevelopment are to be highly encouraged,except within tropical hardwood hammock
or pineland patches of an acre or more in area,where development is to be discouraged.Within an Infill Area CL
are typically found: platted subdivisions with 50 percent or more developed lots situated in areas with few
sensitive environmental features; full range of available public infrastructure in terms of paved roads,potable
water,and electricity; and concentrations of commercial and other nonresidential uses within close proximity.
In some Infill Areas, a mix of nonresidential and high-density residential uses (generally 8 units or more per g
acre)may also be found that form a Community Center.
Policy 105.2.2 W
Monroe County shall maintain overlay map(s) designating geographic areas of the County as one of the Tiers in
accordance with the guidance in Policy 105.2.1, which shall be incorporated as an overlay on the zoning map(s) CL
with supporting text amendments in the Land Development Regulations. These maps are to be used to guide the 0
Land Acquisition Program and the smart growth initiatives in conjunction with the Livable CommuniKeys Program °U)
(Policy 101.19.1).
Policy 105.2.3 C,
The priority for acquisition of lands and development rights under the County's Land Acquisition Program shall E
follow the priority categories within Policy 102.4.2. U
Policy 105.2.4
The preferred method for acquisition of environmentally sensitive privately owned vacant non-platted lands shall be
fee simple purchase,donation,or dedication or the retirement of development rights through transfer of development U)
rights or similar mechanisms.
U)
Policy 105.2.5 MI
The preferred method for acquisition of vacant platted lots shall be fee simple purchase,donation,or dedication or it%
the retirement of development rights thorough transfer of development rights or similar mechanisms; however, U)
wherever appropriate, platted lots may be purchased in partnership with adjoining property owner(s) subject to a 0
conservation easement that may allow limited residential accessory uses. C9
Policy 105.2.6I
Monroe County shall,in coordination with private sources,federal and state agencies,implement a land acquisition R
program to acquire lands which enhance public access to the shoreline and water-dependent uses, such as beaches, �I
marinas,docks and lands;however,Monroe County Land Authority funds shall not be used for this purpose.
I
Policy 105.2.7
In implementing this Land Acquisition Program,Monroe County is only committed or financially obligated to the
extent that local, state, and federal funds are available. Monroe County shall petition the federal and state
governments to aggressively pursue the acquisition of all remaining privately-owned vacant lands within their park
and conservation acquisition boundaries and to expand existing acquisition boundaries to include other lands in close
proximity with similar environmentally sensitive features.
Policy 105.2.8 0
With respect to the relief granted pursuant to Policy 101.7 (Administrative Relief) or Policy 101.17.4 (Beneficial
Use), a purchase offer shall be the preferred form of relief for any land within Tier I and Tier II,Tier III-A or any X
land within Tier III in accordance with the criteria in Policy 101.7.1.
Policy 105.2.9
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liy-Mary P24, 4,;;uiue eD;aluunala County shall a alm_juuuue po explore additional funding sources forland acquisition.Monroe
County is only committed or financially obligated to the extent that local,state,and federal funds are available.
Policy 105.2.10
Monroe County shall identify and secure possible local sources to yield a steady source of funds and secure increased �E
funding from state and federal, and/or private sources for the Land Acquisition Program and the management and
restoration of acquired resource conservation lands. With the uncertainty concerning the County's ability to
successfully secure sufficient funding from state and federal governments for their fair share of the financial support
for the Land Acquisition Program and the demands placed on the County's limited financial resources to address
wastewater and other critical issues,it is recognized that the Land Acquisition Program may extend well beyond 20
years.
GOAL 106
Monroe County shall continue to maintain the Tier System to ensure growth initiatives recognize the natural and man-made
systems in the Florida Keys,the carrying capacity to accommodate further development,the need for the significant expansion
of the public acquisition of vacant developable lands, and to equitably balance the rights and expectations of private property
owners.
Objective 106.1
Monroe County shall adjust the tier boundaries and implement the Florida Keys Carrying Capacity Study, utilizing U)
updated habitat data and recommendations of the Tier Designation Review Committee(TDRC)Work Group. [Note: As
amended by Final Order DCA07-GM166,parcels included in the challenge with Tier I and Tier IIIA(SPA)boundaries
have been adjusted to reflect the amended Tier Criteria resulting from the DOAH Case 06-2449(GM)]. C,
Policy 106.1.1 U
Monroe County shall update habitat data and the Land Development Code Tier(Zoning)Overlay District Maps to
I uuaE�Ijjy_coincide with the State comprehensive plan evaluation and appraisal schedule,(ta guuuul tuu aluua�,_ya uu duuaa;, _
i➢u,_ ujt u � k,. u�uusJfd u ➢uuoay1.2021).M _u _ ------------------------------------------------------
U)
E Policy 106.1.2
Monroe County shall establish a Tier Designation Review Committee (TDRC) Work Group to consist of U)
representatives selected by the Florida Department of Economic Opportunity(DEO)from Monroe County,Florida MI
Fish& Wildlife Conservation Commission,United States Fish& Wildlife Service, Department of Environmental
Protection and environmental and other relevant interests.The TDRC shall be tasked with the responsibility of tier U)
designation review utilizing the criteria for tier placement and best available data to recommend amendments to U)
ensure implementation of and adherence to the Florida Keys Carrying Capacity Study. These proposed Land 0
Development Code Tier (Zoning) Overlay District Map amendments shall qua..,_ 7 jHfiiu aluua,,ya uu duua�a�,m �
t-'.0imi.4le-w41i the State comprehensive plan evaluation and appraisal i uo—aJ a uau�Joni_schedule (May 1, 2021). J-iii,'14
p:,�-YWl�hl��"���h4-��pW9�a'� ���r�➢p-�';'�"-ak�l�da�-B�-Yip-%�Rp4-�_.a�1� 9-ak4�k���--�k�q�Wl�h���4-��-�;�I���-ak�*�Y-�➢pk.�-Nd��t_.a���h-rek��ha���ti�;4�k-r$�-&d:1-➢=4"k;���-V�hR�l�h4"9pd1�$���-b➢p�;- u$�ti;41 �
Policy 106.1.3
Prior to Monroe County processing updates to the Land Development Code Tier(Zoning)Overlay District Map,the
County shall evaluate the listed threatened and endangered species(as of 20224)and the criteria included in Policy
205.1.1 to determine if amendments are required to further protect and enhance native upland vegetation.Any Tier
(Zoning) Overlay District Map amendment completed prior to May 1, 2021 shall be processed according to state
law and the Land
, Development Code.
e➢. p4➢u�ar ;➢au ua➢(➢.Z,0ituaO _➢u_ __D _ -_Cv;_
�g �_ � 1evlI p uua ➢ de ,u uu a�sjs .uuj ula_uuuna uu�uunauu�r;_la uaul atr,_auj__uuu�_j_r,uuq�uunuD�l�la,(��:
, E_ ➢ D _ y , r _ _ M % i_ r g ➢ �
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GOAL 107
Monroe County shall regulate land use and development activities of scarified portions of property with 50 percent or more X
environmentally sensitive land that contains an existing nonconforming use by the enactment of area-specific regulations that
allow development to occur subj ect to limitations and conditions designed to protect natural resources.For this Goal to be used,
scarified portions of property shall not have been created purposefully without benefit of permit(s) as evidenced by pictorial E
aerial examination and/or other means available to the Growth Management Division. (Ord.No. 023-2011)
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U)
Objective 107.1
Monroe County shall coordinate land use with the elements of the Comprehensive Plan through Future Land Use Element
subarea policies solely applicable to a specific geographic area.These subarea policies identify parcels of land that require
narrowly-tailored regulation in order to confine development potential to an area or extent less than the maximum E
development potential allowed by its underlying Future Land Use Map category.The development parameters established
for each subarea shall be based either on an inventory of uses and facilities established on the parcel or by data and analysis
supporting the specific subarea limitations.Environmentally sensitive areas shall be preserved through the application of
such methods as conservation easements that require mandatory eradication of exotic invasive vegetation.(Ord.No.023- CL
2011) <
Policy 107.1.1 Reserved
Policy 107.1.2 Ramrod Key Mixed Use Area 1
Only the land uses listed in paragraphs 1-4 below shall be allowed on the parcels shown in the table following as
Ramrod Key Mixed Use Area 1:
....................................................................................
REAL ESTATE TOTAL FLUM CONSERVATION BERM TO BE
NUMBER ACREAGE ACRES DESIGNATION EASEMENT LOCATED ON
ACREAGE PARCEL >
.............................................
U)
0.79 N/A N/A
...................... ..............................................................................................
Ramrod Key
00114150-000000 18.12 8.46 Mixed Use Area N/A x C,
1 0
8.87 RC 8.87 .,
Ramrod Key _
00114150-000400 2.6 2.6 Mixed Use Area 0
1
And on which a concentration of non-residential uses exists, including approximately 15,325 square feet of
commercial floor area devoted to the uses listed below.
1. Storage, warehousing, and processing of equipment and materials utilized or generated in construction,
demolition and land clearing,together with ancillary activities,including,but not limited to: U)
a. Administrative offices.
b. Workshops and equipment maintenance areas,outdoors and within structures.
c. Garages and outdoor parking for construction and demolition equipment and machinery.
d. Outdoor and covered storage and processing of demolition debris and construction materials.
e. Storage buildings. vi
f. Above-ground fuel tanks.
2. An antenna supporting structure with accessory building. C14�
3. Residential uses consistent with the former RL future land use map designation and with SS zoning. Single
family residences shall be limited to the existing (including any replacement thereof) and no more than four
(4)additional single family residences. U
4. Outdoor storage, refinishing, repair and/or rebuilding of vehicles, boats and trailers that do not constitute a 0
heavy industrial use. a
Development of the Ramrod Key Mixed Use Area 1 shall be subject to the restrictions set out below: a
1. Wetlands and hammock areas adjacent to outdoor storage shall be protected by: L_
a. Recordation of a conservation easement prohibiting all development activities on the approximately 8.87 O
acres of wetlands within the Easterly portion of parcel 00114150-000000. The area to be conserved is
delineated on the map below.
b. Construction and maintenance of a berm,no less than 3 feet in height,on scarified land along the Westerly W
edge of the wetlands portion of parcel 00114150-000000 as depicted on the map below,to protect the
wetlands from stormwater runoff.Prior to issuing any permit for berm construction,Monroe County shall
require submission of a stormwater management plan adequate to protect the wetlands portion of the
c�
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Exhibit | Evaluation and Appraisal Review Amendments
parcel from degradation attributable tostornwatu runoff from the adjacent scarified portion utilized for
outdoor storage,construction,and demolition activities.
2A
CL
CL
001114150-0000
RAMROD KEY MIXED USE AREA 1 Berm MIC(0.79 ac)
RAMROD KEY MIXED USE AREA 1
CONSERVATION EASEMENT
00114150-000000
--0MSTA,TF-9TF-4A EL
CL
2. Development shall be contingent on any required coordination and/or approval from the United States Fish&
Wildlife Service. (0ni.No. 028'20|0).
Policy 1V7'1'3 Specific Limitations on Key Largo Mixed Use Area 1 �
The Key Largo Mixed Use Area | has u concentration of nonresidential naua currently uxjadng. including J�
z m
uppn�xbnu|uly 2.968D oIcononu�iul Door mru� The current Duul Bakku Parcel number is 00440|00�000000. �
|
contains 0.62 acres and ia legally described as:
Lots |3. |4. |5. |6. |7 and|8..Block 2.TR0MP80N8 SUBDIVISION,Section"/\".according to the plat thereof,
as recorded in Plat Book 1, at Page 147,of the Public Records of Monroe County,Florida; and the East 10 feet or
that portion of Fisherman's Trail, adjacent and contiguous to the West boundary line of Lots |5 and |6. Block 2.
lying between the North Line of Sailfish Trail and the Southeasterly Right-of-Way line of Old State Road 4A, in c
|
T]mnqpaona Subdivision, Section"/\".according to the plat thereof,ua recorded in Plat Book |.u|Page |47.oIthe Q
Public Records oI Monroe County,Florida. vn|
q
Development in the Key Largo Mixed Use Area | abul be subject to regulations applicable to the Mixed w|
�
Use/Commercial(MC)Future Land Use Designation as well as the additional restrictions set out below:
|. The maximum commercial floor area ratio oI0.30.
2. There shall hunoruaidund Uulunia� (0ni��o� 02|'20|0)� .
Policy 107.1.4 Paradise Pit Subarea 1 -Specific Limitations on the Industrial and Conservation Area in Key
Largo
The Paradise Pit Industrial and Conservation Area in Key Largo has a concentration of nonresidential uses currently 'a
uxjadng, including u lawful light industrial use. The pmcul'a current real uatu|u number is 00087100.000500. The 0
parcel has u Tier Designation oI Tier|and thm ��p �ulia59�0|ucrua. ck/dbngu97| acre honv/borrow pit mVj�Puran �0
to this subarea policy,the parcel shall have Future Land Use Map(FLUM)designations uafollows:
W
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E
i
i
m E
y ,
CLr ,
i
i,
i
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CL
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��artrae�a`�7ru�xn �
CL
On�1{r4�7araaV
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n
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In order to balance the protection of environmental resources,historical resources and support a sound and diverse
economic base, development shall be subject to the Industrial Future Land Use Map Designation and the
Conservation Future Land Use Map Designation as well as the additional site-specific regulations and restrictions U)
set out below: ;
Industrial FLUM Area Conservation FLUM Area U)
Residential development shall not be permitted. Residential development shallnot be permitted. �
Any proposed nonresidential development shall be limited to the existing
cleared area adjacent to the borrow pit(5.2 acres of scarified area)and the Archeological/Historical
I
existing cleared area in the NW corner of the parcel(1.7 acres of scarified resource shall be fenced.
area). �I
-Existing cleared areas are identified on the map above.
Both the Industrial FLUM Area and the Conservation FLUM Area L
Wetland and Upland vegetative communities shall be protected by: 0)
-No industrial activities shall be expanded into the native vegetation.
-The creation and maintenance of a 20ft buffer vegetated with native vegetation around the perimeter of the
0
borrow pit. 0
-The maintenance of signage every 100 feet along the perimeter of the scarified areas to ensure no further V"
encroachment into the adjacent native vegetation. x
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U)
The existing carport structure(labeled with the letter"C"on the map above)shall be allowed to continue only for C
the use of parking vehicles associated with lawful uses on the site.No further clearing around the carport structure
shall be permitted.
Reasonable ingress and egress to the industrial area shall be permitted,including the maintenance of the "road"
around the borrow pit provided there are no impacts to the required vegetated buffer or cause further encroachment _
into the native habitat. ra
A
Clearing for an access drive of reasonable configuration up to 18 feet in width is permitted to provide reasonable CL
access to the cleared(scarified)portion in the NW corner of the property and shall be exempt from the maximum
clearing limit.The access drive shall be configured to follow the previously cleared drive as closely as possible.
(Ord.No.007-2014)
Policy 107.1.5 Specific Limitations on Key Largo Mixed Use Area 2
Development in the Key Largo Mixed Use Area 2 shall be subject to regulations applicable to the Mixed M
Use/Commercial(MC)Future Land Use Designation as well as the additional restriction set out below: W
Consistent with Policy 101.4.20, in order to implement the Florida Keys Carrying Capacity Study, maintain the
overall County density and the preservation of native habitat,this site/property shall not increase its allocated density
and allowable development potential for permanent residential units. The following development controls shall
apply: U)
a�
1. The allocated density for permanent residential uses on the site shall remain 0.50 dwelling units per acre.
C,
The Key Largo Mixed Use Area 2, having Real Estate Numbers 00091000.000000 and 00091020.000000, is E
approximately 2.28 acres of land and is legally described as: U
A tract of land 48.9 feet wide,and part of Lot 10 according to George McDonald's Plat of part of Section 5,Township
62,Range 39,on Key Largo as recorded in Plat Book 1,at Page 59 of the Public Records of Monroe County,Florida,
more particularly described as follows; U)
From the dividing line between Lots 10 and 11,according to said Plat Book 1,Page 59,run Southwesterly along the
Northwesterly right of way line of State Road 5(Overseas Highway)a distance of 515 feet to the Point of Beginning U)
of the tract hereafter described,thence Northwesterly at right angles to said Northwesterly right of way line a distance MI
of 487.7 feet, more or less to the shore of Florida Bay,thence along the shore of Florida Bay in the Northeasterly
right of way line,distance of 48.9 feet to the point of beginning,and U)
A tract of land 95 feet wide and part of Lot 10 according to George McDonald's Plat of part of Section 5,Township c
62,Range 39,on Key Largo as recorded in Plat Book 1,at Page 59 of the Public Records of Monroe County,Florida,
more particularly described as follows;
I
From the dividing line between Lots 10 and 11,according to said Plat Book 1,Page 59,run Southwesterly along they
Northwesterly right of way line of State Road 5(Overseas Highway)a distance of 515 feet to the Point of Beginning gal
of the tract hereafter described, thence continue Southwesterly along the Northwesterly right of way line of State cal
Road No. 5, a distance of 95 feet, thence northwesterly at right angles 695.1 feet, thence Northeasterly along a
bulkhead line to a point 687.7 feet North of the Point of Beginning,thence Southeasterly 687.7 feet to the Pont of
Beginning. (Ord.No.011-2016) U
t3
Policy 107.1.6 Big Coppitt Mixed Use Area 1 - To Provide Limitations on Development and Specific cis
Restrictions
Development in the Big Coppitt Mixed Use Area 1 shall be subject to regulations applicable to the Mixed E
Use/Commercial(MC)Future Land Use Designation as well as an additional restriction set out below:
1. Residential units developed on the Big Coppitt Mixed Use Area 1 shall be restricted to affordable housing only c
(with a minimum mix of at least 10% median and at least a 20% combination of low and very low income
categories) and subject to affordable housing regulations pursuant to Section 130-161 of the Monroe County W
Code of Ordinances.
2. There shall be no nonresidential uses. Accessory uses to the residential development, such as a club house or
recreational facilities are permitted. E
3. There shall be no market rate or transient residential units.
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4. There shall be no dredging. U)
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5. All habitable buildings located within the 65-69 DNL(Day-Night Average Sound Level)noise contour pursuant
to the 2013 Navy Environmental Impact Statement shall be sound attenuated to achieve an indoor Noise Level
Reduction of at least 25 decibels.
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6. No residential buildings shall be located within the 70-74 DNL.
7. Any development located within the Big Coppitt Mixed Use Area 1 shall not utilize Puerta Drive for ingress
and egress. A
8. All habitable buildings located within the 70-74 DNL noise contour pursuant to the 2013 Navy Environmental
Impact Statement shall be sound attenuated to achieve an indoor Noise Level Reduction of at least 30 decibels.
9. A development agreement shall be required for any proposed development of an affordable housing project
within the Big Coppitt Mixed Use Area 1 and to evaluate the ingress and egress of the development proposal.
The Big Coppitt Mixed Use Area 1,with Real Estate No. 00120940-000100 is approximately 14.8 acres of vacant 2
land and is legally described as:
PARCEL "A" A parcel of land as described in Official Records Book 1884, Page 1226 of the Public Records of
Monroe County,Florida being a part of Government Lot 1, Section 21,Township 67 South,Range 26 East on Big
Coppitt Key,Monroe County,Florida described as follows:
BEGIN at the southwest corner of Block 9 of"GULFREST PARK PLAT NO. 2" according to the plat thereof as
recorded in Plat Book 4 at Page 157 of the Public Records of Monroe County, Florida and run thence South a
distance of 390 feet; thence run West for a distance of 300 feet; thence run North for a distance of 1004.13 feet;
thence run East for a distance of 300 feet to a point;thence run South for a distance of 614.13 feet back to the POINT
OF BEGINNING. C,
E
TOGETHER WITH: U
PARCEL "B" A parcel of land as described in Official Records Book 1884, Page 1226 of the Public Records of
Monroe County,Florida being a part of Government Lot 1, Section 21,Township 67 South,Range 26 East on Big
Coppitt Key,Monroe County,Florida described as follows: U)
BEGIN at the southwest corner of Block 9 of"GULFREST PARK PLAT NO. 2" according to the plat thereof as
recorded in Plat Book 4 at Page 157 of the Public Records of Monroe County,Florida and run thence East a distance U)
of 185 feet to a point; thence South 45 degrees, 00 minutes, 00 seconds West a distance of 70.71 feet to a point; MI
thence West a distance of 135 feet to a point;thence at right angles North 50.0 feet to the said southwest corner of
said Block 9 and the POINT OF BEGINNING. U)
U)
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TOGETHER WITH:
PARCEL "C" A parcel of land as described in Official Records Book 2237, Page 2259 of the Public Records off
Monroe County,Florida being a part of Government Lot 1, Section 21,Township 67 South,Range 26 East on Big
Coppitt Key,Monroe County,Florida described as follows:
COMMENCE at the southwest corner of Block 9 of"GULFREST PARK Plat No. 2" according to the plat thereof
as recorded in Plat Book 4 at Page 157 of the Public Records of Monroe County,Florida and run thence North for a
distance of 614.13 feet to the POINT OF BEGINNING of the parcel of land herein being described;thence run West
for a distance of 300 feet to a point;thence run North for a distance of 1063 feet,more or less to a point on the north
boundary line of T.LLF. Deed 424002; thence run East along the said north boundary line of said T.LLF. Deed
424002 for a distance of 100 feet to the north boundary line of said Government Lot 1; thence run Southeasterly
along the north boundary line of said Government Lot 1 for a distance of 233 feet, more or less to the northwest
corner of the said Block 9;thence run South along the west boundary line of the said Block 9 for a distance of 942.78 E
feet back to the POINT OF BEGINNING.
0
TOGETHER WITH:
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PARCEL "D"A parcel of land lying adjacent to the lands described in T.LLF.Deed 424002 on the Gulf of Mexico
in Government Lot 1,Section 21,Township 67 South,Range 26 East,on Big Coppitt Key,Monroe County,Florida, a
said parcel being more particularly described by metes and bounds as follows: E
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COMMENCE at the southwest corner of Block 9 of"GULFREST PARK PLAT NO.2"according to the plat thereof
as recorded in Plat Book 4 at Page 157 of the Public Record:of Monroe County,Florida,and run thence North and
along the westerly boundary line of the said Block 9 for a distance of 614.13 feet:thence run West for a distance of
300.00 feet; thence run North for a distance of 1062.78 feet to a point on the north boundary line of T.LLF. Deed
424002 as described in Official Records Book 346 at Page 580, of the said Public Records, said point being the
POINT OF BEGINNING;thence run West and along the north line of said T.LLF. Deed 424002 for a distance of
1331.95 feet;thence run North for a distance of 186 feet,more or less,to a point on the waterward boundary line as ra
of July 1, 1975;thence meander said waterward boundary the following twenty-four(24)courses: N 88°53'56" E,
for a distance of 39.47 feet;N 65°36'56"E, a distance of 71.66 feet; S 88°16'57"E, for a distance of 75.93 feet; N CL
77°38'10"E,a distance of 44.29 feet; S 76'11'41"E,for a distance of 76.54 feet;N 88°33'56"E,a distance of 82.11 <
feet; N 85°40'47" E, for a distance of 103.42 feet; S 75°35'07" E, a distance of 43.33 feet; N 77°23'10" E, for a
distance of 41.16 feet; S 84°42'40" E, a distance of 110.45 feet; S 87°26'54" E, for a distance of 85.16 feet; S
79°07'09"E,for a distance of 28.70 feet;N 79°46'31"E,for a distance of 73.24 feet; S 77°57'45"E,for a distance 2
of 41.56 feet;N 77°13'36"E,for a distance of 53.90 feet; S 84°23'12"E,for a distance of 121.58 feet;N 80°09'47"
E, for a distance of 54.28 feet; S 82°09'00" E, for a distance of 63.88 feet; S 79°34'01" E, for a distance of 42.16
feet; N 86°10'05" E, for a distance of 98.91 feet;N 88°42'12" E, for a distance of 49.04 feet; S 82°47'37" E, for a
distance of 59.12 feet; S 84°16'22" E, for a distance of 85.04 feet; S 47°39'01" E, for a distance of 15.58 feet to a
point,said point being the Point of Terminus of the Waterward boundary line as of July 1, 1975;thence S 29°03'59"
E and leaving the said Waterward boundary line as of July 1, 1975 for a distance of 197.97 feet to a point,said point
being 200.00 feet East of the POINT OF BEGINNING of the said T.LLF.Deed 424002;thence run West and along
the North line of said T.LLF.Deed 424002 and Easterly extension thereof for a distance of 300.00 feet back to the
POINT OF BEGINNING.
ALSO DESCRIBED AS: E
(Description to incorporate current Mean High Water Line as located on May 16,2013) U
A parcel of land being a part of Government Lot 1, Section 21,Township 67 South,Range 26 East on Big Coppitt
Key,Monroe County,Florida described as follows:
U)
BEGINNING at the southwest corner of Block 9 of"GULFREST PARK PLAT NO.2"according to the plat thereof
as recorded in Plat Book 4 at Page 157 of the Public Records of Monroe County, Florida; thence S 89°46'50" W
along the south line of said Block 9 and its easterly extension being the south right-of-way line of Puerta Drive,said MI
bearing referenced to the North American Datum of 1983 (NAD 83),of the Florida State Plane Coordinate System, it%
East Zone with all subsequent bearings referenced thereto, a distance of 185.00 feet; thence S 45°13'01" W, 70.71 U)
feet; thence N 89°46'50" W, 135.00 feet; thence S 00°13'10" W, 340.00 feet; thence N 89°46'50" W, 300.00 feet; U)
thence N 00°13'10" E, 2067.13 feet to the north line of the Trustees of the Internal Improvement Trust Fund
(T.LLT.F.)Deed Number 24002;thence N 89°46'50"W along said north line, 1331.95 feet;thence N 00°13'10"E,
199.38 feet to the Mean High Water Line of the Gulf of Mexico,being coincident with the boundary of the State of
Florida sovereign lands as located on May 16, 2013, having an elevation of(-) 0.1 feet of the North American
Vertical Darum of 1988(NAVD 88);thence meandering along said Mean High Water Line for the following forty- �I
three courses and distances: S 75°10'03" E, 17.09 feet; thence N 78°39'05" E, 68.25 feet; thence N 89°30'17" E,
15.01 feet; thence N 75°15'14" E, 51.14 feet; thence S 86°12'34" E, 48.68 feet; thence N 86°18'20" E,42.61 feet;
thence S 78°03'36" E, 20.90 feet; thence N 82°55'14" E, 20.68 feet; thence S 79°58'18" E, 26.68 feet; thence N
82001'16"E,34.71 feet;thence S 88007'27"E, 19.05 feet;thence S 81024'47"E, 18.37 feet;thence N 83019'58"E,
37.65 feet; thence N 88017'12" E, 46.14 feet; thence N 37019'14" E, 3.92 feet; thence S 82012'13" E, 41.59 feet;
thence N 81017'41" E, 29.36 feet; thence S 72056'29" E, 14.22 feet; thence N 85048'46" E, 48.07 feet; thence S
89000'58" E,37.88 feet;thence S 74000'33" E,20.67 feet;thence S 88024'32"E,37.19 feet;thence S 84006'55" E,
54.34 feet; thence N 48034'35" E, 8.07 feet; thence S 63055'33" E, 23.21 feet; thence N 85006'05" E, 80.97 feet;
thence S 87042'46" E, 28.25 feet; thence S 87037'50" E, 46.30 feet; thence N 62058'49" E, 26.73 feet; thence S
84054'29"E,51.82 feet;thence S 74052'34"E, 59.48 feet;thence N 58022'57"E,39.76 feet;thence S 70002'44"E, 0
30.75 feet; thence S 89009'25" E, 36.47 feet; thence S 81004'00" E, 76.75 feet; thence S 55035'02" E, 9.83 feet;
thence N 87043'55" E, 100.88 feet; thence N 79034'18" E, 60.39 feet; thence S 30005'11" E, 16.62 feet; thence N >i
88049'49"E,23.02 feet;thence S 86006'33"E,23.01 feet;thence N 84046'41"E,25.37 feet;thence S 72052'03"E, W
47.43 feet; thence S 28054'25" E departing said Mean High Water Line,214.32 feet;thence N 89046'50" W along a
the easterly extension of said T.LLT.F.Deed Number 24002,a distance of 200.00 feet to the Point of Beginning of
said Deed,said point also being on the north line of Government Lot 1;thence S 58046'14"E along said north line,
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233.35 feet to the northwest corner of said Block 9,thence S 00°13'10" W along the west line of said Block 9, a
distance of 1556.91 feet to the POINT OF BEGINNING.
Said lands lying and being in Government Lot 1, Section 21, Township 67 South, Range 26 East on Big Coppitt
Key,Monroe County,Florida containing 952,363 square feet(21.86 acres)more or less.
(Ord.No.003-2016, § 2,2-10-2016) �E
Policy 107.1.7 Coco Palms Affordable Housing Subarea
The purpose of Coco Palms Affordable Housing Subarea is to implement applicable goals,objectives,and policies
of the Comprehensive Plan to promote and facilitate development of affordable housing to meet the needs of Monroe CL
County.
1. Boundary.The Coco Palms Affordable Housing Subarea shall include the upland portion of the property having
Real Estate Number 00174960-000000,which consists of approximately 2.30 acres of upland, and is legally
described as follows(upland portion): g
LEGAL DESCRIPTION(Upland):
A portion of Lot 30 Sacarma a subdivision of Government Lots 3 and 4 in Section 29, Township 66 South,
Range 28 East,Cudjoe Key,Monroe County,Florida,recorded in Plat Book 2,Page 48 of the Public Records
of Monroe County,Florida,and being more particularly described as follows:BEGIN at the Southwest corner 0
of said Lot 30; thence N 00°28'49" W along the Westerly Line of said Lot 30 for a distance of 431.51 feet;
thence N 49°54'16"E a distance of 6.89 feet;thence N 62°43'59"E a distance of 17.84 feet:thence N 74°45'27"
E for a distance of 25.07 feet; thence N 52'36'11" E for a distance of 6.04 feet; thence N 18°29'29" E for a
distance of 10.62 feet;thence N 13°02'59"E for a distance of 26.10 feet;thence N 51°09'27"E for a distance C,
of 8.57 feet;thence N 76°25'20"E for a distance of 49.23 feet;thence N 83°33'07"E for a distance of 20.97 E
feet;thence N 71°51'34"E for a distance of 29.93 feet;thence S 75°26'35"E for a distance of 8.32 feet;thence U
S 36°22'15"E for a distance of 16.80 feet;thence S 12°41'11"E for a distance of 31.84 feet;thence S 13°57159"
E for a distance of 38.49 feet;thence S 26°21112"E for a distance of 5.72 feet to the Easterly Line of said Lot
30; thence S 00°28149" E along the said Easterly Line of said Lot 30 for a distance of 464.64 feet to the
Southeast corner of said Lot 30; thence N 79°07138" W along the South Line of said Lot 30 (also being the U)
Northerly Right-of-Way Line of Old State Road 4A) for a distance of 91.48 feet to a point of curvature of a
curve concave to the South;thence in a Westerly direction along the curve,having a radius of 2025.86 feet;a
Central angle of 03°09'58", a chord bearing of N 80°42137" W and a chord length of 111.93 feet, for an arc I
distance of 111.95 feet to the Point of Beginning. Containing 100,371 sq. ft.or 2.3 Acres,more or less.
..............___.._.__..._..---L.._.......L_.._
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'- 0017496'-000000 CN
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-
T. Cudjoe Key
Mile Marker 22 .i
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2. Land Use Designations. The Coco Palms Affordable Housing Subarea shall be subject to all regulations
applicable to the Mixed Use/Commercial (MC) Future Land Use Map designation and the Suburban
Commercial (SC) Land Use District(Zoning)category, as well as the additional restrictions set forth in this
Policy. Where conflicts may arise,the specific restriction in this Sub Area Policy shall supersede the general
criteria applicable to the underlying Future Land Use designation and Land Use District(Zoning)Category.In
no case shall the subarea policy allow development potential greater than the underlying FLUM category or
Land Use(Zoning)District. A
3. Density Provisions.
a. For consistency with Policy 101.5.26, in order to implement the Florida Keys Carrying Capacity Study
and maintain the overall County allocated density and the preservation of native habitat, the allocated
density for the Coco Palms Affordable Housing Subarea shall be zero(0).
b. There shall be no maximum net density standard available for market rate dwelling units or transient units.
c. The maximum floor area ratio(F.A.R.)for all nonresidential uses within the subarea shall be zero. g
d. In accordance with Policy 101.5.25,the following density and intensity standards shall be applicable to
the Coco Palms Affordable Housing Subarea.
Estimated Maximum Development Potential w
Gross
Allocated Maximum Upland Open Buildable Development 0
.Land Use Net Space �,
Density Density Area of Ratio Area Potential ,U)
Site
Market Rate Dwelling
Units 0 du/acre N/A N/A N/A N/A 0 du/acre 2
Affordable Dwellin E
g 18 du/buildable 2.30 * �j
Units 0 du/acre acre acres* 0.20 1.84 33 du
Transient U nits 0 du/acre 0 du/acre N/A N/A N/A 0 du/acre
Nonresidential Uses 0.0 FAR N/A N/A N/A N/A 0 sf U)
*100,359 sf(2.3 acres)per survey by Frederick H.Hildebrandt,Island Surveying,Inc.,dated 12/5/17.
e)
4. Only the land uses listed below shall be permitted within the Coco Palms Affordable Housing Subarea. MI
a. Permitted as of right.
i. Deed restricted attached or detached affordable dwelling units involving less than six units, U)
designated as employee housing as provided for in LDC Section 139-1; c
ii. Accessory Uses;
iii. Replacement of deed restricted affordable dwelling units (mobile homes) which are as of the C
effective date of this Policy subject to Chapter 723, Florida Statutes, in the event of substantial
damage or destruction,for so long as such deed restricted affordable dwelling units(mobile homes) y
are subject to Ch. 723,Florida Statutes; and
iv. Non-conforming mobile homes existing as of the date of this policy may remain so long as they are C�
not substantially damaged or destroyed.All current occupants may remain under their current leases.
Upon expiration of any mobile home lease,in order to obtain a new lease,the tenant(s)must meet
the qualifications for affordable employee housing. U
b. Permitted as a minor conditional use subject to the standards and procedures set forth in the Monroe
County Land Development Code Chapter 110,Article III.
i. Attached or detached dwellings involving six to 18 units,designated as employee housing as provided M
for in LDC Section 139-1.
c. Permitted as a major conditional use subject to the standards and procedures set forth in Monroe County 0
Land Development Code Chapter 110,Article III: 0
i. Attached or detached dwellings involving more than 18 units, designated as employee housing as
provided for in LDC Section 139-1. X
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d. Permitted and Conditional use limitations. 4,
i. All residential units constructed within the subarea shall be deed restricted affordable in accordance
with Policy 601.1.4; �E
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ii. No market rate housing shall be allocated, assigned, transferred to the Coco Palms Affordable
Housing Subarea,or otherwise developed within the Coco Palms Affordable Housing Subarea;
iii. Properties within the Coco Palms Affordable Housing Subarea shall not be eligible sender sites for
affordable housing ROGO exemptions or TREs;
iv. No other residential or nonresidential uses shall be permitted within the subarea;and �E
V. All new residential units developed within the subarea shall be subject to the ROGO permit
allocation system and after development of the sixteen new units the resulting thirty-three(33)units
shall consist of nineteen(19)moderate income,seven(7)median income and seven(7)low income
affordable allocations. Once the sixteen (16) new employee housing units are developed, the CL
affordable housing income restrictions may be reconfigured within the property so as to insure
occupant(s)can meet the income requirements for the unit occupied.
(Ord.No.001-2019 , § 1,2-20-2019)
Policy 107.1.8 Sugarloaf School Workforce Housing Subarea
Development in the Sugarloaf School Workforce Housing Subarea shall be subject to the provisions applicable to
the Mixed Use/Commercial(MC)Future Land Use Map Designation,as set forth by the Monroe County Year 2030
Comprehensive Plan,and the Suburban Commercial(SC)Land Use District(Zoning)category.
The following additional restrictions shall apply:
1. Notwithstanding the maximum density set forth by Policy 101.5.25,the Maximum Net Density of the Sugarloaf
School Workforce Housing Area shall be 20 affordable dwelling units.
2. Nonresidential uses shall be prohibited. Accessory uses to the residential development, such as recreational
facilities,shall be permitted. C,
3. The maximum floor area ratio (FAR)for all nonresidential uses within the subarea shall be zero. E
4. For consistency with Policy 101.5.26, in order to implement the Florida Keys Carrying Capacity Study and U
maintain the overall County allocated density and the preservation of native habitat,the allocated density for
the Sugarloaf School Workforce Housing Subarea shall be zero(0).
5. There shall be no maximum net density standard available for market rate dwelling units or transient units.
6. All new residential units developed within the subarea shall be subject to the ROGO permit allocation system. U)
7. The Boundary of the Sugarloaf School Workforce Housing Subarea shall include approximately 2.81 acres of
upland,and is legally described as:
I
A part of Government Lot 2,Section 36,Township 66 South,Range 27 East, Sugarloaf Key,Monroe County, it'
Florida,being more particularly described as follow: U)
U)
COMMENCING at the Northeast corner of said Section 36,thence N89°47'35"W along the North line of the
said Section 36 for a distance of 1550.96 feet to the Northeast corner of lands described in Official Records
Book 2350, at Page 420 of the Public Records of Monroe County, Florida, said point bearing S89°47'35"EI
along the said North line of Section 36 a distance of 1089.00 feet measured from the East Right of Way line of
Crane Boulevard; thence S00°11'12"W along the East boundary line of the said lands described in Official �I
Records Book 2350.at Page 420 of the Public Records of Monroe County,Florida, for a distance of 65.66 feet
to the Point of Beginning of the parcel of land hereinafter described;thence continue S00°11'12"W along the
previously described course for a distance of 334.34 feet to the Southeast corner of lands described in Official
Records Book 2350, at Page 420 of the Public Records of Monroe County, Florida, for a distance of 366.27
feet to apoint;thence N00°11'12"E for a distance of 334.34 feet to appoint:thence S89°47'35"E for a distance
of 366.27 feet back to the Point of Beginning. Said parcel of land contains 122,458.33 square feet, more or
less. �
0
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E
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m 00118050-000000 �
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Sugarloaf Key
Mile Marker 19
(Ord.No.030-2019 , § 1, 8-21-2019)
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GOAL 108
The compatibility of lands adjacent to or closely proximate to the Boca Chica airfield of Naval Air Station Key West(NASKW)
pursuant to Sections 163.3175 and 163.3177,Florida Statutes,shall be achieved through the implementation of the Objectives
and Policies,incorporated herein.Achieved is defined as being consistent with the Objectives and Policies,incorporated herein. U)
(Ord.No.012-2012,DEO 12-IACSC-NOI-4401-(A)—(I),eff. 7-19-2012)
U)
Objective 108.1 �
y t y n uuuuuuuu,l,mr2iul�u,cd m�ua roc Naval Air Station Key Westin uuu��a Monroe Coup �uunul tii�u�o uunl h um ..uq ¢u..u�u�w,/�..ua u➢u�u.w i� �...luuu,
p y shall exchange information to encourage effective communication and coordination concerning compatible land U)
uses as defined herein. (Ord.No. 012-2012,DEO 12-IACSC-NOI-4401-(A)—(I),eff.7-19-2012) 2
C9
Policy 108.1.1
Monroe County shall transmit to the commanding officer of Naval Air Station Key West information relating to �I
proposed changes to comprehensive plans, plan amendments, Future Land Use Map amendments and proposed vi
changes to land development regulations which,if approved,would affect the intensity,density,or use of the land
adjacent to or in close proximity to the Naval Air Station Key West(within the Military Installation Area of Impact
(MIAI)). Pursuant to statutory requirements,Monroe County shall also transmit to the commanding officer copies
of applications for development orders requesting a variance or waiver from height requirements within areas
defined in Monroe County's comprehensive plan as being in the MIAL Monroe County shall provide the military U
installation an opportunity to review and comment on the proposed changes.(Ord.No.012-2012,DEO 12-lACSC-
NOI-4401-(A)—(I),eff.7-19-2012)
Policy 108.1.2
Monroe County shall coordinate with Naval Air Station Key West and the Department of Economic Opportunity 0
(State Land Planning Agency)to review Best Practices and provide guidance on recommended sound attenuation 0
options to be identified in development orders for optional implementation in new construction and redevelopment
of existing structures in areas located within the MIAL The list of recommended sound attenuation options may be x
based on the level of noise exposure, level of sound protection, and the type of residential construction or
manufactured housing that is proposed. Monroe County and the Naval Air Station Key West will coordinate with
the Department of Economic Opportunity to identify state and federal housing programs, and to develop �E
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informational literature to inform qualified homeowners of the availability of potential funds for sound attenuation.
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(Ord.No.012-2012,DEO 12-lACSC-NOI-4401-(A)—(I),eff. 7-19-2012)
Policy 108.1.3
Within 30 days from the date of receipt from Monroe County of proposed changes,the Naval Air Station Key West �E
commanding officer or his or her designee may provide comments to Monroe County on the impact proposed
changes may have on the mission of the military installation.Monroe County shall forward a copy of any comments A
regarding comprehensive plan amendments to the state land planning agency.The commanding officer's comments,
underlying studies,and reports shall not be binding on Monroe County.Monroe County shall take into consideration CL
any comments provided by the Naval Air Station Key West commanding officer or his or her designee and shall
also be sensitive to private property rights and not be unduly restrictive on those rights. (Ord.No. 012-2012,DEO
12-lACSC-NOI-4401-(A)—(I),eff.7-19-2012)
Policy 108.1.4
Monroe County shall include a representative of Naval Air Station Key West as an ex officio,nonvoting member of
Monroe County's Planning Commission.The NASKW ex officio member represents all military interests in Monroe `j
County. (Ord.No.012-2012,DEO 12-lACSC-NOI-4401-(A)—(I),eff. 7-19-2012) C
CL
Policy 108.1.5
Monroe County shall notify the Naval Air Station Key West commanding officer or his or her designee of any U)
development proposals that are scheduled for the Development Review Committee (DRC) at the earliest date
possible. NASKW may provide comments on proposals to the DRC. (Ord. No. 012-2012, DEO 12-lACSC-NOI-
4401-(A)—(I),eff.7-19-2012) C,
Policy 108.1.6 U
The Navy issued a Record of Decision on October 31, 2013, for the Final Environmental Impact Statement(EIS)
for Naval Air Station Key West Airfield Operations for future airfield operations at Naval Air Station Key West.
Monroe County shall work closely with the Navy throughout the life of the EIS and shall discourage the Navy from
increasing its operations at NASKW that negatively impact the surrounding community. (Ord.No. 012-2012,DEO U)
12-lACSC-NOI-4401-(A)—(I),eff.7-19-2012)
U)
Policy 108.1.7 MI
In order to protect the value, efficiency, cost-effectiveness, and amortized life of NASKW, pursuant to Section it'
380.0552(7)(h)4.,F.S.,protect the public health,safety,and welfare of the citizens of the Florida Keys,pursuant to
Section 380.0552 (7)(n),F.S.,and encourage compatibility,Monroe County will encourage the Navy to acquire all U)
land it is impacting with its operations and noise within any geographic area with 80+Day-Night Average Sound 0
Level(DNL),and any areas where an aircraft mishap could occur.(Ord.No.012-2012,DEO 12-lACSC-NOI-4401-
(A)—(I),eff. 7-19-2012) �
Objective 108.2
Monroe County shall consider the protection of public health, safety and welfare as a principal objective of compatible
land use planning on lands adjacent to or closely proximate to the Boca Chica airfield of NASKW. (Ord.No. 012-2012,
DEO 12-lACSC-NOI-4401-(A)—(I),eff. 7-19-2012)
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Policy 108.2.1
Monroe County shall adopt an overlay to the Future Land Use Map Series identifying the Military Installation Area
of Impact(MIAI)to define the zone of influence of NASKW;within which growth management policies shall guide :5
land use activities and uses in areas exposed to impacts generated by Navy operations. (Ord. No. 012-2012, DEO 0
12-lACSC-NOI-4401-(A)—(I),eff.7-19-2012) 0
Policy 108.2.2
Density and intensity standards and land uses established by the Future Land Use Element and Future Land Use
Map, on the effective date of this policy, for properties located within the MIAI overlay shall be recognized and
allowed to develop to the maximum development potential pursuant to the standards existing on the effective date �E
of this policy. (Ord.No. 012-2012,DEO 12-lACSC-NOI-4401-(A)—(I),eff. 7-19-2012)
Page 80 of 217
Packet Pg. 3473
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
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Policy 108.2.3
Monroe County and Naval Air Station Key West(NASKW)recognize the existing density and intensity, as of the
effective date of this policy, established by the Future Land Use Element and Future Land Use Map for property
adjacent to or closely proximate to NASKW. NASKW has indicated that it will not object to the issuance of
development orders,within the MIAI, if properties have development rights on Future Land Use Map, Land Use
District(Zoning)Map,approved development agreements or Section 380.032,F.S. agreements with the State Land
Planning Agency.NASKW may provide comments and suggest measures to mitigate potential impacts. (Ord.No.
012-2012,DEO 12-IACSC-NOI-4401-(A)—(I),eff. 7-19-2012)
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Policy 108.2.4
Existing development located within the MIAI overlay shall be recognized and allowed to redevelop. Further,the
property's established density and intensity standards and land uses provided by the Future Land Use Element and g
Future Land Use Map shall be recognized and allowed to redevelop to the maximum development potential pursuant
to the standards existing on the effective date of this policy.(Ord.No.012-2012,DEO 12-1 ACSC-NOI-4401-(A)—
(1),eff. 7-19-2012) `j
Policy 108.2.5
Monroe County will maintain the Future Land Use Map (FLUM) designations, for any application received after 0
the effective date of this policy, for properties located within the MIAI overlay. FLUM amendments that increase 2
density and/or intensity within the MIAI overlay received after the effective date of this policy, are not permitted
unless Monroe County transmits the requested FLUM amendment to NASKW,pursuant to Policy 108.1.1. Within
30 days of receipt,the NASKW commanding officer or his or her designee may provide comments on the proposed
amendment,based on appropriate data and analysis,to Monroe County indicating whether the property is located E
within a noise zone or land use incompatibility zone and whether the proposed density and/or intensity increase is U
incompatible with NASKW.
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If NASKW indicates the property is within a land use incompatibility zone,the Board of County Commissioners
shall adopt a resolution providing a finding determining whether the property is subject to the restrictions of U)
increasing density and/or intensity for the application filed for the property within the MIAI boundary. Monroe
County will maintain the FLUM designations for properties adjacent to or closely proximate to military installations U)
for which NASKW provided data and analysis,which meets the requirements of Section 163.3177(1)(f),F.S.,as of MI
the effective date of this policy,which supports a determination that the property is within a land use incompatibility it%
zone. Additionally, for FLUM amendments requesting an increase of density and/or intensity within a land use U)
incompatibility zone,Monroe County shall encourage the Navy to acquire these lands,pursuant to Policy 108.1.7, U)
for the protection of the public health,safety,and welfare of the citizens of the Florida Keys. i9
If NASKW indicates the property is within a noise zone, Monroe County may consider Future Land Use Maps
amendments requesting an increase in density and/or intensity within the MIAI overlay, with consideration of
comments and accompanying data and analysis,provided by the Naval Air Station Key West commanding officer 'I
or his or her designee. C14
• The Board of County Commissioners shall adopt a resolution providing a finding determining whether the R
property,within the MIAI boundary,is or is not subject to the restrictions on increasing density and/or intensity
for the application filed.
• After 90 days of the adoption of the Board of County Commission resolution, Monroe County will schedule
the required public hearings for the FLUM application requesting an increase in density and/or intensity,filed
for the property within the MIAI boundary.
The Board of County Commissioners may condition a granting of a resolution on a waiver of liability against or
indemnification of the County by the requesting property owner for any cause of action or claim based upon the c
current or future uses and operations at NASKW.(Ord.No.012-2012,DEO 12-IACSC-NOI-4401-(A)—(I),eff.7-
19-2012) X
Policy 108.2.6
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Page 81 of 217
Packet Pg. 3474
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Exhibit 1 Evaluation and Appraisal Review Amendments
For any application received after the effective date of this policy,within the MIAI overlay, Monroe County will
not approve NEW land uses, as demonstrated on the MIAI Land Use Table (permitted uses shown in Column 42),
through a Future Land Use Map,Text,overlay or LUD map amendment.
The MIAI Land Use Table provides the Future Land Use Map (FLUM) Categories (Column 1) as of the effective E
date of this policy and includes the permitted uses(Column 2),allocated density per acre(Column 3),maximum net
density per buildable acre(Column 4),the floor area ratio(Column 5),and corresponding zoning category(Column
6)within each FLUM category located within the MIAI boundary.Further the MIAI Land Use Table provides land
uses located within the 65-69 DNL Noise Zone 2 and NASKW's suggested land use compatibility within this noise 0.
zone. The table includes land uses allowed(Column 7),land uses allowed with restrictions (Column 8), land uses
that are generally incompatible but allowed with exceptions (Column 9) and the land uses that are not compatible
and should be prohibited. Column 11 provides notes associated with Columns 7, 8, 9 and 10 and indicates that
additional land uses may be permitted based upon existing the provisions adopted within the Comprehensive Plan. g
(Ord.No.012-2012,DEO 12-IACSC-NOI-4401-(A)—(I),eff. 7-19-2012)
[MIAI Land Use Table on following pages]
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*Uses Allowed with Restrictions.The land use and related structures are generally compatible.
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Note 1
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a)Although local conditions regarding the need for housing may require residential use in these Zones,residential use is discouraged in
DNL 65-69 and strongly discouraged in DNL 70-74.The absence of viable alternative development options should be determined
and an evaluation should be conducted locally prior to local approvals indicating that a demonstrated community need for the �
residential use would not be met if development were prohibited in these Zones.
b)Where the community determines that these uses roust be allowed,measures to achieve and outdoor to indoor Noise Level Reduction
(NLR)of at least 25 dB in DNL 65-69 and NLR of 30 dB in DNL 70-74 should be incorporated into building codes and be in individual
approvals;for transient housing a NLR of at least 35 dB should be incorporated in DNL 75-79.
c)Normal permanent construction can be expected to provide a NLR of 20 dB,thus the reduction requirernents are often stated as 5,10 or
15 dB over standard construction and normally assume mechanical ventilation,upgraded Sound Transmission Class(STC)ratings in
windows and doors and closed windows year round.Additional consideration should be given to modifying NLR levels based on 0
peak noise levels or vibrations. s—
d)NLR criteria will not eliminate outdoor noise problems.However,building location and site planning,design and use of berms and barriers L 1
can help mitigate outdoor noise exposure NLR particularly from ground level sources.Measures that reduce noise at a site should be
used wherever practical in preference to measures that only protect interior spaces.
Note 7 ds
Land use compatible provided special sound reinforcement systems are installed. E
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Exhibit 1 Evaluation and Appraisal Review Amendments
Note 8
Residential buildings require a NLR of 25
Note 25,30 or 35
The numbers refer to Noise Level Reduction levels.Land Use and related structures generally compatible however,measures to achieve NLR of
25,30 or 35 must be incorporated into design and construction of structures.However,measures to achieve an overall noise reduction do not qp
necessarily solve noise difficulties outside the structure and additional evaluation is warranted.Also,see notes indicated by superscripts where they
appear with one of these numbers. <
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**Uses Generally Incompatible(allowed with exceptions).The land use and related structures are generally incompatible. to
Note 1 CL
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a)Although local conditions regarding the need for housing may require residential use in these Zones,residential use is discouraged in
DNL 65-69 and strongly discouraged in DNL 70-74.The absence of viable alternative development options should be determined g3
and an evaluation should be conducted locally prior to local approvals indicating that a demonstrated community need for the
residential use would not be met if development were prohibited in these Zones.
b)Where the community determines that these uses roust be allowed,measures to achieve and outdoor to indoor Noise Level Reduction 0
(NLR)of at least 25 dB in DNL 65-69 and NLR of 30 dB in DNL 70-74 should be incorporated into building codes and be in individual *�
approvals;for transient housing a NLR of at least 35 dB should be incorporated in DNL 75-79.
c)Normal permanent construction can be expected to provide a NLR of 20 dB,thus the reduction requirerments are often stated as 5,10 or
15 dB over standard construction and normally assume mechanical ventilation,upgraded Sound Transmission Class(STC)ratings in `j
windows and doors and closed windows year round.Additional consideration should be given to modifying NLR levels based on
peak noise levels or vibrations.
d)NLR criteria will not eliminate outdoor noise problems.However,building location and site planning,design and use of berms and barriers
can help mitigate outdoor noise exposure NLR particularly from ground level sources.Measures that reduce noise at a site should be
used wherever practical in preference to measures that only protect interior spaces. U)
NLR(Noise Level Reduction)Noise Level Reduction(outdoor to indoor)to be achieved through incorporation of noise attenuation into the design
and construction of the structure.
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Policy 108.2.7
Nonresidential land uses expressly allowed within the residential Future Land Use Categories(see Column Vi
11 MIAI Land Use Table)as land uses permitted in the Land Development Regulations that were in effect q
immediately prior to the institution of the 2010 Comprehensive Plan(pre-2010 LDR's), and that lawfully �I
existed on such lands on January 4, 1996, shall be recognized through a "Letter of Development Rights
Determination"process and transmitted to the State Land Planning Agency. (Ord.No.012-2012,DEO 12-
lACSC-NOl-4401-(A)—(l),eff. 7-19-2012) U
Policy 108.2.8
Within the MIAI overlay, Monroe County may consider requests from property owners for reduction in
density and/or intensity or changes in uses that reduce incompatibility of land uses with Goal 108 and
associated Objectives and Policies. (Ord. No. 012-2012, DEO 12-lACSC-NOI-4401-(A)—(l), eff. 7-19- O
2012) 0
X
GOAL 111
Monroe County shall manage future growth to enhance the quality of life and safety of County residents,and prioritize a
the provision of affordable housing that is safe,code compliant,and resilient.To incentivize the supply of affordable
housing near employment centers,the County shall provide for the development of site-specific land use mechanisms,
Page 8
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Exhibit 1 Evaluation and Appraisal Review Amendments
limited to density increases up to a maximum of 40 affordable dwelling units per buildable acre,transfer of ROGO U)
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exemptions within the Lower Keys,modification to height,and alternate off-street parking requirements,to augment
the development potential to address the inadequate availability of affordable housing in the Lower Keys.
This Goal shall only be available to properties within the Residential High (RH) Future Land Use Map (FLUM)
category on Stock Island,as established through a site specific subarea policy. E
Objective 111.1 A
Monroe Countyshall create site-specific subareas located in Stock Island which provide density increases a to
P P h' � P
a maximum of 40 affordable dwelling units per buildable acre for developing affordable housing in suitable areas
located in close proximity to an employment center(Key West). Such site specific subareas may facilitate the
transfer of ROGO exemptions(TREs),may vary off-street parking requirements,and may allow for up to three
(3) stories within the building height envelope. All site-specific areas located on Stock Island shall require a C
Policy defining the development restrictions and allowances for the site. 2
Policy 111.1.1 Stock Island Workforce Subarea 1
Development of affordable housing in the Stock Island Workforce Subarea 1 shall be subject to regulations
applicable to the Residential High(RH)Future Land Use Designation except as provided below:
1. Notwithstanding the density standards set forth in Policy 101.5.25,the Maximum Net Density of the
Stock Island Workforce Subarea 1 shall be 280 affordable dwelling units at a density of 40 dwelling
units per buildable acre for property within the UR zoning district and shall not require transferable U)
development rights. The income categories for the 280 units shall consist of 112 moderate income
units, 98 median income units, and 70 low income units. If fewer than 280 units are built, the
distribution of income categories for units built shall be 40%moderate income,35%median income,
and 25%low income. 0
2. There shall be no allocated or maximum net density standard available for market rate dwelling units U
or transient units.
3. The maximum floor area ratio (FAR) for all nonresidential uses within the subarea shall be zero. A
shoreside support facility associated with a mooring field may be permitted as an accessory use
associated with the Wreckers Cay project within the RH FLUM and UR Zoning District.
4. The Eighty(80)lawfully established market rate dwelling units may be transferred within Stock Island
upon approval of a minor conditional use permit following the approval of a development agreement U)
associated with the Wreckers Cay project.Additionally,all of the following criteria shall apply: MI
a. No sender units may be transferred to an area where there are inadequate facilities and services.
b. Transfer off-site shall consist of the demolition of the dwelling unit on the sender site. U)
c. Transfer of Lawfully Established Unit Types: c
i. Transfer of a transient unit. A lawfully established hotel room, motel room, campground
space, or recreational vehicle space may be transferred off-site to another hotel, motel,
campground or recreational vehicle park. I
ii. Transfer of a market rate unit.A lawfully established permanent market rate dwelling unit vi
may be transferred to a receiver site and developed as a market unit,provided that one of qI
the following is satisfied: NI
1. A 99 year deed-restricted affordable housing unit,pursuant to Sections 101-1 and 139-
1,is redeveloped on the sender site;or
2. The sender site is dedicated to Monroe County for the development of affordable U
housing and an in-lieu fee per unit,based on the current maximum sales price for a
one-bedroom affordable unit as established under Section 139-1(a), is paid to the
affordable housing trust fund;or
3. A 99 year deed-restricted affordable housing unit,pursuant to Sections 101-1 and 139-
1, is developed on a Tier III property (single-family residential lots or parcels) and 0
the dwelling unit on the sender site is demolished and the sender site is restored. 0
d. The Receiver Site shall meet all of the following criteria: V_
i. The Future Land Use category and Land Use (Zoning) District must allow the requested x
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use.
ii. Must meet the adopted density standards.
iii. Includes all infrastructure (potable water, adequate wastewater treatment and disposal E
wastewater meeting adopted LOS,paved roads,etc.).
Page 9
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Exhibit 1 Evaluation and Appraisal Review Amendments
iv. Located within a Tier III designated area. U)
v. Structures are not located in a velocity(V)zone or within a CBRS unit.
vi. Receiver sites in the Day-Night Average Sound Level (DNL) 65-69 must incorporate
measures to achieve an outdoor to indoor Noise Level Reduction(NLR)of at least 25 dB.
vii. Receiver sites in the DNL 70-74 must incorporate measures to achieve an outdoor to E
indoor NLR of at least 35 dB.
viii. Receiver sites for transient housing in the 75-79 DNL must incorporate measures to U)
achieve an outdoor to indoor NLR of at least 35 dB.
e. Building permits for the eighty (80) market rate dwelling units transferred off-site cannot be
issued until the 280 affordable dwelling units are issued building permits and obtain approved
footer inspections.
f. No certificates of occupancy shall be issued on the eighty (80) market rate dwelling units
transferred off-site until all of the 280 affordable dwelling units receive a certificate of g
occupancy.
5. The height of any new structure associated with the redevelopment of the Wrecker's Cay Property
shall not have any habitable floor area above 38 feet from grade: mechanical equipment and
architectural features utilized to hide mechanical equipment,including parapets,may be up to 44 feet
above grade; and such structures may contain three(3)habitable floors.
6. Parking requirements may be varied in the Development Agreement as approved by the Board of
County Commissioners.
7. Nonresidential uses shall be prohibited.Accessory uses to the residential development,such as a club
house or recreational facilities, are permitted.A shoreside support facility associated with a mooring
field may be permitted as an accessory use associated with the Wreckers Cay project within the RH
FLUM and UR Zoning District. E
8. All new residential units developed within the Stock Island Workforce Subarea 1 shall be subject to U
the ROGO permit allocation system.
9. The protest procedures set forth within Section 102-158(d)(8)are applicable to applications submitted 2
under this Policy 111.1.1.
10. A development agreement shall be required for any proposed development of an affordable housing U)
project within the Stock Island Workforce Subarea 1.
11. All new affordable units developed within the Stock Island Workforce Subarea 1 shall require U)
occupants to derive at least seventy percent (70%) of their household income from gainful MI
employment in Monroe County. '
12. The boundary for the Stock Island Workforce Subarea 1 is legally described as: U)
A parcel of land in Maloney's Subdivision of Stock Island,according to the plat thereof,as recorded U)
in Plat Book 1, Page 55 of the Public Records of Monroe County, Florida and being bounded and 0
described as follows:
Begin at the intersection of the centerline of Laurel Avenue and the east right-of-way line of Second
Street,thence East along the centerline of Laurel Avenue and its easterly projection for a distance of
1,486 feet, more or less, to a point on the apparent shoreline of said Boca Chica Channel, thence �I
meander said shoreline for the following eight courses:
(1) thence Southwesterly for a distance of 8 feet;
(2) thence Westerly for a distance of 934 feet;
(3) thence Southeasterly for a distance of 548 feet;
(4) thence Northeasterly for a distance of 152 feet; U
(5) thence Southeasterly and Southwesterly for a distance of 150 feet;
(6) thence Northeasterly for a distance of 150 feet;
(7) thence Southwesterly for a distance of 389 feet;
(8) thence Southeasterly for a distance of 58 feet,more or less,to a point on the north right-of-way
line of First Avenue; 0
thence bear S 14°51'45"E for a distance of 26.10 feet to a point on the centerline of First Avenue;
thence West along the centerline of First Avenue for a distance of 235.00 feet;
thence North at right angles for a distance of 30.00 feet to a point on the north right-of-way line of
First Avenue;thence West at right angles along the said north right-of-way line a distance of 24 feet
to the southwest corner of Block 33 of said Plat,thence North at right angles on the west line of Block
33 a distance of 125 feet, thence West at right angles a distance of 300 feet, thence South at right
Page 9
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Exhibit 1 Evaluation and Appraisal Review Amendments
angles along the east boundary line of Lot 16,Block 34,of said Plat a distance of 125 feet to a point U)
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on the north right-of-way line of First Avenue,thence West along the north right-of-way line of First
Avenue to a point of intersection with northeasterly right-of-way line of Maloney Avenue Per FDOT
R/W map Section 90550-2608,thence bear N47°17'00"W along the said right-of-way line to a point C
of curvature, said curve having for its elements a radius of 985.37 feet and a chord bearing
N52°21'51"W a chord distance of 174.53,thence along said curve for an arc length of 174.76 feet to <
the point of intersection with the east right-of-way line of Second Street,thence North along the east A
right-of-way line of Second Street for a distance of 435.31 feet to the centerline of Laurel Avenue and
the Point of Beginning. CL
CONTAINING 9.1 ACRES,MORE OR LESS
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Exhibit 1 Evaluation and Appraisal Review Amendments
3.2 - CONSERVATION AND COASTAL MANAGEMENT
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GOAL 201
To ensure that air quality is maintained at the highest levels, Monroe County shall continue to meet all attainment
standards set by the State of Florida and the U.S.Environmental Protection Agency(EPA). [F.S. § 163.3177(6)d.2.a.] <
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Objective 201.1 A
Monroe County shall continue to maintain existing ambient air quality levels in compliance with the National
Ambient Air Quality Standards(NAAQS). [F.S. § 163.3177(6)d.2.a.]
d
Policy 201.1.1
Monroe County, in coordination with local Florida Department of Environmental Protection (FDEP)
representatives, shall review the annual air quality monitoring data for Monroe County. Any violations of .2
the NAAQS or trends in ambient air quality shall be reported to the BOCC. [F.S. § 163.3177(6)d.2.a.]
Policy 201.1.2
Development Orders shall u a u.V J a i qt9 e;i-that land areas exposed during construction be treated with
mulch, spray, grass or other appropriate methods in order to minimize air pollution. [F.S. §
163.3177(6)d.2.a.]
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Policy 201.1.3
All resource extraction activities shall comply with FDEP standards designed to minimize point sources of
air pollution. [F.S. § 163.3177(6)d.2.a.] C,
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Policy 201.1.4 U
Monroe County shall support state government programs to regulate petroleum and gasoline storage
facilities with an emphasis on controlling VOC emissions. [F.S. § 163.3177(6)d.2.a.] _
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GOAL 202
The environmental quality of Monroe County's estuaries, nearshore waters (canals, harbors, bays, lakes and tidal
streams,) and associated marine resources shall be maintained and, where possible, improved or restored. [F.S. § U)
163.3177(6)d.2.b.,e.]
Objective 202.1 U)
Monroe County shall continue to work cooperatively with the U.S. Environmental Protection Agency (EPA), c
the FDEP,the South Florida Water Management District(SFWMD),and the National Oceanic and Atmospheric
Administration (NOAA) to implement the Water Quality Protection Program (WQPP) for the Florida Keys
National Marine Sanctuary. [F.S. § 163.3177(6)d.2.b.,e.]
vi
Policy 202.1.1
Monroe County shall continue to coordinate with EPA,FDEP,SFWMD and NOAA to document pollutant
loads for Florida Keys waters. [F.S. § 163.3177(6)d.2.b.,e.]
Policy 202.1.2 U
Monroe County shall maintain and implement permitting,inspection,and enforcement procedures designed
to reduce pollutant discharges into ground and surface waters from on-site disposal systems and wastewater
treatment plants. (See Goal 901 and related objectives and policies.) [F.S. § 163.3177(6)d.2.b.,e.]
Policy 202.1.3 0
Recognizing impaired water quality in many canal systems in the Florida Keys,Monroe County shall work 0
cooperatively with FDEP,EPA,the Florida Keys National Marine Sanctuary(FKNMS)and the U.S.Army T°
Corps of Engineers (USAGE) to identify any water quality issues and permitting assistance and X
recommendations related to the use of aerators, bubble curtains, pumping from front to back in canals,
partial backfilling to make the canals shallower,flow improvement culverts in dead end canals to connect
E
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with other canals or near shore waters, flow improvement in plugged canals that are not currently open to
tidal flow,and utilization of weed restriction devices in canal systems. [F.S. § 163.3177(6)d.2.b.,e.]
Objective 202.2
Monroe County shall develop and implement permitting, inspection, and enforcement procedures designed to E
reduce pollutant discharge into surface waters.
ra
2A
Policy 202.2.1 Monroe County shall maintain regulations in the Monroe County Code pertaining to the
disposal of fish and shellfish by-products from seafood processing facilities,including the following: CL
1. by-products shall not be dumped into surface waters or wastewater disposal systems;
2. by-products shall be disposed of as solid waste; and
3. consideration shall be given to suitable reuse of by-products. [F.S. § 163.3177(6)d.2.b.,e.]
Policy County shall
aM:puquuuuua,Io-evaluate options for reducing the amount of fish and lobster cleaning offal that is discharged
into canals.This evaluation should include public facilities such as marinas and private areas such as private W
backyard docks.
Options to be considered shall include,but not be limited to:
(a) encouraging carcasses be macerated for chum (put in bags and frozen for a subsequent trip), 0
deposited in an air-tight container for routine refuse pickup, or hauled away by a commercial °U)
chum or trap fisherman on contract; and �
(b) encouraging the public through an educational signage and awareness program on water quality.
u
Objective 202.3 E
Monroe County shall support existing vessel discharge regulations,including the No Discharge Zone regulations U
of the Florida Keys National Marine Sanctuary,and encourage use and expansion of sewage pump-out facilities
throughout Monroe County to reduce pollutant discharges into nearshore surface waters from live-aboard vessels
uuu uuaauau . iu m'I]puyn�e uu] u d .ibliTy i_gl auuui s fdu ��l➢ sI � a ,u� ���sel- _ _ _ r _ M _ j g _ _, _ �M_ _ _ _
➢uua uul;la uu-0ue ➢_Va rkhi_��a.yr. [F.S. § 163.3177(6)d.2.b.,e.]
a�
Policy 202.3.1 U)
--4 io-seas ua~op l-iauwaut Jllao, Monroe County shall uua-opa -awl MI
maintain regulations pertaining to docked or moored to land live-aboard vessels which:
1. prohibit living on board vessels and floating structures of any type except at marine facilities,including U)
marinas, and within commercial fishing areas and commercial fishing special districts,with oiI-_!,jae. 0
fixed pump-out s Ml_u u n l ss:i U-4es; and 0
2. require that new and existing marine facilities,including marinas,with ten slips or more,or one live-
aboard slip,provide al a oi_p-r ju e fixed pump-out r;y_r:;l a�u un 4uu iom; and I
3. require all marinas, regardless of size, to provide signage conspicuously posted at dockage sites R
educating the live-aboard public about the importance of pumping out and giving clear directions to MI
the nearest pump-out➢a a.dln 01 4al'AI+)Ms. [F.S. § 163.3177(6)d.2.b.,e.] R
I
Policy 202.3.2
Existing marine facilities,including marinas,which do not have an on-site a a,l_pumpout r;yr:;�a u un,�uu4aauus,
as identified through the Monroe County Marine Facility Survey or other best available data sources,shall
be notified in writing of the requirements for on-sitea�,l;_pumpout r�yr;�a uuulap::uUieiu�u and signage (and any
available funding assistance,such as the DEP Clean Vessel Act grant program)wi4ilu 1 -uunasuu4lh;u;u �8
uappu4iaus apt�1 -2p:ap- ;'usuuupauB a,suva ➢ puusu. Such marine facilities and marinas shall have 12 months from
the written notification to provide an on-site uXe I-pumpout Iyr;�auwi slifliom and associated signage. All LM
marine facilities and marinas which are required to provide on-site fixed-pumpout <y__rlaMu''n 4uu�i u s are c
required to keep those pumpout<y_rlaMpin<; 4uu�ii-)os operational, and ensure that pumpout service is available
to the patrons of those marine facilities and marinas. X
Policy 202.3.3
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Development of the management recommendations for live-aboard vessels shall be coordinated with U)
C
NOAA to ensure consistency with recommendations of the Florida Keys National Marine Sanctuary
Revised Management Plan. [F.S. § 163.3177(6)d.2.b.,e.]
Policy 202.3.4
xfl T44e-, h-)P o Monroe County shall a opl
FUs 4,4)ms-lo uun„uu a uuuuu i,�_uula� lna ur; uua,,a dSLd_the Monroe County Code pertaining to live-aboard vessels, A
either in mooring fields or free-anchored, which establish the following (regulations pertaining to free-
anchored vessels may require additional authorization by state statute): CL
1. Minimum depth criteria;
2. Availability of appropriate shoreside access (except for short-term recreational mooring sites - See
Policy 203.5.2);
3. Pumpout service availability; g
4. Availability or provision of shoreside facilities(such as parking and solid waste disposal);
5. Registration and fee structure for live-aboard mooring fields; iimd
6. Impact fee provisions for long-term free-anchored live-aboards;_4_uu;u,4:. >
§ 163.3177(6)d.2.b.,e.] �
CL
Policy 202.3.5 a�
� lu� ass 4 -ya u4; �➢wa �:1�pa4i�s Hsu 41u a z 0. 4 ss sir B aso- �v Plao,;Monroe County will evaluate Jf U)
there irs_dl need to develop a plan for providing pump-out services at county-owned facilities,qua y_a tt�.�_�➢ua;,m �
utn� a➢a_ a<<a�➢mfau.u,ungaa uu�,_rlauvk,,:,,. [F.S. § 163.3177(6)d.2.b.,e.] ass
CL
Policy 202.3.6 E
The County shall encourage new and existing redeveloping or expanding marinas to adopt Best U
Management Practices as recommended by Florida Department of Environmental Protection's Clean
Marina Program.
Objective 202.4
Monroe County shall maintain land development regulations which implement county policies controlling
pollutant discharges into surface waters from dredge and fill activities. [F.S. § 163.3177(6)d.2.b.,e.]
I
Policy 202.4.1
Monroe County shall support state and federal policies and regulations concerning the permitting of dredge U)
and fill activity, except in those instances where more stringent regulations adopted by Monroe County U)
shall be maintained. [F.S. § 163.3177(6)d.2.b.,e.]
Policy 202.4.2I
No new dredging shall be permitted in Monroe County. [F.S. § 163.3177(6)d.2.b.,e.]
I
Policy 202.4.3 C14
No maintenance dredging shall be permitted within areas vegetated with seagrass beds or characterized by
hardbottom communities, except for maintenance in public navigation channels; in canal restoration
projects pursuant to Policy 202.4.7:or in the manmade artificial canals of Duck Key (MM 61),pursuant to
Florida Department of Environmental Protection and U.S. Army Corps of Engineers permits, to restore
navigational access obstructed by natural depositions, subject to the requirements in Policy 202.4.4. [F.S.
§ 163.3177(6)d.2.b.,e.] (Ord.No. 010-2018, § 1,5-16-2018)
Policy 202.4.4
Within the manmade artificial canals of Duck Key(MM 61).maintenance dredging within areas vegetated c
with seagrass beds or characterized by hardbottom communities may be permitted to restore navigational
access,provided that: X
1 Shoaling or natural deposition has obstructed or reduced reasonable access to open water;
2. The maintenance dredging cannot be used to dredge natural barriers (areas that have not been a
previously dredged)separating canals from adjacent wetlands and/or other surface waters; E
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3. The maintenance dredging shall not exceed depths greater than minus six (-6) feet mean low
water,or to the depths of refusal(rock),whichever is more restrictive(e.g.the shallowest depth
shall control); 'a
4. The maintenance dredging methodology shall not cause degradation of water quality or C
secondary and/or cumulative impacts to surrounding benthic resources; E
5. Turbidity controls shall be used to prevent reduction of light availability to seagrasses and
increased sedimentation in adjacent surface waters and benthic resources;
6. The quantity of mitigation for seagrass/hardbottom community resource impacts shall meet the
requirements specified by the State of Florida's Uniform Mitigation Assessment Method CL
(UMAM); and
7. The proposed maintenance dredging is in the "public interest" (for the purposes of this policy,
"public interest"means demonstrable environmental,social,and economic benefits which would
accrue to the public at large as a result of a proposed action).The applicant shall be responsible g
for providing justification that the proposed maintenance dredging is in the"public interest."
(Ord.No.010-2018 , § 1,5-16-2018)
Policy 202.4.5
In order to prevent degradation of bottom vegetation, maintenance dredging in artificial waterways shallCL
not exceed depths greater than minus six(-6)feet mean low water.This policy does not apply to the entrance 0
channels into Key West Harbor and Safe Harbor. [F.S. § 163.3177(6)d.2.b., e.] (Ord.No. 010-2018 , § 1, °U)
5-16-2018)
Policy 202.4.6 C,
All dredged spoil resulting from maintenance dredging shall be placed on permitted upland sites where E
drainage can be contained on-site. [F.S. § 163.3177(6)d.2.b.,e.] (Ord.No. 010-2018 , § 1,5-16-2018) U
Policy 202.4.7
Due to the physical structure,depth, and orientation of existing canals,water quality problems have been
caused which cannot be improved with wastewater treatment and stormwater management practices alone. U)
To implement the 2013 Monroe County Canal Management Master Plan and improve water quality in
artificial canals, the County is developing canal restoration projects to improve tidal flushing, increase
dissolved oxygen concentrations as identified in the surface water quality criteria in Ch. 62-302.530, E
F.A.C.,and remove accumulated nutrients and decomposing organic material.
U)
Canal restoration projects, developed to determine the effectiveness of water quality strategies of the U)
Florida Keys National Marine Sanctuary Water Quality Protection Program,which are performed or funded
by public entities (County, State, or Federal) for organic material removal and backfilled to a depth of 6
feet-8 feet, or an alternative depth as determined by best available scientific data and authorized by they
state and federal permitting agencies, from artificial canals characterized as having poor or fair water R
quality within the 2013 Monroe County Canal Management Master Plan are exempt from the provisions in �I
Policy 202.8.4. �I
Two (2) demonstration pilot canal restoration projects will remove decomposing organic material from
previously dredged artificial canals(down to the bedrock)without backfilling.To evaluate the effectiveness
of this removal strategy, without any backfilling, and to determine if water quality can be restored and U
maintained,water quality monitoring of these two(2)organic removal pilot projects shall be conducted at
a two (2)year point of time and a ten(10)year point of time after completion of the pilot projects. After
the two (2)year and ten (10)year monitoring, the County shall request a water quality report from the
Water Quality Protection Program (WQPP) to determine the pilot projects' effectiveness in improving
dissolved oxygen concentrations, as identified in the surface water quality criteria in Ch. 62-302.530, 0
F.A.C.,in the two(2)organic removal pilot projects canals.If the WQPP does not provide the water quality
report,the County shall fund and conduct the water quality report. If the water quality report for the two X
(2)year monitoring indicates improved water quality,additional canal restoration projects,beyond the two
(2)pilot projects,to perform organic material removal to depths greater than minus six(-6)feet mean low C
water without backfilling to 6 feet-8 feet may proceed.
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Upon determination of the two (2) pilot projects' effectiveness and an amendment to this Policy, the
exemption to the provisions in Policy 202.8.4 may be expanded beyond public entities (County, State,or 0
Federal)for organic material removal of previously dredged artificial canals characterized as having poor
or fair water quality within the 2013 Monroe County Canal Management Master Plan.The organic material
removal shall be allowed to depths greater than minus six(-6)feet mean low water,if permitted by Florida �E
Department of Environmental Protection or the Water Management District and the Army Corp of
Engineers.
A
For this policy, hydraulic (vacuum) dredging shall be considered the preferred means of removal of the CL
organic material.If hydraulic dredging is not proposed to accomplish the organic material removal,a public
hearing before the Board of County Commissioners(BOCC)shall be required prior to issuance of a county
permit. The BOCC shall hold a public hearing on the request to use an alternative dredging methodology
and shall consider the cost, rationale, compatibility, complications and public comments. The public g
hearing shall provide the applicant the opportunity to address the issues regarding the proposed canal
restoration project, including but not limited to, sediment size, logistical/accessibility limitations,
obstructions and/or equipment constraints.The BOCC may grant,grant with conditions or deny the request `j
to use an alternative dredging methodology.(Ord.No.001-2015,15-2ACSC-NOI-4401-(A)—(I);Ord.No.
010-2018 , § 1,5-16-2018)
CL
Policy 202.4.8
No "after-the-fact" permits shall be issued that violate Monroe County dredge and fill regulations. All
illegal structures and fill shall be removed and damages mitigated. [F.S. § 163.3177(6)d.2.b.,e.] (Ord.No.
010-2018 , § 1,5-16-2018) C,
Objective 202.5 U
Monroe County shall continue to coordinate with other local governments and with state and federal agencies to
address existing and regional water management practices on the Florida mainland which may affect:
1. the conservation, use and protection of water quality, marine benthic communities, and fisheries in
Florida Bay; and U)
2. the wetlands, unique vegetative communities, and species of special status on mainland Monroe
County. [F.S. § 163.3177(6)d.2.b.,e.,g.]
I
Policy 202.5.1
Monroe County shall meet periodically with agencies and local governments in the region to discuss water U)
management practices and potential issues related to: 0
1. the delivery of water,both in terms of quantity and quality,to Card Sound,Barnes Sound and Florida 0
Bay; and
2. alternatives to offshore disposal of waste. I
These agencies and local governments may include: I
1. National Park Service; C14
2. Florida Department of Environmental Protection; gal
3. South Florida Water Management District;
4. Miami-Dade County;
5. Collier County;
6. South Florida Regional Planning Council; and
7. Environmental Protection Agency. [F.S. § 163.3177(6)d.2.b.,e.,g.]
Policy 202.5.2
Monroe County shall monitor and provide input on future revisions to the following plans: c
1. Surface Water Improvement and Management Plan for the Everglades;
2. Surface Water Improvement and Management Plan for Biscayne Bay; X
3. any additional Surface Water Improvement and Management Plans which may be completed for
Monroe County waters;
4. Everglades National Park General Management Plan; and E
5. Big Cypress National Preserve General Management Plan. [F.S. § 163.3177(6)d.2.b.,e.,g.]
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GOAL 203
The health and integrity of living marine resources and marine habitat,including mangroves,seagrasses,coral reefs,
other hard bottom communities and fisheries,shall be protected and,where possible,restored and enhanced. [F.S. §
163.3177(6)d.2.b.,e.,j.]
Objective 203.1
Monroe County shall protect its mangrove wetlands by continuing to implement regulations which will further
reduce disturbances to mangroves and which will mitigate the direct and indirect impacts of development upon
mangroves. [F.S. § 163.3177(6)d.2.b.,e.,j.]
Policy 203.1.1
The open space requirement for mangrove wetlands shall be one hundred(100)percent.No fill or structures g
shall be permitted in mangrove wetlands except for elevated, pile-supported walkways, raJL r;uufata u_Da,d
laa a'_lfled ulu_j'°ol ,Y_204 2�,j.,_docks,piers and utility pilings. [F.S. § 163.3177(6)d.2.b.,e.,j.] �
Policy 203.1.2 C
Monroe County shall require minimum vegetated setbacks of fifty (50) feet to be maintained as an open .2
space buffer for development occurring adjacent to all types of wetlands except for tidally inundated 0
mangrove fringes and as provided for in Policy 204.2.3,204.2.4 and 204.2.5.If a 50-foot setback results in °U)
less than 2,000 square feet of principal structure footprint of reasonable configuration,then the setback may
be reduced to allow for 2,000 square feet of principal structure footprint of reasonable configuration,
provided that the setback is not reduced to less than twenty-five (25) feet. On properties classified as C,
scarified adjacent to wetlands,the wetland setback may be reduced to twenty-five(25)feet,without regard E
to buildable area,if the entire setback is managed in accordance with County regulations approved by the U
County Biologist and is placed under conservation easement. [F.S. § 163.3177(6)d.2.b.,e.,j.]
a�
Objective 203.2
Monroe County shall protect submerged lands vegetated with seagrasses by maintaining regulations which U)
further reduce direct and indirect disturbances to seagrasses. [F.S. § 163.3177(6)d.2.b.,e.]
U)
Policy 203.2.1 Monroe County shall continue to prohibit the location of mooring sites over submerged land MI
which is vegetated with seagrasses or characterized by a hard-bottom community,regardless of water depth, it'
except as may be permitted by the FDEP. This prohibition shall not apply to mooring fields,if there is an U)
overriding public interest or benefit. Applicants for mooring fields shall provide data and analysis 0
demonstrating environmental,social,and economic benefits which would accrue to the public at large as a 0
result of a proposed facility. [F.S. § 163.3177(6)d.2.b.,e.]
I
Policy 203.2.2 Monroe County shall continue to prohibit the termination of docking facilities and piers
over submerged land which is vegetated with seagrasses or characterized by a hard-bottom community, �I
regardless of water depth, except as may be permitted by the FDEP. Design criteria to permit sunlight to
reach the bottom shall be maintained. No boat shelters or gazebos shall extend over submerged lands
vegetated with seagrasses or over hardbottom communities. [F.S. § 163.3177(6)d.2.b.,e.]
Policy 203.2.3 Monroe County shall continue to:
1. prohibit new dredging in the Florida Keys; and
2. prohibit maintenance dredging within areas vegetated with seagrass beds except for maintenance
dredging in public navigation channels and as provided in Policy 202.4.3 for canals. (See Objective 9
202.4 and related policies.) [F.S. § 163.3177(6)d.2.d.,e.]
O
0
Policy 203.2.4 Monroe County shall continue to support the public education program for users of the
Florida Keys National Marine Sanctuary as outlined in the Florida Keys National Marine Sanctuary X
Revised Management Plan (U.S. Dept. of Commerce, NOAA). This program promotes user education
related to,among other items,seagrass bed conservation and navigational safety in nearshore waters. [F.S. a
§ 163.3177(6)d.2.d.,e.]
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Objective 203.3 U)
Monroe County shall continue to support state and federal agencies in development and implementation of
management measures designed to protect coral reefs and other hardbottom communities located in the waters
off the Florida Keys. [F.S. § 163.3177(6)d.2.d.,e.]
Policy 203.3.1
Monroe County shall continue to support the public education program for users of the Florida Keys A
National Marine Sanctuary as outlined in the Florida Keys National Marine Sanctuary Revised @
Management Plan(U.S. Dept. of Commerce,NOAA). This program promotes user education related to, CL
among other items,coral reef conservation and navigational safety. [F.S. § 163.3177(6)d.2.d.,e.,f.]
Policy 203.3.2
Monroe County shall continue to protect, preserve, and enhance the coral reefs and other hardbottom g
communities through its land development regulations which address water quality(See Conservation and
Coastal Management Element Goal 202 and related objectives and policies),including efforts to:
1. limit the location of water-dependent activities to locations that will not have a significant adverse `j
impact on the offshore resources of hard coral bottoms and other hardbottom communities;
2. control and regulate land and water activities in the vicinity of coral and other hardbottom communities
CL
as identified in the Florida Keys Coastal Management Study in an effort to arrest further deterioration; 0
and °U)
3. include the strategies identified in the Florida Keys National Marine Sanctuary Revised Management
Plan. [F.S. § 163.3177(6)d.2.d.,e.,f.]
CL
Policy 203.3.3 E
Monroe County shall support the objectives and action steps of the Florida Reef Resilience Program t3
Climate Change Action Plan for the Florida Reef System.In addition to supporting actions to protect coral
reefs,the County shall also support the actions as they may apply to other hardbottom communities. This
includes the following actions identified in that Plan:
U)
Action 1.2.4:Protect species and habitats that are highly vulnerable to climate change(e.g.corals,marine
turtles, mangroves, etc.) from non-climate pressures (e.g. direct damage from divers, fishing gear,
anchors or boats,beach nourishment,coastal construction impacts,land-based sources of pollution). MI
Action 1.2.6: Prohibit any new dredging or other direct destruction of coral reefs. U)
U)
Action 1.3.3: Consider limiting certain kinds of development that are at risk from sea level rise.
Action 1.4.4: Work through the proposed Florida Reef System Management Council (or other
appropriate venue) to revise regulations on coastal development and beach nourishment projects to
minimize sedimentation,storm water runoff,and other water quality impacts to the Florida reef system. �I
Action 1.6.3: Work with local fishing,boating, and diving industries to promote minimum impact reef
use activities (e.g. appropriate fishing gear, catch-and-release fishing, trip-rigged anchors and manual
anchor placement in sand) and voluntary avoidance of bleached, diseased or otherwise stressed coral
t3
reefs.
c�
Action 2.2.2: Involve community members, elected officials, visitors and Florida diving, fishing, and
other maritime industries in climate change science and monitoring efforts on the Florida Reef System. E
Action 2.3.4: Identify, support, and showcase "climate smart" coastal/marine organizations and c
businesses (including reef-based industries,ports and harbors, local governments and individuals)that
increase sustainability of reef-related activities and reduce greenhouse gas emissions,such as energy and X
water efficiency,alternative energy and carbon offsets. w
E
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Objective 203.4 U)
Monroe County shall support state and federal agencies in development and implementation of management
measures designed to protect the fisheries of the Florida Keys. [F.S. § 163.3177(6)d.2.d.—g.]
Policy 203.4.1
Monroe County shall periodically coordinate with FWC and other applicable agencies to encourage best
practices to protect natural habitats in regards to commercial and recreational fishing gear and methods. U)
CL
Policy 203.4.2 CL
Monroe County shall continue to propose actions for consideration by the Florida Fish & Wildlife
Conservation Commission Division of Marine Fisheries Management and the National Marine Fisheries
Service designed to reduce adverse impacts of the Spiny Lobster Sport Season on the lobster fishery and
sensitive marine resources of the Florida Keys. [F.S. § 163.3177(6)d.2.e.]
Policy 203.4.3
Monroe County shall periodically meet with the Florida Fish and Wildlife Conservation Commission
Division of Marine Fisheries Management,State and federal agencies,and research organizations to assess
measures which could be implemented by Monroe County to protect the fisheries of the Florida Keys.To
the extent practicable,Monroe County shall take steps to implement such protection measures as may be
identified through this cooperative effort. [F.S. § 163.3177(6)d.2.e.]
Policy 203.4.4
Monroe County shall support the efforts of the agencies having jurisdiction to implement the Florida Keys C,
National Marine Sanctuary Revised Management Plan. [F.S. § 163.3177(6)d.2.e.] E
0
U
Policy 203.4.5 'a
Monroe County shall continue to support scientific studies regarding stresses on seagrass,coral and other 2
hardbottom community ecosystems in the Florida Keys region. [F.S. § 163.3177(6)d.2.e.]
U)
Policy 203.4.6
Monroe County shall encourage private and non-profit groups, as well as public agencies, in promoting
aquaculture which augments fisheries, limits stress on fisheries, and/or replaces depleted stock in the MI
Florida Keys. [F.S. § 163.3177(6)d.2.e.]
U)
Objective 203.5 U)
Monroe County shall continue to review the recommendations and options identified in The Boating Impacts C9
Management Plan Final Report (1992); Keys-Wide Mooring Field System Preliminary Planning Document
(2002); and Development of a Boating Management Plan for the Boca Chica Harbor Area (2008),which area
designed to reduce adverse impacts on water quality and living marine resources associated with recreational
boating. [F.S. § 163.3177(6)d.2.e.] �I
Policy 203.5.1
Monroe County shall maintain criteria for marina siting which shall meet or exceed state standards. (See
Objective 212.3
and related policies.) [F.S. § 163.3177(6)d.2.b.,e.,i.]
a�
c�
Policy 203.5.2 Monroe County shall maintain a plan for mooring buoy sites,including:
1. live-aboard mooring sites(See Policy 202.3.4); and E
2. short-term recreational mooring sites.
O
0
Identification of mooring sites shall be undertaken in coordination with NOAA and FDEP, and shall be
consistent with recommendations of the Florida Keys National Marine Sanctuary Management Plan. [F.S. X
§ 163.3177(6)d.2.b.,e.,i.]
E
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Policy 203.5.3 U)
Monroe County shall support a boater education program in coordination with the Cooperative Extension
Service, Florida Sea Grant, FDEP, FWC, FKNMS, federal and State agencies, NOAA and research
organizations. [F.S. § 163.3177(6)d.2.b.,e.,i.]
GOAL 204
The health and integrity of Monroe County's marine and freshwater wetlands shall be protected and,where possible, ra
restored and enhanced.
Objective 204.1
Monroe County shall identify potential wetland restoration sites and identify high quality wetland sites for
possible future acquisition by the County, State and/or private non-profit conservation organizations. [F.S. §
163.3177(6)d.2.j.,k.] g
Policy 204.1.1
Monroe County may coordinate with other agencies in developing and administering a wetlands restoration
program.
Policy 204.1.2
Monroe County shall work cooperatively with the USAGE, EPA, FWS, FDEP and FWC, and others as U)
appropriate, to determine funding sources to support a wetlands restoration program. [F.S. §
163.3177(6)d.2.j.,k.]
Policy 204.1.3 E
Monroe County shall coordinate with the FWC to update as needed and maintain the existing freshwater U
wetlands and disturbed wetlands mapping.
a�
Objective 204.2
Monroe County shall not allow the loss of undisturbed wetlands or the net loss of disturbed wetlands. [F.S. §
163.3177(6)d.2.j.,k.]
U)
Policy 204.2.1 MI
Monroe County shall utilize the Wetlands Evaluation Procedure (KEYWEP)to determine the functional
capacity of wetlands and Uniform Mitigation Assessment Method (UMAM) to determine mitigation U)
requirements for impacts to wetlands. [F.S. § 163.3177(6)d.2.j.,k.] U)
C9
Policy 204.2.2
To protect submerged lands and wetlands,the open space requirement shall be 100 percent of the following
types of wetlands:
1. submerged lands;
2. mangroves;
3. salt ponds;
4. freshwater wetlands;
5. freshwater ponds; and
6. undisturbed salt marsh and buttonwood wetlands.
c�
Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and undisturbed salt
marsh and buttonwood wetland only for use as transferable development rights away from these habitats. E
Submerged lands, salt ponds, freshwater ponds and mangroves shall not be assigned any density or
intensity. W� lui aulaf�a =�1ul�ii �t 4i -2 � 1� Bea u �vam._:�iu, �Bu ��� ;Bl➢m vi a;
�&a 1r1 �� s::i�n i hr dui i� n a i l v ➢� . n; � i�u k l u , [F.S. § 163.3177(6)d.2J.,k.]
X
Policy 204.2.3
No structures shall be permitted in submerged lands, mangroves, salt ponds, or wetlands, except for
elevated,pile-supported walkways, lau a�, ruulaga iva--_q ul a_r �ur�_r;gaaa_uuta��_uuu_J`Iol a _2O 2_jlz_,docks,piers, E
and utility pilings.No fill shall be permitted in submerged lands,mangroves,salt ponds,or wetlands except;
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1. as specifically allowed by Objective 212.5 and subsequent Policies;
2. to fill a manmade excavated water body,such as a canal,boat ramp,or swimming pool if the Director
of Environmental Resources determines that such filling will not have a significant adverse impact on 'a
marine or wetland communities;or C
0
3. as needed for shoreline stabilization or beach renourishment projects with a valid public purpose that
furthers the goals of the Monroe County Comprehensive Plan,as determined by the County.
A
Policy 204.2.4
No fill or structures shall be permitted in mangroves or wetlands except as allowed by Policy 204.2.3 (io, CL
uuH u-K (l)and for bridges extending over mangroves or wetlands that are required to provide automobile
or pedestrian access to dwelling units located on upland areas within the same property for which there is
no alternative means of access. Such bridges shall be elevated on pilings such that the natural movement
of water,including volume,rate,and direction of flow shall not be disrupted or altered.Upland areas shall g
include disturbed wetlands that have been lawfully converted into uplands through filling. [F.S. §
163.3177(6)d.2.j.,k.]
Policy 204.2.5
Monroe County shall maintain environmental standards and environmental design criteria which provide
CL
minimum vegetated setbacks of fifty (50) feet to be maintained as an open space buffer for development 0
occurring adjacent to all types of wetlands except for tidally inundated mangrove fringes and as provided °U)
for in Policies 204.2.3, and 204.2.4.The setback is measured from the landward extent of the wetlands as
determined pursuant to 62-340.300 F.A.C.
u
If a 50-foot setback results in less than 2,000 square feet of principal structure footprint of reasonable E
configuration,then the setback may be reduced to allow for 2,000 square feet of principal structure footprint t3
of reasonable configuration,provided that the setback is not reduced to less than twenty-five(25)feet. On
properties classified as scarified adjacent to wetlands,the wetland setback may be reduced to twenty-five
(25) feet, without regard to buildable area, if the entire setback area is planted and maintained in native
vegetation with a site-suitable stormwater management plan in accordance with County regulations and U)
approved by the County Biologist and placed under conservation easement. 'Development" shall include
all activities as currently defined in the F.S.380.05. [F.S. § 163.3177(6)d.2.j.,k.]
I
Policy 204.2.6
�44 i �1wa :l iareau a i flu - � �� �1 lug a 1 ➢ o-,�1u '���� � ;8 1� x lu � u U)
_�"fie definition of disturbed wetlands to include those wetlands that receive a 0
KEYWEP total functional index of 5.5 or less. 0
Policy 204.2.7I
uluu � u )�)- auu= 1t: u �Baaulu�iu ' ai�lua- 4 � '�� �ir�=8 � ova- lo- & lad , Monroe County shall
utnuuuu� uuti_uav ! ; the LDC io-prov4de-a definition of wetlands that is consistent with the State definition �I
contained in 11�u le 62-340.200,_F A C (373.019(17)F.S.).
I
Policy 204.2.8
Monroe County shall attempt to ensure that dredge and fill activities that require permits from federal,state,
regional, and county regulatory authorities are done through a coordinated interagency review process.
c�
Policy 204.2.9
No "after-the-fact" permits shall be issued that violate Monroe County dredge and fill regulations. All
illegal structures and fill shall be removed and damages mitigated. c
0
Policy 204.2.10
Monroe County shall maintain,and update as necessary,a schedule of monetary penalties that provides for
fair and equitable penalties for all dredge and fill violations.Penalty revenues shall be paid to the Monroe a
County Environmental Land Management and Restoration Fund or set aside and used specifically for water
quality enhancement projects or wetland restoration or enhancement projects.
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U)
Objective 204.3
Monroe County shall maintain a program for acquiring or restoring high quality wetlands.(See Future Land Use
Objective 102.4 and related policies.) [F.S. § 163.3177(6)d.2.e.,j.]
Policy 204.3.1 The Monroe County Growth Management Division in coordination with the Monroe County
Land Authority and other federal and state agencies will continue with wetlands acquisition through the A
Florida Forever program, and other funding mechanisms such as the Monroe County Land Acquisition
Fund.Priority wetland acquisition sites shall include the following: CL
1. wetlands having the greatest functional value as determined by KEYWEP; <
2. wetlands which are documented habitat of species of special status; and/or
3. undisturbed and disturbed wetlands located within the Improved Subdivision(IS)zoning district. [F.S.
§ 163.3177(6)d.2.e.,j.]
GOAL 205
The health and integrity of Monroe County's native upland vegetation shall be protected and, where possible, W
enhanced. [F.S. § 163.3177(6)d.2.d.,h.] a
Objective 205.1
Monroe County shall maintain the Tier Overlay District Maps as required in Policy 105.2.2. [F.S. § U)
163.3177(6)d.2.d.,h.]
Policy 205.1.1
The County shall establish the following criteria, at a minimum, to use when designating Tiers: [F.S. § E
163.3177(6)d.2.d.,h.] U
1. Land located outside of Big Pine Key and No Name Key shall be designated as Tier I based on
following criteria:
• Natural areas including old and new growth upland native vegetated areas,above 4 acres in area.
• Vacant land which can be restored to connect upland native habitat patches and reduce further U)
fragmentation of upland native habitat.
• Lands required to provide an undeveloped buffer,up to 500 feet in depth,if indicated by
appropriate special species studies,between natural areas and development to reduce secondary MI
impacts;canals or roadways,depending on size may form a boundary that removes the need for it'
the buffer or reduces its depth. U)
• Lands designated for acquisition by public agencies for conservation and natural resource U)
protection. C9
• Known locations of threatened and endangered species.
• Lands designated as Conservation and Residential Conservation on the Future Land Use Map or
within a buffer/restoration area as appropriate.
• Areas with minimal existing development and infrastructure. �I
2. Lands on Big Pine Key and No Name Key designated as Tier I,II,or III shall be in accordance with
the wildlife habitat quality criteria as defined in the Habitat Conservation Plan for those islands.
3. Lands located outside of Big Pine Key and No Name Key that are not designated Tier I shall be
designated Tier III.
4. Designated Tier III lands located outside of Big Pine Key and No Name Key with tropical hardwood U
hammock or pinelands of one acre or greater in area shall be designated as Special Protection Areas.
5. Lands within the Ocean Reef planned development shall be excluded from any Tier designation.
Objective 205.2
To implement Goal 105 of this Plan and the recommendations in the Florida Keys Carrying Capacity Study 0
(FKCCS), Monroe County shall maintain land development regulations which further protect and provide for
restoration of the habitat values of upland native vegetated communities, including hardwood hammocks and X
pinelands. [F.S. § 163.3177(6)d.2.d.,h.] W
E
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Policy 205.2.1 U)
Monroe County shall maintain the boundaries of the tier system overlay based on the criteria in Policy
205.1.1.
Policy 205.2.2
Monroe County shall discourage developments in Tier I and within tropical hardwood hammock or
pinelands of one acre or more in area to protect areas of native upland vegetation(See Policy 101.6.4). [F.S. A
§ 163.3177(6)d.2.d.,h.]
C,
CL
Policy 205.2.3
Monroe County shall maintain clustering requirements as follows:
1. when a parcel proposed for development contains more than one (1)habitat type,development shall
be: g
a) clustered on the least sensitive portion of the parcel, until the maximum allowable density is
reached;
b) if further development occurs, it shall be clustered on the next least sensitive portion of the W
parcel,until maximum allowable density is reached,etc.; and a
2. development permitted on the least sensitive portion(s) of a parcel shall be clustered within that .2
portion(s)of the parcel. 0
For the purpose of this policy,the relative sensitivity of separate habitat types shall be as listed below with °U)
1 (freshwater wetlands)being the most sensitive and 16(disturbed with exotics)the least sensitive.
1. Freshwater wetlands;
a�
2. Salt marsh and/or buttonwood association wetlands; C,
3. Cactus hammock; E
4. Palm hammock; U
5. Beach/berm;
6. Pinelands
7. High Hammock
8. Low hammock U)
9. Disturbed beach/berm;
10. Disturbed with freshwater wetlands;
11. Disturbed with salt marsh and/or buttonwood association wetlands; MI
12. Disturbed with slash pines;
13. Disturbed with high hammock; U)
14. Disturbed with low hammock; 0
15. Disturbed; and
16. Disturbed with exotics.
I
Policy 205.2.4
Bulk regulations and development standards shall be reviewed and revised so as to allow greater flexibilityI
for clustering. �I
Policy 205.2.5
Existing Conditions Reports shall include identification of measures for protecting native upland
vegetation. Successful implementation of these measures shall be required as a condition of issuance of a
certificate of occupancy. [F.S. § 163.3177(6)d.2.d.]
Policy 205.2.6
The allowable amount of permitted clearing of native upland vegetation communities shall be defined by
habitat and the location of the property in the tier overlay district maps.Clearing of upland native vegetation c
communities in the Tiers I,11,I1I and I1I-A(SPA)shall be limited for the portion of the property containing
upland native vegetation in accordance with Policy 101.5.27.* [F.S. § 163.3177(6)d.2.d.] X
*Clearing on Big Pine Key and No Name Key is limited to the provisions in the USFWS issued Incidental a
Take Permit(ITP)TE083411-0. E
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Policy 205.2.7 U)
Clearing of native vegetation shall be limited to the percentage and maximum allowed in Policy 101.5.27.
For applications that receive points for lot aggregation under the Permit Allocation System for residential
development,clearing of upland native vegetation shall be limited to a maximum of 7,500 square feet,or
as specified in Policy 101.5.27.The immediate development area shall include the area of approved clearing
shown on the approved site plan.The immediate development area shall be fenced throughout the duration
of construction. During construction,there shall be no disturbances of the ground surface and vegetation A
within areas of native upland vegetation not approved for clearing. [F.S. § 163.3177(6)d.2.d.] (Ord. No.
026-2012) CL
d
Policy 205.2.8
Development shall not disturb the following vegetation:
1. champion trees; g
2. specimen trees (diameter at breast height that is greater than seventy-five (75)percent of the record
tree of the same species for the State of Florida); and
3. plant species listed by the USFWS as threatened and endangered. [F.S. § 163.3177(6)d.2.d.,h.] W
a
Policy 205.2.9 CL
Development shall be sited so as to avoid or minimize impacts to the following plants: 0
1. species listed by the Florida Department of Agriculture and Consumer Services as threatened, °U)
endangered or commercially exploited(excluding those specifically protected by Policy 205.2.8);
2. other locally rare native species(See Policy 205.3.1); and
3. native trees with diameter at breast height(dbh)of four(4)inches or greater. C,
E
In those instances where an applicant can demonstrate that avoidance of such species or trees is not possible U
by clustering or by an alternate design approach, then the following options shall be considered by the
County Biologist:
(1) Successful transplantation of affected plants/individuals("successful transplantation"shall be defined
as one-hundred(100)percent survival after aperiod of one(1)year);or U)
(2) Where the probability of survivability of transplanted plants is low or when there is no suitable
planting area on the subject site(as determined in writing by the County Biologist),then the applicant
shall be required to make a payment into the Monroe County Land Management and Restoration Fund MI
(See Goal 209 and related objectives and policies). Payments into this Fund for this purpose shall be it%
calculated as follows: Payments shall be equal to the replacement cost at a rate of 2:1 for all native U)
trees over four inches dbh; all listed species of any size; and all locally rare native species. [F.S. § U)
163.3177(6)d.2.d.] C9
Policy 205.2.10 �
Invasive exotic vegetation shall be removed from the development parcel as a condition for issuance of a
Certificate of Occupancy. [F.S. § 163.3177(6)d.2.d.]
Policy 205.2.11
A list of invasive exotic upland plants shall be maintained by the County biologist and made available to
the general public. [F.S. § 163.3177(6)d.2.d.]
U
Policy 205.2.12
Monroe County shall use the 'December 1985 Habitat Classification Aerial Photographs," as a general
guide to habitat characteristics, supplemented by recent aerial photography and existing site analysis to E
determine any increases and/or losses in the amount of upland native vegetated areas.The County biologist
shall review the best available data for the review of habitat areas. c
0
Policy 205.2.13 X
Monroe County shall require,in the Land Development Code, an Existing Conditions Report including a
vegetation survey for any development that may disturb native upland vegetation.At a minimum the report a
shall include an analysis of the potential impacts of the proposed development on native upland habitats,a E
description of the measures designed to reduce identified adverse impacts including clustering.
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U)
Objective 205.3
Monroe County shall maintain the existing program for identification and protection of plant species of special
status. These shall include plants designated as threatened and endangered by the FWS and those designated as
threatened, endangered, or commercially exploited by the Florida Department of Agriculture. [F.S. § E
163.3177(6)d.2.d.,e.] <
2A
Policy 205.3.1
Monroe County shall maintain a list of locally rare plant species. This list shall include species which are CL
rare within the Florida Keys but which do not have special status. [F.S. § 163.3177(6)d.2.d.,e.]
Policy 205.3.2
Monroe County shall maintain maps showing occurrences of the following species: g
1. plant species designated by the FWS as threatened and endangered;
2. plant species designated by the Florida Department of Agriculture as threatened, endangered or
commercially exploited; and W
3. plant species designated as locally rare.
CL
Information shall be obtained from the Florida Natural Areas Inventory database,which shall be entered 0
into the County's GIS.To the extent possible,the historic occurrence data shall be plotted on specific parcels U)
for which the occurrences were recorded. The GIS data base shall be updated annually. [F.S. §
163.3177(6)d.2.d.,e.]
CL
Policy 205.3.3 E
Monroe County shall participate in the Florida Champion Tree Program of the Florida Department of U
Agriculture. [F.S. § 163.3177(6)d.2.d.,e.]
a�
Policy 205.3.4
Monroe County shall work cooperatively with the FWS to promote the recovery of plant species designated U)
by the federal government as threatened and endangered.Related activities shall include:
1. identification of sites in the Keys with key tree-cactus (Polosocereus polygorms), Small's milkpea
(Galactia smallii),and Garber's spurge(Chamaesyce garberi); M1
2. notification to the FWS when development proposals are received for sites having historic and/or it'
current occurrences of federally-designated plant species list in(L)above; U)
3. cooperation with the FWS in locating potential introduction sites for federally-designated plant 0
species; and 0
4. technical assistance,and where possible,financial assistance,with acquisition of:
a) sites having known populations of federally-designated plant species;or
b) sites deemed highly suitable as re-introduction sites for such species. [F.S. § 163.3177(6)d.2.d.,
vi
Objective 205.4
Monroe County,together with private, state, and federal agencies, shall maintain a program for acquiring and
maintaining native upland habitat to implement Goal 105 and the recommendations in the FKCCS. (See Future
Land Use Objective 102.4 and related policies). [F.S. § 163.3177(6)d.2.d.,e.]
a�
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Policy 205.4.1
The Monroe County ➢➢uuunuuu_u:, r ➢_uuvfi-thin l_u�u➢ 11(�_r,a�uul'c_r,_-D la uu_uuun pMu�_mlt➢ ➢ ➢a o-a 1 t �wu➢ Ma o- ➢ °;u na°�
shall work cooperatively with the Monroe County Land Authority and other responsible state and federal
agencies in developing and administering the acquisition program. Acquisition shall be undertaken to c
implement the Monroe County Land Acquisition Master Plan(Objective 102.4). [F.S. § 163.3177(6)d.2.d.,
e.] X
w
c�
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Policy 205.4.2
Monroe County shall support the acquisition of native upland habitat for conservation within areas
designated Tier I, Tier II, Tier III-A (SPA), and Florida Forever project boundaries. [F.S. §
163.3177(6)d.2.h.]
Policy 205.4.3
Monroe County shall continue to restore and maintain native upland vegetation systems on County-owned U)
lands. [F.S. § 163.3177(6)d.2.d.,e.]
GOAL 206
Monroe County shall protect and conserve existing wildlife and wildlife habitats. [F.S. § 163.3177(6)d.2.e.]
Objective 206.1
Monroe County shall continue to enforce land development regulations which protect wildlife and wildlife
habitat from adverse impacts of development.
Policy 206.1.1
An Existing Conditions Report (ECR) shall be required for land development projects that impact or
propose removal of native habitat.
U)
As part of the ECR,the applicant shall be required to provide the following information related to wildlife
and wildlife habitat:
a�
1. a vegetation survey that identifies the distribution and quality of native habitats;
2. an assessment of any endangered/threatened or protected species (which is known to occur or for E
which potential suitable habitat occurs)within the parcel or lot proposed to be developed; and U
3. identification of measures that will avoid or lessen the identified wildlife impact.
a�
Monroe County shall, when deemed appropriate, incorporate wildlife impact avoidance measures as
stipulations for the land development order. U)
Policy 206.1.2 U)
Development shall be prohibited on offshore islands(including spoil islands)which have been documented MI
as an established bird rookery,based on resource agency best available data or survey.
U)
Policy 206.1.3 0
Clustering requirements shall be revised so as to reduce habitat fragmentation(See Policy 205.2.3). 0
Policy 206.1.4 �
Monroe County shall implement a "Permit Referral Process" for review of all development that occurs
within areas designated as"Species Focus Areas(SFAs)"or"Species Buffer Areas(SBAs)".The SFAS or
SBAs are areas identified by the U.S. Fish and Wildlife Service (USFWS) which contain potentially
suitable habitat for nine federally protected species including:Eastern Indigo Snake,Key Deer,Key Largo
Cotton Mouse, Key Largo Woodrat, Key Tree-Cactus, Lower Keys Marsh Rabbit, Schaus Swallowtail
Butterfly, Silver Rice Rat,and Stock Island Tree Snail.
U
Monroe County shall work cooperatively with USFWS and the Federal Emergency Management Agency
(FEMA)to review permit applications for compliance with the Federal Endangered Species Act through
the "Permit Referral Process" within the floodplain regulations. The purpose of the 'Permit Referral E
Process" is to implement regulations that will assure, consistent with the loth Amendment to the U.S.
Constitution,state and county regulations,proper record retention,coordination,and notification of FEMA c
and USFWS regarding permit applications filed with or issued by Monroe County.
X
Policy 206.1.5
Monroe County shall work cooperatively with USFWS in requiring any development permit application a
within Critical Habitat or designated potentially suitable habitat for federally listed threatened and E
endangered species that are not included in the USFWS April 30,2010 Biological Opinion,and/or are not
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Exhibit 1 Evaluation and Appraisal Review Amendments
included in the species addressed under the "Permit Referral Process" in Policy 206.1.4 above, to consult
directly with USFWS and provide authorization from USFWS to Monroe County before commencement
of development.
Objective 206.2
Monroe County shall provide guidance to private landowners to reduce disturbances to wildlife species
designated by the FWS as threatened or endangered. A
Policy 206.2.1 Monroe County shall distribute management guidelines (if available) for wildlife species CL
designated as threatened and endangered by the state and federal governments.
The guidelines shall provide public education to residents and prospective developers within critical habitat
areas regarding activities disruptive or harmful to specific wildlife species.As appropriate for each species, g
the guidelines may address items such as feeding, free-roaming domestic pets, invasive exotic species,
noise,traffic,fencing,pesticide applications,etc.
Policy 206.2.2
Monroe County shall make the management guidelines for designated wildlife species available to theCL
general public.
U)
Policy 206.2.3
Monroe County may,as appropriate,incorporate specific management guidelines for federally-designated
wildlife species as conditions for development orders. C,
E
Objective 206.3 U
Monroe County shall protect native wildlife species, especially state- and federally-designated species, from
disturbance and predation by free-roaming domestic pets,particularly cats and dogs.
Policy 206.3.1 U)
Big Pine and No Name Keys shall be areas where the County shall strive to control free-roaming cats and
dogs. U'
I
Policy 206.3.2
The control of free-roaming cats and dogs shall be of continuing interest for the following at risk listed U)
species: Key Largo Cotton Mouse, Key Largo Woodrat, Lower Keys Marsh Rabbit, and the Silver Rice 0
Rat.
Objective 206.4I
Monroe County shall protect its native wildlife populations from invasive exotic wildlife species.
I
Policy 206.4.1 C14
To limit negative impacts to native fish and wildlife,Monroe County shall support Federal, State and non-
governmental programs designed to avoid the introduction and establishment of, and to encourage the
removal of,exotic invasive species;including but not limited to,supporting lionfish derbies.
U
Objective 206.5
Monroe County shall continue to discourage the destruction of, and work toward the recovery of,the federally-
designated Key deer(Odocoileus virginianus clavium)and to protect its habitat;through the implementation of E
the policies incorporated herein.
O
0
Policy 206.5.1
Monroe County shall regulate future development and coordinate the provision of public facilities on Big X
Pine Key and No Name Key, consistent with the Goals, Objectives and Policies of this Comprehensive w
Plan and,the Incidental Take Permit(ITP)and Habitat Conservation Plan(HCP)for Florida Key Deer and a
other Protected Species on Big Pine Key and No Name Key to: E
1. protect the Key deer;
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Exhibit 1 Evaluation and Appraisal Review Amendments
2. preserve and enhance the habitat of the Key deer; and U)
C
3. maintain the rural, suburban, and open space character of Big Pine Key. (See Future Land Use 0
Objective 103.1 and related policies.)
Policy 206.5.2
Monroe County shall continue to designate Key deer habitat areas as acquisition sites for conservation
purposes, pursuant to Policy 102.4.2 and in accordance with the HCP & ITP. (See Future Land Use
Objective 102.4 and related policies).
C,
CL
Policy 206.5.3
Big Pine Key and No Name Key shall be high priority areas for enforcement of animal control laws.
Policy 206.5.4 E
Monroe County shall continue to meet with the FWS to determine measures which can be taken by the
County to support the FWS in enforcing existing no feeding laws pertaining to the Key deer.
Policy 206.5.5
On an ongoing basis,Monroe County shall strictly enforce speed limits on roads on Big Pine,No Name,
Big Torch, Middle Torch, Cudjoe and Summerland and Sugarloaf Keys. Speed limits, traffic calming
devices and other measures shall be applied to lower the probability of vehicle collisions with Key deer
and Lower Keys marsh rabbits on County roads.
Objective 206.6
Monroe County shall implement activities to prohibit the destruction of, and work toward the recovery of,the E
Florida manatee(Trichechus manatus),American Crocodile(Crocodylus acutus),and marine turtles,as well as U
to protect the habitat of these species. Species of marine turtles to be protected shall include the Atlantic
Loggerhead Turtle (Caretta caretta), Leatherback Turtle (Dermochelys coriacea), Atlantic Hawksbill Turtle
(Erelmochelys imbricata),Green Turtle(Chelonia mydas),and Kemp's ridley Turtle(Lepidochelys kempi).
U)
Policy 206.6.1
Monroe County shall maintain land development regulations pertaining to permitted uses, siting of
structures,disturbances,removal of invasive vegetation,and restoration of native vegetation in beach/berm MI
areas. (See Objective 210.1 and related policies).
U)
Policy 206.6.2 0
Monroe County shall continue to restore and maintain a:a ➢ua_a ,aa a u�pau dam.�ua ub➢a, disturbed beach/berm areas
on Monroe County owned or managed public lands. (See Objectives 210.1 and 210.2).
I
Policy 206.6.3
Monroe County shall maintain the turtle protection ordinance and shall periodically amend the ordinanceI
to reflect current Florida Fish&Wildlife Conservation Commission sea turtle lighting guidelines.(62B-55
FAC; 161.163 F.S.) Regulations of this ordinance apply to existing and new development and generally gal
accomplish the following:
1. prohibit activities disruptive to marine turtles;
2. maintain standards for preventing interior lighting from illuminating nesting areas during the nesting
season;
c�
3. maintain standards for mechanical beach cleaning;and
4. protect marine turtles from predation. E
Policy 206.6.4 0
Monroe County shall continue to protect marine turtles,crocodiles, and alligators from land development
17
activities.Regulations shall generally accomplish the following: X
1. restrict existing and prohibit new beachfront outdoor lighting in the vicinity of nesting areas;
2. prohibit structures within fifty (50)feet of the crest of the beach/berm for any beach which is known a
to serve as an active nesting area; E
3. establish general standards for coastal construction in the vicinity of active nesting areas; and
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Exhibit 1 Evaluation and Appraisal Review Amendments
4. require removal of invasive exotic vegetation from development sites in beach/berms as a condition
of development approval for adjacent uplands.
Policy 206.6.5
Monroe County staff may attend routine training sessions in marine turtle handling. This training shall
qualify staff to handle marine turtles and their eggs, as appropriate,when they are observed during beach
site inspections.
CL
]'e 01� 10 _(ouauuiy_r;➢u a➢➢_a_a_111i ua _i:a laua i a_a_uun uuu,u�a�_`-__uuuaj ➢uyuu_➢u a u�_ui,_;q y uun_uuu_ui uuuuuuu _�➢u�_u�ja ga��� _ a_a_➢<uua
fiaMuJVuiy__uuuu�_uu�_y,_,uun_uu_uuu;u,_r;u�uuu r.,_a_uu� _uu u_luud sualagauuuuuuu _�➢ue__emr .iibfi;➢y��j_,l'e�a�uuu���, Couauui. ➢3o luuu:_]1(es pua��l
u�_ur�_�r;�a ]I�ua➢� �a`�>ID�� p��,➢ !� i__ _uuu,���➢u�__l'e!lta�uuua��_�a�uauu>i°�_113a�u�uuu��_,1[�u�r;�u_ua_i;�u�_�'a�uu�r;�vui➢uuuu ��a_iva�uu���M �
"7p_au_i➢u __a� au_�)u_��uuu,uuua_yr;,m 2
Objective 206.7
Monroe County shall implement measures intended to protect the critical nesting and resting sites of its bird W
populations,including permanent and transient species.
CL
Policy 206.7.1 0
Monroe County shall maintain regulations which limit land uses and establish protection measures for U)
nesting areas,including artificial nesting areas,of wading birds,hawks,falcons, seabirds, shorebirds, and
any bird species federally or state-listed as endangered,threatened,or a species of special concern.
u
Policy 206.7.2 E
Monroe County shall include nesting areas,or other critical habitat of bird species federally or state-listed U
as endangered, threatened, or a species of special concern, as potential acquisition sites for conservation
purposes. (See Future Land Use Objective 102.4 and related policies.)
Objective 206.8
Monroe County shall implement activities to prohibit the destruction of, and work toward the recovery of,the
federally-designated Schaus swallowtail butterfly (Heraclides aristodemus ponceanns) and the Miami blue
butterfly(Cyclargus thomasi bethunebakeri). �
Policy 206.8.1 U)
Monroe County shall encourage the planting of larval food and nectaring plants within the range of the 0
Schaus swallowtail butterfly habitat. Restoration sites shall be re-vegetated, in part, with torchwood and
other plants upon which this species depends. Tree donations for replacement of impacted potentially
suitable habitat for the Schaus swallowtail butterfly shall include plants upon which this species depends.
Policy 206.8.2 'I
Monroe County shall encourage the planting (in suitable habitats) of the types of plants upon which the
Miami blue butterfly depends.
Objective 206.9
Monroe County shall implement activities to prohibit the destruction of, and work toward the recovery of,the
federally-designated Stock Island tree snail(Orthalicus yeses).
Policy 206.9.1
The Monroe County Biologist shall coordinate with USFWS and other resource agencies to obtain periodic
population counts for the Stock Island tree snail. c
0
Policy 206.9.2 X
Monroe County shall coordinate with the Florida Keys Mosquito Control District to take actions to direct
spraying of mosquito control pesticides away from known populations and critical habitat of the Stock
Island Tree Snail. E
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Exhibit 1 Evaluation and Appraisal Review Amendments
Policy 206.9.3 U)
Monroe County shall cooperate with the USFWS in locating potential introduction sites for the Stock Island
Tree Snail.
Policy 206.9.4
Potential introduction sites for the Stock Island Tree Snail,which are not currently in public ownership,
shall be designated as acquisition sites for conservation purposes,pursuant to Policy 102.4.2. Acquisition U)
shall be considered through the Florida Forever program and other funding mechanisms such as the Monroe
County Land Acquisition Fund.
Objective 206.10
Monroe County shall implement activities to protect the habitat of, and to prohibit the destruction of,and work
toward the recovery of,the federally-designated eastern indigo snake(Drymachron corgis couperi),Key Largo g
wood rat(Neotoma floridana smalli),silver rice rat(Orzomys argentatus),Key Largo cotton mouse(Peromyscus
gossypinus allapaticola),American crocodile(Crocodylus acutus),and the Lower Keys marsh rabbit(Sylvilagus
palustris hefneri). `j
Policy 206.10.1
Monroe County,in cooperation with the FWS and FWC,shall identify wetland and native upland habitats 0
which are potentially suitable habitat for the following: °U)
1. eastern indigo snake (Drymachron corgis couperi) (sites from No Name Key to Sugarloaf Key, on
Big Torch Key,Middle Torch Key,Big Pine Key and Plantation Key);
a�
2. silver rice rat (Orzomys argentatus) (sites on Cudjoe, Summerland, Big Torch, Middle Torch, C,
Saddlebunch,Little Pine,Raccoon,Water,and Johnson Keys); E
3. Lower Keys marsh rabbit (Sylvilagus palustris hefneri) (sites on Sugarloaf, Welles, Annette, Boca U
Chica,Big Pine and Hopkins Keys);
4. Key Largo wood rat(Neotoma floridana smalli)(on Key Largo);
5. Key Largo cotton mouse(Peromyscus gossypinus allapaticola)(on Key Largo); and
6. American crocodile(Crocodylus acutus). U)
Policy 206.10.2
Sites identified pursuant to Policy 206.10.1 shall be identified as priority acquisition sites for conservation MI
purposes.Particular emphasis shall be placed upon acquisition of identified wetland and native upland sites it%
which are located within Improved Subdivisions. Acquisition shall be considered through the Florida U)
Forever program and other funding mechanisms such as the Monroe County Land Acquisition Fund. 0
Objective 206.11
Monroe County shall implement activities to protect the habitat of, and to prohibit the destruction of,and workI
toward the recovery of,the federally-designated American alligator(Alligator mississippiensis).
I
Policy 206.11.1 C14
Monroe County shall maintain land development regulations which establish the open space requirement
for freshwater ponds and freshwater wetlands at one-hundred(100)percent(Monroe County BOCC,1990).
(See Policy 204.2.2)
U
Policy 206.11.2
Monroe County shall continue to protect the freshwater lens systems and associated recharge areas on Big
Pine Key and adjacent keys. Special measures shall be implemented to protect the quantity and quality of E
groundwater recharge to the freshwater lenses.
O
0
X
E
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Exhibit 1 Evaluation and Appraisal Review Amendments
GOAL 207
Monroe County shall protect,conserve,and appropriately use its soil and mineral resources. [F.S. § 163.3177(6)d.2.d.]
Objective 207.1
Monroe County shall adopt revisions to the E
land development aM.lt�a_us�1a�u��udir; auaa_a<!<!,uumy which establish additional health, safety, and environmental
protection standards for the extraction or use of mineral resources.
Policy 207.1.1 CL
New resource extraction activities and expansions to existing resource extraction operations shall be
prohibited. Oil and gas exploration, extraction and production in Monroe County shall be prohibited.
Monroe County shall also oppose oil,gas and mineral exploration,extraction and production in the Florida
Keys National Marine Sanctuary.
Policy 207.1.2
Existing resource extraction operations may continue in accordance with the specific limitations of their W
current permits. All existing resource extraction operations shall be required to utilize methods to prevent
permanent groundwater and surface water contamination during resource extraction operations.These shall
CL
include but not be limited to the following: 0)
1. the first flush of runoff from the resource extraction site shall be retained on-site; °U)
2. turbidity controls shall be used to prevent contamination of adjacent off-site surface waters; and
3. all point sources of pollution shall be managed in accordance with applicable regulations of the FDEP
and the U.S.Army Corps of Engineers. C,
When an application for annual permit for existing resource extraction operations is proposed, the t)
requirement for groundwater and surface water quality protection measures shall be attached as permit
conditions.
Monitoring shall be required to determine compliance with state water quality standards.In the event that U)
water quality standards are violated as a result of a mining operation,the mining activity shall be stopped,
and relevant fines and required mitigation of habitat impacts shall be fulfilled.
I
Policy 207.1.3
Monroe County shall prohibit blasting for natural resource extraction. U)
U)
Policy 207.1.4
Resource extraction activities shall not involve extraction below sixty(60)feet.
I
Policy 207.1.5
As a condition of renewal for operating permits, existing resource extraction operators shall submit the �I
following plans: �I
1. stormwater management plan;
2. soil erosion and sedimentation control plan;
3. fugitive dust control plan;
4. reclamation plan(consistent with standards adopted pursuant to Policy 207.1.8);the reclamation plan
shall be approved by Monroe County;
5. survey information documenting maximum depth of excavation and;
6. proof of financial responsibility including a reclamation guarantee to ensure monies will be available E
to complete the reclamation.
O
0
Policy 207.1.6
Monroe County shall periodically inspect permitted sites to verify compliance withprovisions of the control X
plans and reclamation plan upon which the annual operating permit is conditioned.
Policy 207.1.7
No permit renewals for resource extraction shall be issued for uses that are not conforming to the LDC.
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Exhibit 1 Evaluation and Appraisal Review Amendments
U)
Policy 207.1.8
Monroe County shall encourage reclamation in accordance with the LDC;the FDEP standards contained
in F.S. Chapter 378 Part IV; FDEP Rule 62C-36(Limestone Reclamation Requirements); and FDEP Rule
62C-39(Reclamation Requirements for Solid Resource other than Phosphate,Limestone,Heavy Minerals, E
and Fullers'Earth);whichever is most stringent.
ra
2A
Objective 207.2
Within Monroe County shall prepare
an inventory of active and abandoned mining sites.
Policy 207.2.1
Monroe County shall inventory active and abandoned resource extraction pits in the Florida Keys. The g
inventory shall include, at a minimum,the location,ownership,parcel and pit size,general assessment of
remaining permitted resource potential,description of existing site conditions,environmental problems for
each pit,a description of the reclamation plan,and a description of any financial assurances for reclamation. W
Objective 207.3
Within seven_( ).Y�_ii ➢e-iid&pl—iowo N ii ,_Monroe County shall 0
develop a plan for the reclamation and productive reuse of active and abandoned resource extraction sites. °U)
Policy 207.3.1
Monroe County shall work cooperatively with FDEP and South Florida Water Management District C,
(SFWMD)to identify alternatives for adaptive reclamation and productive reuse of resource extraction pits E
in the Florida Keys. U
Policy 207.3.2
Monroe County shall develop and implement a strategy for encouraging reclamation and productive reuse
of active and abandoned resource extraction sites. This shall include resource extraction sites presently
exempted from reclamation. The strategy shall encourage owners of resource extraction sites, and
encourage adjacent property owners,to implement strategies for reclamation and productive reuse.
I
GOAL 208 '
Monroe County shall discourage private land uses on its mainland,offshore islands and undeveloped coastal barriers, U)
and shall protect existing conservation lands from adverse impacts associated with private land uses on adjoining U)
lands. [F.S. § 163.3178(2)(f)] C9
Objective 208.1I
Development of the mainland area of Monroe County and on the islands in the surrounding waters of Florida
Bay,Hawk Channel,and other waters within the legal boundaries of Monroe County shall be controlled so as to �I
reduce County public expenditures and to preserve the natural,cultural and historic resources of these areas.(See
Future Land Use Objective 102.5 and related policies.) [F.S. §§ 163.3177(6)d.2.g.; 163.3178(2)(f)]
Policy 208.1.1
Monroe County shall maintain land development regulations which control land use activities on the
mainland area and the islands within the legal boundaries of Monroe County. [F.S. § 163.3178(2)(f)]
Policy 208.1.2
Monroe County shall continue to discourage new private development in undeveloped areas designated as
units of the Coastal Barrier Resources System(CBRS). (See Future Land Use Objective 102.7 and related 0
policies.) [F.S. § 163.3178(2)(f)]
X
GOAL 209
Monroe County shall continue to maintain and restore,as needed d.md_a_aiiisj der i�i_I➢ua_uuunla ua_�r_alk_r,a_u_➢a�1aj a u<,a;,and as a
funding is available, native habitat including marine, wetland, beach/berm, and native upland systems on County-
owned or managed conservation lands. [F.S. § 163.3177(6)d.2.d.,e.;F.S. § 163.3178(2)(e)]
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Exhibit 1 Evaluation and Appraisal Review Amendments
U)
Objective 209.1
As funding is available,Monroe County shall continue to restore and maintain marine,wetland,beach/berm and
native upland systems on Monroe County owned or managed conservation lands. [F.S. § 163.3177(6)d.2.e.,j.;
F.S. § 163.3178(2)(e)]
d
Policy 209.1.1
➢°limo;-ii A list of invasive exotic plants
shall be prepared uuud i�ttuuu uuuml by the Monroe County Land uuu�Steward„_�luud�'�� y J3ja�lla��;u<,,p..This list shall �
be updated as necessary and shall be made available to the public.
Policy 209.1.2
Priority wetland restoration sites shall be those disturbed wetlands having the greatest functional value as g
determined through quantitative wetland assessment. [F.S. § 163.3177(6)d.2.d., e.; F.S. § 163.3178(2)(e),
(fl]
Policy 209.1.3 C
Priority upland restoration sites shall be identified on the basis of findings of the general evaluation of
upland vegetation(See Objective 205.1 and related policies). Priority sites shall be those disturbed areas 0
whose restoration will result in the greatest habitat benefit at the least cost. [F.S. § 163.3177(6)d.2.d.] °U)
Policy 209.1.4
Monroe County shall continue the program to remove invasive exotic vegetation from County-owned or C,
managed conservation lands. The County shall also continue to actively participate in the Florida Keys E
Invasive Exotics Task Force. U
Policy 209.1.5
The restoration of County-owned beach/berm areas shall be a priority of the County's Land Management
Program. [F.S. § 163.3178(2)(e)] U)
Policy 209.1.6
Restoration priorities shall be developed by Monroe County in consultation with agencies of the federal MI
and state government owning lands in the Florida Keys, and with appropriate federal and state regulatory
agencies. U)
U)
Policy 209.1.7
Restoration projects shall be completed as funding becomes available. Local, state and federal funding
sources shall be used to support restoration projects.
Policy 209.1.8 'I
Monroe County shall continue to utilize the Monroe County Environmental Land Management and
Restoration Fund for the management of County-owned and County-managed conservation lands. The
Fund may only be used for restoration and management activities of public resource protection and
conservation lands.
U
Policy 209.1.9
Monroe County shall support the efforts of state and federal agencies and private groups that buy land for
conservation purposes to remove invasive exotic vegetation from acquisition sites.
GOAL 210
0
The health and integrity of Monroe County's beach/berm resources shall be protected and,when possible,restored and
enhanced. X
Objective 210.1
Monroe County shall protect beach/berm resources by maintaining regulations that protect beach/berm
resources. c�
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Exhibit 1 Evaluation and Appraisal Review Amendments
U)
Policy 210.1.1
Permitted uses within the shoreline setback along natural shorelines characterized by beach/benn
vegetation shall be limited to docks and walkways. Access shall be restricted to dune walkover structures
which, in the absence of a dock, shall terminate at the waterward toe of the dune. All structures shall be E
elevated on pilings or other supports.
A
Policy 210.1.2
No beach/benn material shall be excavated or removed and no fill shall be deposited on a beach/berm. CL
d
Policy 210.1.3
Clearing of beach/berm vegetation in the area landward of the shoreline setback shall be limited to the
minimum clearing required to allow development of a permitted use. Prior to commencement of g
construction,the immediate area required for construction shall be enclosed with fencing.No vehicular or
pedestrian traffic shall be permitted outside the fenced areas for the duration of the construction period.All
areas disturbed during construction shall be managed to avoid the introduction and/or establishment of W
invasive exotic species.
CL
Policy 210.1.4 0
Beach/berm areas disturbed during construction shall be immediately restored to stable condition. U)
Restoration techniques shall be designed to achieve the maximum stability possible.Native plants shall be
used exclusively in re-vegetation. Invasive exotic vegetation shall be removed from the development site
as a condition for issuance of a Certificate of Occupancy. C,
Policy 210.1.5 U
Existing and new outdoor lighting shall be restricted or prohibited, as appropriate, so as to avoid adverse
impacts on beach nesting areas(See Policies 206.6.3 and 206.6.4).
Policy 210.1.6 U)
Seawalls shall be prohibited on any beach or open water(unaltered)shoreline.
U)
Policy 210.1.7 MI
Monroe County shall maintain a program to restore and maintain disturbed beach/berm resource areas on
public lands. U)
U)
Policy 210.1.8
Within Hn_aa ( m : a_uur Mau 41 -yar1t: � �lwa; pa�i� n-�t Ala z4 . � 1� Ba,uiva p.an;,_Monroe County
shall prepare beach management plans for all publicly-owned beaches (See Recreation and Open Space
Objective 1201.7 and related policies). Plans shall be maintained to be consistent with the current County
Restoration Plan. 'I
c1i
Objective 210.2
Monroe County shall maintain a program for acquiring undisturbed beach/berm resource areas(See Future Land
Use Objective 102.4 and related policies). [F.S. § 163.3178(2)(e)]
U
Policy 210.2.1
The County, in cooperation with the Monroe County Land Authority shall continue to develop and
administer a beach/berm acquisition program. [F.S. § 163.3178(2)(e)] E
Policy 210.2.2 0
Monroe County shall support the acquisition of undisturbed beach/berm resource areas for conservation
within areas designated Tier I, Tier II, Tier III-A, and the Florida Forever project boundaries. Priority X
beach/berm acquisition sites shall include those that:
1. are documented nesting sites for state- and federally-designated species; and/or
2. can accommodate public recreation uses without adverse impacts on sensitive natural resources(See E
Parks and Open Space Element Policy 1201.2.4); and/or
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Exhibit | Evaluation and Appraisal Review Amendments
3. are located within Improved Subdivisions(I8)zoning UF.8. § 163.3178(2)(e)
GOAL%11
Monroe County shall conserve and protect potable water resources and cooperate with regional efforts to ensure the E
�
continued availability oI high quality potable water. [F.8. § |63.3|77(6)d2b..c]
OWjcoCivc211,1
��onnouCouzVyshall encourage�euse oIv/*crconaurvudona�� in
cluding, C�
on,adu akumvu|cr collection systems used for irrigation and hio'avulua. and work cooperatively v/dbFKAA
�
and Miund'Dudu County to encourage v/*cr conservation efforts and uaauru that lumi use planning and c
development controls are maintained which protects the recharge area of the Florida City VVullDuN from �
potential sources of groundwater contamination and saltwater intrusion.(See Potable Water Objective 701.3 and
related policies). [F.8. § |63.3|77(6)d2b..cj
Policy211,1,1 W
Monroe County shall continue to assist the FKAA with water conservation efforts,including implementing
the FKAA'a VVu|cr Conservation Plan, consistent with 8FWMD'a VVu|cr Shortage Plan and VVu|crCL
=
Consumption Guidelines, and shall implement measures to further conserve potable water. (8uu Potable
Water Objective 701.5 and related poUciva). [F.8. § 163.3177(6)d2b..c]
Policy211,1,2
Monroe County has identified the freshwater lens system and associated recharge areas oI the Florida Keys CL
ua noted within Water Resources oI Big Pine Key,Florida, (Runaon. |980).
and U
duvulopnnoV regulations that regulate the mmrugu and use of hazardous n/atudula in recharge xruua,
prohibiting new water withdrawals, and phasing out existing water withdrawals to protect freshwater
lenses. [F.8. § 163.3177(6)d2b,ij
GOAL%1% �
�
Monroe County shall prioritize shoreline land uses and establish criteria for shoreline development in order to preserve m
and enhance coastal resources and to ensure the continued economic viability of the County. [F.8. § |63.3|78(2)(g)] �|
OWjcoCivc212,1
Within ��onn�u �oun� abul 0
develop and implement measures for regulating shoreline uses. Such measures shall reflect the following order 0
of priorities:
|. v/u|o`dupunduntnaua; �|
2. v/u|o`rulu|udnaua;
3. water-enhanced uses; and �n|
�
4. uses and activities that are not water-dependent,water-related,or water-enhanced,but for which there w
|
is no practicable upland alternative to meet the public need for the use or activity, shall receive the
lowest priority for u coastal location. [F.8. § 163.3178(2)(g)]
�
U
Policy212'1'1 .
County
abul develop u Shoreline Use Pdoddua Plan which abul provide for siting of uses consistent with the
following order oIpriority: |)water-dependent uses,2)water-related uses,3)water-enhanced uses,and 4)
uses that are not dependent upon or related to shoreline access.The plan shall accomplish the following: �
��
| ua*hUabpud�nnuncuakuximdaDoraborul��duvulopn/oV conai��ntv/dbcrduduDorn/minuadb��
� . �0
(See Objective 2|2.3 and related poUdud;
2. identify unvbnnn/oVul}y suitable waterfront areas and recommend atratugiva for reserving such areas X
for v/u|cr'dupundoV.v/*cprul*cd.and water-enhanced development sites consistent v/dbuadn/�ud W
need;
3. analyze conflicts among existing shoreline uses and recommend atratugivaDorrucucbngorulbnbnatbng
such conflicts; and
Pugu11
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
4. identify strategies for encouraging appropriate mixed use development that includes water-dependent,
water-related, and water-enhanced uses and is compatible with existing land uses. [F.S. §
163.3178(2)(g)]
Policy 212.1.2
Within one(1)year after the preparation of the Shoreline Use Priorities Plan,Monroe County shall:
1. adopt an amendment to the Comprehensive Plan that incorporates recommendations of the Shoreline A
Use Priorities Plan; and
2. adopt land development regulations that regulate existing and new shoreline development consistent CL
with the recommendations of the Shoreline Use Priorities Plan,within one year of the adoption of the
amendment proscribed above. [F.S. § 163.3178(2)(g)]
Policy 212.1.3
Monroe County shall maintain existing (January 4, 1996 -the effective date of the Monroe County Year
2010 Comprehensive Plan)commercial fishing operations as conforming uses. [F.S. § 163.3178(2)(g)]
Objective 212.2 a
Monroe County shall adopt minimum performance standards designed to reduce the stormwater runoff impacts, .2
aesthetic impacts,and hydrologic impacts of shoreline development. [F.S. § 163.3178(2)(g)]
Policy 212.2.1
u luiaa a au -ya Qu aid �1u xa p��a u a 141u -2 :#� l Bea,, 11 a w,-Monroe County shall a a uaJiu ua�M_�o ass
evaluate the minimum shoreline setbacks currently in use in Monroe County in coordination with DEO, C,
FDEP and FWC. Setbacks shall be identified which will accomplish the following: E
1. protect natural shoreline vegetation; U
2. protect marine turtle nesting beaches;
3. protect water quality;
4. protect structures aid address vuuNa a ubjfi�ja;-s from the effects of long-term sea level rise;
5. protect beaches and shorelines from erosion; and U)
6. allow redevelopment of existing waterfront commercial structures consistent with the existing
community character and preserve overwater views.
I
Policy 212.2.2
u luiaa a au �_l _ a= a �+i e-t',+)Hq)k14)14-a-) , id U)
t a°➢aiaa nuula aaaay a �aw °; una°a:llaivaiaaaa iQu w°;a�auiauu i'uu�luQ a ail 4lui aw:The uui:]apai,i:, 0
<,ho a➢uuia;,_setbacks currently in use may be relaxed only through the Special Approval process in Policy
212.2.4.Existing setbacks are as follows:
1. twenty (20) feet from the mean high water (MHW) line of manmade water bodies and/or lawfullyI
altered shorelines of natural water bodies; R
2. fifty (50) feet from natural water bodies with unaltered shorelines or unlawfully altered shorelines, �I
measured from the landward limit of mangroves,if any,and where mangroves do not exist,from the
mean high water(MHW)line; and
3. fifty(50)feet from any shoreline area which is known to serve as an active nesting or resting area for
marine turtles,crocodiles,terns,gulls and other birds. [F.S. § 163.3178(2)(g)]
U
Policy 212.2.3
The definitions for the terms "altered shoreline"and"unaltered shoreline" are as follows:
1. altered shorelines are generally located directly along dredged canals,basins and channels and/or have E
been filled or vertically bulkheaded to such a degree that the original natural slope landward of the
water is no longer present. c
2. unaltered shorelines are generally located along natural non-dredged waterways and open water and
have a sloping profile typical of the original natural conditions of the shoreline even though fill or X
riprap may be present.
w
Policy 212.2.4
Permitted uses and performance standards within the shoreline setback shall be as follows:
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Exhibit 1 Evaluation and Appraisal Review Amendments
Except as provided herein,principal structures shall be set back as follows: U)
1. Along lawfully altered shorelines including manmade canals,channels,and basins,principal structures
shall be set back at least twenty(20)feet as measured from the mean high water(MHW)line;
2. Along lawfully altered shorelines including manmade canals, channels, and basins, for parcels less
than 4,000 square feet that are developed with a lawfully established principal use, the required �E
setback may be reduced to a minimum of ten(10) feet provided that the structure is sited so as to
protect community character and minimize environmental impacts by maintaining open space and U)
protecting shoreline vegetation.
3. Along open water shorelines not adjacent to manmade canals, channels, or basins, and which have CL
m
been altered by the legal placement of fill:
a. Where a mangrove fringe of at least ten(10) feet in width occurs across the entire shoreline of
the property,principal structures shall be set back at least thirty (30)feet as measured from the
mean high water (MHW) line or the landward extent of the mangroves, whichever is further g
inland.
b. Where no mangrove fringe exists,principal structures shall be set back at least thirty (30) feet
from the mean high water(MHW)line,provided that native vegetation exists or is planted and `j
maintained in a ten (10) foot width across the entire shoreline as approved by the County
Biologist, and is placed under conservation easement; otherwise the setback shall be fifty (50) CL
feet as measured from the mean high water(MHW)line. 0
c. On infill lots surrounded by significant development where principal structures are set back less U)
than fifty (50) feet from mean high water (MHW) or the landward extent of mangroves, the
Director of Planning and Environmental Resources may evaluate the community character,the
presence or absence of environmental features, and the setbacks on adjacent developed C,
properties within two parcels on either side of proposed development, and may allow principal E
structures to be set back as far as practicable or in line with adjacent principal structures. In no U
event shall the setback be less than twenty(20)feet. On shorelines where the existing pattern of
setback is greater than thirty(30)feet,the greater setback shall apply.
4. Along unaltered and unlawfully altered shorelines,principal structures shall be set back fifty(50)feet
as measured from the mean high water (MHW) line or the landward extent of the mangroves, U)
whichever is further landward;
Accessory structures within the shoreline setback shall be designed to meet the following criteria:
1. Along altered shorelines,including manmade canals,channels,and basins: MI
a. In no event shall the total, combined area of all structures occupy more than sixty (60)percent
of the upland area of the shoreline setback; U)
b. Accessory structures,including,pools and spas shall be set back a minimum of ten(10)feet,as 0
measured from the mean high water(MHW)line; 0
2. Along open water shorelines which have been altered by the legal placement of fill, and where a
mangrove fringe of at least ten(10)feet in width occurs across the entire shoreline of the property:
a. In no event shall the total,combined area of all structures occupy more than thirty (30)percent
of the upland area of the shoreline setback;
b. Accessory structures other than docks and erosion control structures shall be set back a minimum
of fifteen(15)feet, as measured from the mean high water(MHW)line or the landward extent
of the mangroves,whichever is further landward;
3. Along unaltered shorelines:
a. In no event shall the total,combined area of all structures occupy more than thirty (30)percent U
of the upland area of the shoreline setback;
b. Accessory structures other than docks and erosion control structures shall be set back a minimum
of twenty-five (25) feet, as measured from the mean high water (MHW) line or the landward
extent of the mangroves,whichever is further landward;
4. Any proposed development within the shoreline setback shall include a site-suitable stormwater 0
0
management plan for the entire developed parcel which meets the requirements of the land
17
development regulations;
5. All structures within the shoreline setback shall be located such that the open space ratios for the entire
parcel and all scenic corridors and bufferyards are maintained;
c�
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Exhibit 1 Evaluation and Appraisal Review Amendments
6. Structures shall be located in existing cleared areas before encroaching into native vegetation. The
remaining upland area of the shoreline setback shall be maintained as native vegetation or landscaped
areas that allow infiltration of stormwater runoff, 'a
7. Side yard setbacks must be maintained for all structures in the shoreline setback except for docks,sea
walls,fences,retaining walls,and boat shelters over existing boat ramps;
8. No enclosed structures,other than a dock box of five(5)feet in height or less,a screened gazebo,and
a screen enclosure over a pool or spa,shall be allowed within the shoreline setback.Gazebos must be
detached from any principal structure on the parcel.No decks or habitable spaces may be constructed
on the roof of any gazebo in the shoreline setback; CL
9. Pools,spas,fish cleaning tables,and similar pollutant sources may not discharge directly into surface
waters. Where no runoff control structures are present,berms and vegetation shall be used to control
runoff.Native vegetation shall not be removed to install berms or runoff control structures;
10. All boat ramps shall be confined to existing scarified shoreline areas of manmade canals,channels, g
and basins with little or no native vegetation, and shall be located and designed so as not to create a
nonconformity for other structures set back from the new mean high water(MHW) line created by
the boat ramp; and `j
11. The roof and supporting members of a boat shelter constructed in compliance with Section 118-10 C
of the Land Development Code,as amended(hereby incorporated by reference),may extend two (2)
feet into the shoreline setback around the perimeter of a boat basin or ramp. This area shall be
subtracted from the total area allowed for all structures within the shoreline setback.
12. Shoreline structures shall be designed to protect tidal flushing and circulation patterns. Any project
that may produce changes in circulation patterns shall be approved only after sufficient hydrographic
information is available to allow an accurate evaluation of the possible impacts of the project.
Previously existing manmade alterations shall be evaluated so as to determine whether more E
hydrological benefits will accrue through their removal as part of the project. U
13. No development other than pile supported docks and walkways designed to minimize adverse
impacts on marine turtles shall be allowed within fifty (50) feet of any portion of any beach berm
complex which is known to serve as a nesting area for marine turtles:
a. The fifty(50)foot setback shall be measured from either the landward toe of the most landward U)
beach berm or from fifty (50) feet landward of MHW, whichever is less. The maximum total
setback will be one hundred(100)feet from MHW.
b. Structures designed to minimize adverse impacts on marine turtles shall have a minimum
horizontal distance of four(4) feet between pilings or other upright members and a minimum
clearance of two (2)feet above grade. The entire structure must be designed to allow crawling U)
turtles to pass underneath it moving only in a forward direction. Stairs or ramps with less than 0
the minimum two (2)feet clearance above grade are discouraged.If built,these portions of the 0
structure shall be enclosed with vertical or horizontal barriers no more than two(2)inches apart,
to prevent the entrapment of crawling turtles.
c. Beaches known to serve as nesting areas for marine turtles are those areas documented as such
on the County's threatened and endangered species maps and any areas for which nesting or '�
nesting attempts("crawls")have been otherwise documented.Within mapped nesting areas,the
Director of Planning and Environmental Resources may,in cooperation with FDEP,determine
that specific segments of shoreline have been previously, lawfully altered to such a degree that
suitable nesting habitat for marine turtles is no longer present. In such cases,the Director may
recommend reasonable measures to restore the nesting habitat.If such measures are not feasible,
the Director will waive the setback requirements of this paragraph. Restoration of suitable
nesting habitat may be required for unlawfully altered beaches.
14. Special Approvals:
a. For structures serving commercial uses, public uses, or more than three dwelling units, the
Planning Commission may approve deviations from the above standards as a major or minor c
conditional use. Such approval may include additional structures or uses provided that such
approval is consistent with any permitted uses,densities,and intensities of the land use district, X
furthers the purposes of this section, is consistent with the general standards applicable to all
uses, and the proposed structures are located in a disturbed area of an altered shoreline. Such a
additional uses are limited to waterfront dining areas,pedestrian walkways,public monuments
or statues,informational kiosks, fuel or septic facilities,and water-dependent marina uses.Any
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such development shall make adequate provision for a water quality monitoring program for a
period of five(5)years after the completion of the development.
b. For structures serving three or fewer dwelling units,the Director of Planning and Environmental 'a
Resources may approve designs that address unique circumstances such as odd shaped lots,even
if such designs are inconsistent with the above standards. Such approval may be granted only
upon the Director's written concurrence with the applicant's written finding that the proposed
design furthers the purpose of this section and the goals of the Monroe County Comprehensive
Plan. Only the minimum possible deviation from the above standards will be allowed in order
to address the unique circumstances. No such special approval will be available for after-the- CL
fact permits submitted to remedy a Code Enforcement violation.
c. All structures lawfully existing within the shoreline setback along manmade canals,channels,or
basins, or serving three or fewer dwelling units on any shoreline, may be rebuilt in the same
footprint provided that there will be no adverse impacts on stormwater runoff or navigation. g
d. Docks or docking facilities lawfully existing along the shoreline of manmade canals,channels,
or basins, or serving three or fewer dwelling units on any shoreline, may be expanded or
extended beyond the size limitations contained in this section in order to reach the water depths W
specified for docking facilities in Policy 212.4.2.Any dock or docking facility so enlarged must
comply with each and every other requirement of this Policy and Section 118-12 of the Land
Development Code,as amended(hereby incorporated by reference). [F.S. § 163.3178(2)(g)] 0
U)
Policy 212.2.5
Stormwater management criteria applicable to the shoreline setbacks shall encourage Best Management
Practices (BMPs)which utilize natural berms and vegetation to control runoff from waterfront property.
Berms shall not be installed where shoreline vegetation is present. Where berms are used along artificial E
waterways,they shall be raised so that there is a gradual slope away from the canal edge.In any case, all U
stormwater management criteria shall conform to adopted level of service standards for water quality and
quantity_ _�a➢<;a_uu_aa aluuuu�..ta�ala_a�taliur ua---- a ➢a---- a--e,_(See Drainage Element Objective 100 1.1 and
related policies).
U)
Objective 212.3
Marina facility development and redevelopment shall be consistent with the marine resource constraints, be
located in areas where maximum physical advantages exist and where no unreasonable or excessive impacts are MI
foreseen on natural resources and other significant resource. [F.S. § 163.3178(2)(g)]
U)
Policy 212.3.1 0
Monroe County shall maintain data on marine facilities (as available),including existing recreational and 0
commercial marinas,such as:
1. number of wet and dry slips;
2. usage rates of wet and dry slips;
3. breakout of slips by boat size;
4. on-site amenities including the number of parking spaces;
5. surrounding uses and any known or potential compatibility problems;
6. availability for public use(recreational marinas only);
7. number of boat ramps provided and the boat lanes for each ramp;
8. condition of facilities;
9. location and condition of adjacent navigational aids;
10. availability of pump-out facilities; and
11. controlling depth. [F.S. § 163.3178(2)(g)] E
Policy 212.3.2 0
The development of new marina facilities shall be located in areas where maximum physical advantages
exist and where no unreasonable or excessive impacts are foreseen on marine resources.Proposed new X
marina facilities shall meet the following requirements:
1. Benthic Vegetation and Hardbottom Communities. Siting of marinas in areas of seagrass or a
hardbottom(including hard and soft corals) should be avoided. Boat mooring sites (slips or docks) E
shall not be located over a seagrass bed community or hardbottom community regardless of water
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depth.No impacts to seagrass beds or hardbottom communities should result from the construction or
use of new marina development.
2. Adequacy of Circulation and Tidal Flushing. The proposed marina site shall exhibit adequate
circulation and tidal flushing.The waterway upon which the marina is proposed to be sited shall meet
or exceed State water quality standards,and must currently have "Good"water quality as indicated in �E
the County's most current canal inventory and assessment data. New marina development shall not
adversely impact the quality of water during construction or use. ra
3. Adequate Water Depth and Access.There shall be a minimum of four(4)foot of water depth at mean
low water at the marina site(including the mooring slips,turning basin,and access channels),and the CL
water depth shall be continuous to open water over a channel width of twenty (20)feet.Water depth
shall be adequate for the proposed vessel use such that there be a minimum of one(1)foot clearance
between the deepest draft of the vessel and the bottom at mean low water. Greater water depths shall
be required for those facilities proposed for accommodating vessels having greater than a three (3) g
foot draft. Sites shall not require dredging or filling to provide access.
4. Minimal Shoreline Modification.Marinas shall not be sited adjacent to unaltered shorelines as defined
in Sec. 101-1 of the Land Development Code. Minimal modification to the shoreline shall be `j
permitted per County Land Development Code Section 118-1, 118-12(m),and(o).
5. Quality of Upland Areas and Degree of Alteration Necessary. Marinas shall not be sited on lands
designated as Tier I or Tier III-A, if clearing is proposed. Marina development shall not adversely 0
impact the upland area of, or adjacent to, a proposed marina site. Additionally,marinas shall not be °U)
permitted on offshore islands or on units of the Coastal Barrier Resources System(CBRS).
6. Propeller Dredging Problem Areas. Siting of marinas in areas of seagrass propeller scarring should be
avoided.Marinas shall not be located adjacent to areas of severe seagrass scarring,based on the most
current data available from the Florida Fish and Wildlife Research Institute. E
7. Impact of Boats on Florida Manatee,American Crocodile, and Sea Turtles.Marinas shall be sited so U
as to prevent impacts to the Florida Manatee,American Crocodile,and marine turtles and protect their
habitat by avoiding areas of known American Crocodile range, areas with high watercraft Florida
Manatee mortality, or areas that include a beach known to be used for marine turtle nesting. Site
characteristics can be assessed using current data from the Florida Fish and Wildlife Conservation U)
Commission.
8. Other Significant Resources. No adverse impact shall be permitted on archaeological or historic
resources/sites.
Applicants for new marina development shall be responsible for providing existing physical and U)
environmental site data specific to the proposed site to demonstrate the marina siting criteria described 0
above is met. 0
Policy 212.3.3 �
Applicants for development approval of marinas with three(3)or more slips shall meet the following:
1. Monroe County's marina siting criteria(See Policy 212.3.2); �I
2. Monroe County's dock siting criteria(See Objective 212.4 and related policies); and
3. criteria of Rules 62-312 and 18-21.0041,F.A.C. and Section 163.3178(2)(g),F.S.
Policy 212.3.4
Applicants for development approval of docking facilities for fewer than three (3) slips shall meet the
following criteria:
1. Monroe County's dock siting criteria(See Objective 212.4 and related policies); and
2. criteria of Rules 62-312 and 18-21.0041,F.A.C.
Policy 212.3.5 0
Applicants proposing a new marina facility shall obtain necessary permits from all applicable state and
federal regulatory agencies. X
w
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Objective 212.4 U)
Monroe County shall maintain land development regulations pertaining to mooring fields and structures built
over water(including,but not limited to,boat docks,fishing piers,swimming piers and observation decks). [F.S.
§ 163.3178(2)(g)]
Policy 212.4.1
Monroe County shall support state policies and regulations concerning the permitting of marinas, docks U)
and piers, except in those instances where more stringent regulations adopted by Monroe County shall be
maintained. [F.S. § 163.3178(2)(g)] CL
d
Policy 212.4.2
Except as provided herein, siting of single family docks, boat ramps, and boat slips on manmade water
bodies shall require minus four(4)feet mean low water(MLW)depths at the terminal end.These structures g
must have continuous access to open water at depths of minus four (4) feet (MLW) or greater over a
channel width of twenty (20) feet, or access to open water via a marked, federally and state approved
navigation channel. �
1. Docking facilities may be developed on any shoreline if there is a mean low water(MLW)depth of a
least minus four(4) feet at the terminal end of the docking facility, and continuous access to open
water,or
2. Docking facilities may be developed on the shoreline of lots in a subdivision if the docking facility is U)
located in a channel or canal or basin that connects five or more contiguous lots which was dredged
before 1986, and if there is a mean low water (MLW) depth of at least minus four (4) feet at the
terminal end of the docking facility.
E
For purposes of this policy 'open water" means the portion of the straits of Florida,Florida Bay,the Gulf U
of Mexico,or the Atlantic Ocean which consists of an uninterrupted expanse of water deeper than four(4)
feet at mean low water(MLW) and"continuous access" means a natural passage or an existing manmade
channel no shallower than four(4)feet at mean low water(MLW)and no narrower than twenty(20)feet.
U)
Policy 212.4.3
The minimum water depth requirement at the mooring site shall be minus four(4)feet mean low water.
I
Policy 212.4.4
The following restrictions shall apply to all structures built over or adjacent to water (including but not U)
limited to boat docks,fishing piers,swimming piers and observation decks): U)
1. the maximum permitted length of docks shall be commensurate with the shoreline width of the land 0
parcel at which the dock is located,subject to a maximum length of 100 feet from the mean low water
line;
I
2. the length of docks shall not exceed ten (10) percent of the width of the waterbody as measured
laterally across the waterbody from the proposed location of placement and from the point of mean �I
low water to the opposing point of mean low water(exception to this shall be made in cases where
adequate depth at the terminal end of the dock pursuant to Policies 212.4.2 and 212.4.3 is not gal
available;in such cases the dock may be shortened only enough to allow the centerline of an average
width vessel to lie in four feet of water at mean low water);
3. no dock together with a moored boat shall preempt more than twenty-five(25)percent of the navigable
portion of a man-made waterbody.This should allow for a structure built over water on either side of
the waterbody to have a moored boat and room for free passage of two boats down the center of the
waterbody;
4. all fishing, swimming, and other piers and observation decks shall conform to design criteria to be
adopted in the land development regulations which prohibit their use as a dock. c
0
A special exception procedure shall be included in the Land Development Code to allow the minimum X
relaxation of the above restrictions which is necessary to provide the upland owner reasonable access to w
adjacent waters for recreational use. That special exception procedure shall incorporate, among other a
criteria,requirements that such structures not be inconsistent with community character,not interfere with E
public recreational uses in or on adjacent waters,and pose no navigational or safety hazard.
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U)
Policy 212.4.5
Monroe County shall continue to prohibit the location of mooring sites over submerged land which is
vegetated with seagrasses or characterized by a hard-bottom community,regardless of water depth,except
as may be permitted by the FDEP.This prohibition shall not apply to mooring fields,if there is an overriding
public interest or benefit. Applicants for mooring fields shall provide data and analysis demonstrating
environmental, social, and economic benefits which would accrue to the public at large as a result of a U)
proposed facility. [F.S. § 163.3178(2)(g)]
C,
CL
Policy 212.4.E
Docking facilities and piers shall not terminate on submerged land which is vegetated with seagrasses or
characterized by a hard-bottom community,regardless of water depth, except as may be permitted by the
FDEP.Design criteria to permit sunlight to reach the bottom shall be adopted.No boat shelters or gazebos g
shall extend over submerged lands vegetated with seagrasses or over hard-bottom communities.
Policy 212.4.7 W
Monroe County shall establish, evaluate and identify potential sites for the installation of mooring fields C
and maintain policies and regulations pertaining to mooring fields,which specifically address the following CL
(some sections may not apply to short-term recreational mooring fields): 0
1. Siting criteria; °U)
2. Mooring design criteria based on seagrass protection as permitted by FDEP;
3. Recommendations or standards for management from shore-side facilities; and
4. Provision of vessel pump-out services; and[F.S. § 163.3178(2)(g)] C,
5. Current need for moorings and projected use. E
U
Objective 212.5 'a
Monroe County shall maintain land development regulations pertaining to shoreline stabilization. [F.S. §
163.3178(2)(e)]
U)
Policy 212.5.1
No new bulkheads,seawalls or other hardened vertical shoreline structures shall be permitted on open water
(unaltered shorelines). [F.S. § 163.3178(2)(e)] MI
Policy 212.5.2 U)
In lieu of bulkheads,seawalls or other hardened vertical shoreline structures,residential canals and altered 0
shorelines shall be stabilized by maintaining native vegetation. When it can be demonstrated that native C9
vegetation will not prevent erosion, then riprap or sloping rock revetments shall be permitted. [F.S. §
163.3178(2)(e)] �
Policy 212.5.3 'I
Bulkheads,seawalls or other hardened vertical shoreline structures shall be permitted on residential canals
and altered shorelines only in the following situations:
1. to replace an existing deteriorated bulkhead or seawall;or
2. to stabilize a severely eroding shoreline area. [F.S. § 163.3178(2)(e)]
U
Policy 212.5.4 0
Shoreline structures shall be designed to protect tidal flushing and circulation patterns. Any project which
may produce changes in circulation patterns shall be approved only after sufficient hydrographic E
information is available to allow an accurate evaluation of the possible impacts of the project. Previously
existing manmade alterations shall be evaluated so as to determine whether more hydrological benefits will c
accrue through their removal as part of the project. [F.S. § 163.3178(2)(e)]
X
E
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Exhibit 1 Evaluation and Appraisal Review Amendments
GOAL 213
Monroe County shall ensure adequate public access to the beach or shoreline. [F.S. § 163.3178(2)(g)]
Objective 213.1
Monroe County shall increase,y➢ua u a_raQir,uh]➢,_,.the amount of public access to the beach or E
shoreline consistent with the estimated public need and environmental constraints. [F.S. § 163.3178(2)(g)]
M
A
Policy 213.1.1
Within three (3)years Monroe County shall complete 0.
a Public Access Plan for unincorporated Monroe County.The Public Access Plan shall estimate the existing
capacity of and need for the following types of public access facilities which are available to the general
public:
1. public access points to the beach or shoreline through public lands uuua_➢u.dilu� r i;;I L)f ww 1,y<!�; g
2. public access points to the beach or shoreline through private lands;
3. parking facilities for beach or shoreline access;
4. coastal roads and facilities providing scenic overlooks; `j
5. marinas;
6. boat ramps;
7. public docks; 0
8. fishing piers; and U)
9. traditional shoreline fishing areas. [F.S. § 163.3178(2)(g)]
Policy 213.1.2 0,
Monroe County shall <,ujpl2i11:_ma-HaH-H-uo m or replace physical public access to beaches and shorelines, E
including reclaiming public access through county owned land that has been encroached upon by U
neighboring property owners, in accordance with provisions of the appropriate park master plans and
current management plans for County-owned beaches.(See Recreation and Open Space Objectives 1201.3
and 1201.7 and related policies.) [F.S. § 163.3178(2)(g)]
U)
GOAL 214
Monroe County shall a n„ulna uuuu_al,tt_provide the necessary services and infrastructure to support existing and new
development proposed by the Future Land Use Element while limiting County public expenditures which result in they
loss of or adverse impacts to environmental resources in the Coastal Zone. [F.S. § 163.3178(2)(f)]
U)
Objective 214.1 U)
County public expenditures for infrastructure in the Coastal Zone shall be phased in accordance with a capital 0
improvements schedule to maintain the adopted level of service (LOS) standards established in the
Comprehensive Plan. [F.S. § 163.3178(2)(f),(i)] �
Policy 214.1.1 'I
Monroe County shall maintain level of service standards (LOS) for the following public facility types:
roads,sanitary sewer,solid waste,drainage,potable water,parks and recreation,and mass transit.The LOS
standards are established in the following sections of the Comprehensive Plan:
1. The LOS for roads is established in Traffic Circulation Policy 301.1.1 and 301.1.2;
2. The LOS for potable water is established in Potable Water Policy 701.1.1; U
3. The LOS for solid waste is established in Solid Waste Policy 801.1.1;
4. The LOS for sanitary sewer is established in Sanitary Sewer Policy 901.1.1;
5. The LOS for drainage is established in Drainage Policy 1001.1.1; and
6. The LOS for parks and recreation is established in Recreation and Open Space Policy 1201.1.1.
O
0
Policy 214.1.2
Monroe County shall maintain land development regulations which provide a Concurrency Management X
System(See Capital Improvements Policy 1401.4.5). The Concurrency Management System shall ensure W
that no permits will be issued for new development unless adequate public facilities needed to support the a
development at the adopted LOS standards are available concurrent with the impacts of development. [F.S.
§ 163.3178(2)(f),(i)]
c�
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Exhibit 1 Evaluation and Appraisal Review Amendments
U)
Policy 214.1.3
Monroe County shall limit public expenditure on the mainland to the repair and maintenance of existing
public facilities and infrastructure. [F.S. § 163.3178(2)(f),(i)]
GOAL 215
Monroe County shall provide for hurricane evacuation, shelters and refuges, and communication capabilities to ra
promote safeguarding of the public against the effects of hurricanes and tropical storms. [F.S. § 163.3178(2)(d)]
Objective 215.1
Monroe County shall maintain a maximum hurricane evacuation clearance time of 24 hours. [F.S. §
163.3178(2)(d)]
Policy 215.1.1
Monroe County shall continue to work cooperatively with the municipalities and DEO to complete the
tasks within Rule 28-20.140 F.A.C,related to hurricane evacuation modeling. [F.S. § 163.3178(2)(d)]
Policy 215.1.2
During a hurricane evacuation,Monroe County shall designate US 1 and Card Sound Road as evacuation 0
routes as directed by the jFjorkhi Divisjoi of Emergency Management. [F.S. § 163.3178(2)(d)] °U)
Policy 215.1.3 =
Monroe County shall annually identify and establish staffing and equipment need priorities which are C,
directly related to increasing efficiency during hurricane evacuation, including, but not limited to, E
communication systems,emergency coordination personnel,public education personnel,and development U
review personnel. Opportunities for fulfilling the deficiencies with reliable interagency support shall be
identified and interlocal agreements initiated. [F.S. § 163.3178(2)(d)]
Policy 215.1.4 U)
In the event of a pending major hurricane (category 3-5) Monroe County shall implement the following
staged/phased evacuation procedures to achieve and maintain an overall 24-hour hurricane evacuation
clearance time for the resident population. MI
1. Approximately 48 hours in advance of tropical storm winds,a mandatory evacuation of non-residents, it%
visitors, recreational vehicles (RV's), travel trailers, live-aboards (transient and non-transient), and U)
military personnel from the Keys shall be initiated. State parks and campgrounds should be closed at U)
this time or sooner and entry into the Florida Keys by non-residents should be strictly limited. i9
2. Approximately 36 hours in advance of tropical storm winds,a mandatory evacuation of mobile home
residents, special needs residents, and hospital and nursing home patients from the Keys shall be
initiated.
3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased evacuation of
permanent residents by evacuation zone (described below) shall be initiated. Existing evacuation
zones are as follows:
a) Zone 1 -Key West, Stock Island and Key Haven to Boca Chica Bridge(MM 1-6)
b) Zone 2 -Boca Chica Bridge to West end of 7-mile Bridge(MM 6-40)
c) Zone 3 -West end of 7-Mile Bridge to West end of Long Key Bridge(MM 40-63) U
d) Zone 4-West end of Long Key Bridge to CR 905 and CR 905A intersection(MM 63-106.5 and
MM 1-9.5 of CR 905)
e) Zone 5 -905A to,and including Ocean Reef(MM 106.5-126.5) E
The actual sequence of the evacuation by zones will vary depending on the individual storm.The concepts c
embodied in this staged evacuation procedures should be embodied in the appropriate County operational
Emergency Management Plans. X
w
The evacuation plan shall be monitored and updated on an annual basis to reflect data from actual a
evacuation events and increases, decreases and or shifts in population; particularly the resident and non- E
resident populations. [F.S. § 163.3178(2)(d)]
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Exhibit 1 Evaluation and Appraisal Review Amendments
U)
This Policy shall not increase the number of allocations to more than 197 residential units a year, except
for affordable housing.Any increase in the number of allocations shall be for affordable housing only.
Policy 215.1.5
In accordance with the Monroe County Hurricane Preparedness Evacuation and Shelter Plan,special needs
populations shall be identified by the Monroe County Department of Emergency Management. Monroe
County shall implement the procedures contained in the Plan for the safe evacuation of these populations.
[F.S. § 163.3178(2)(d)] CL
d
Policy 215.1.6
--4 io-om -(4+yaa i'le---141 -iidop 1i)ii-o I ➢=°ii ,_Monroe County shall euua-a�uau_u�rg. c�
aaip��io-ap a ;➢ap�� n � �-ra uai atiu w� i lu a�10-i a=flu ➢i new and redeveloped marinas is ij _➢apmpa ¢ iai 2
a hurricane contingencylan V.a ➢➢a 4 Aap& ➢➢pP NVpV➢�➢,ill ➢Vn& ";,4p➢_a,"+ ➢ "+&_u 4pA➢➢p 4&";,",& "+ N➢"0.pp l NV&A ➢�➢A�;
P fl�P H�ikve�sp b0a a ;1 ➢a u aid1 lts.. !o-!Jq aflm.�iu6; 1a-o-l�ap� [offiu _ _ _ 22
_ _ _ r--------
F S.
§ 163 :i 1`78(2)(d)l
a
Policy 215.1.7 L
Monroe County shall establish separate dedicated funds to accommodate future technological advances in 0
hurricane analyses and communication systems for the Emergency Management and Emergency °U)
Communications Department. [F.S. § 163.3178(2)(d)]
Policy 215.1.8 C,
During a hurricane evacuation, Monroe County shall implement the procedures contained in the Monroe E
County Hurricane Preparedness Evacuation and Shelter Plan for modifying normal bridge openings U
including coordination with the U. S. Coast Guard and Florida Department of Transportation. [F.S. §
163.3178(2)(d)]
Policy 215.1.9 U)
Monroe County shall maintain a Post-Disaster Recovery Plan which will include a structured procedure
aimed at debris removal preparedness during hurricane evacuation and re-entry (See Objective 216.2 and
related policies). [F.S. § 163.3178(2)(d)] �
Policy 215.1.10 U)
Monroe County shall coordinate with the Florida Department of Transportation(FDOT)to ensure that US 0
1 roadway capacity improvements necessary to maintain hurricane evacuation clearance time at 24 hours, 0
➢1C_u IVV(bIj&.➢ug &d U_s Val _I_d d i-e ss ➢I IQ '10__y_ ji c,Is pro_�_ c N,c�_ri se. Io-11_c oV:q_�p1y s (y i c,thiIJIo rSIg C.., are �
completed. [F.S. § 163.3178(2)(d)] �
a�
Policy 215.1.11 'I
Monroe County shall continue to evaluate programs to reduce the number of evacuating vehicles including,
but not limited to programs to encourage ride-sharing and transit usage and,consistent with applicable law,
evacuating vehicle registration requirements. [F.S. § 163.3178(2)(d)]
Policy 215.1.12
Reduced evacuation clearance times which may result from adjustments to evacuation model variables,
programs to reduce the number of evacuating vehicles or increased roadway facility capacity, shall not be
used to increase development expectations beyond the growth allocations provided herein, except to the E
extent that a hurricane evacuation clearance time of 24 hours can be maintained. Any necessary reduction
in hurricane clearance times shall be accomplished by a plan amendment within 180 days of the re- c
assessment.
X
Policy 215.1.13
For the purposes of hurricane evacuation clearance time modeling purposes, clearance time shall begin C
when the Monroe County Emergency Management Coordinator issues the evacuation order for permanent E
residents for a hurricane that is classified as a Category 3-5 wind event or Category C-E surge event. The
a�
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Exhibit 1 Evaluation and Appraisal Review Amendments
termination point shall be U.S. Highway One and the Florida Turnpike in Homestead/Florida City. (Rule
28-20.140, FA..C. `�/-14204-1)
Objective 215.2
Monroe County shall continue to address existing and projected shelter deficiencies for Category 1 and 2 storms. E
[F.S. § 163.3178(2)(d)]
ra
2A
Policy 215.2.1
Monroe County shall monitor the need for in-county shelters on an annual basis. [F.S. § 163.3178(2)(d)] CL
d
Policy 215.2.2
Monroe County shall coordinate with State and Federal agencies to evaluate the potential establishment of
a dedicated Category 5 Emergency Operations Center. g
Objective 215.3
Monroe County shall continue to seek to provide additional shelter spaces outside Monroe County for all county `j
residents who will require shelter from a Category 3 or greater hurricane. [F.S. § 163.3178(2)(d)]
CL
Policy 215.3.1 0
Monroe County shall continue to coordinate with the Florida Division of Emergency Management, the U)
South Florida Regional Planning Council, Miami-Dade County, the Red Cross and other appropriate
agencies to identify sufficient approved shelter spaces (including pet-friendly shelter space) outside of
Monroe County for all county residents who will require shelter from a Category 3 or greater hurricane. C,
Priority consideration shall be given to expansion of the currently designated shelter at Florida International E
University in order to consolidate Monroe County shelter spaces in one location. [F.S. § 163.3178(2)(d)] U
Policy 215.3.2 _
Ar; 252 1'5__F _gauaq➢,u,a _u_ua uJfi u�_"_;,__uuaa_➢u11 a��uuu __";a_➢ua a_➢M ua pMu,
fi N i r; uuu��a�i➢gau_u_ua_u➢u,�ua_r,_a�yvlml O ➢,� used_ty i➢u,_r;�uta a�u_➢aka u➢�,a���uu_unun�uu�r; �➢uua_➢u ire sua,ii ible_uor use
:r;_pauaq_➢ia_ ➢yuauuua_uuu __ ua_uauivauu_r;➢M us slu_u➢➢_benunul,euw_uu➢_ub➢uq0➢ _re uluu,m;i_ofu Iue ➢a�a_i➢ �uun uVem"y
u un uu a u;a_u'ina u u ,Monroe County shall a.o u>ju uu e ao maintain an intergovernmental agreement with Miami-Dade
County and other appropriate agencies (e.g., Board of Regents, American Red Cross) in an attempt to MI
provide sufficient approved spaces outside of Monroe County for all county residents who will seek shelter
from a Category 3 or greater hurricane.(See Policy 1301.7.4) [F.S. § 163.3178(2)(d)] U)
U)
GOAL 216
Monroe County shall maintain a program of hazard mitigation and post-disaster redevelopment to increase public
safety and reduce damages and public expenditures. [F.S. § 163.3178(2)(d),(h)] �
Objective 216.1
Monroe County shall maintain a program of hazard mitigation in the Coastal High Hazard Area(CHHA)which
reduces floodplain alteration and damage or loss due to natural disasters. [F.S. § 163.3178(2)(h)]
Policy 216.1.1
Monroe County shall define the CHHA as the area below the elevation of the category 1 storm surge line
as established by a Sea,Lake, and Overland Surges from Hurricanes(SLOSH)computerized storm surge
model.The CHHA shall be shown on the Future Land Use Map. [F.S. § 163.3178(2)(h)]
Policy 216.1.2
Monroe County shall require that all new or replacement sanitary sewage systems in the CHHA meet the c
following requirements:
a) All new or replacement sanitary sewage systems shall be designed and constructed to minimize X
or eliminate infiltration of floodwaters into the system and discharge from the system into w
floodwaters. Joints between sewer drain components shall be sealed with caulking, plastic or a
rubber gaskets,and all manhole covers shall be sealed in a similar manner.
c�
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Packet Pg. 3520
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
b) All new or replacement sanitary sewage systems shall be located and constructed to minimize or
eliminate damage to them and contamination from them during flooding. [F.S. § 163.3178(2)(h)]
Policy 216.1.3
Monroe County shall coordinate with the FKAA-(-I -A- -( in the continued development of an Aquifer E
Storage Recovery System to supply emergency potable water in the event that the transmission lines from
the mainland are disrupted during a natural disaster. The County shall encourage FKAA to provide A
emergency service during electric power outages and hurricanes. Monroe County endorses burying the
potable water transmission lines to reduce their exposure to natural disasters where economically feasible. CL
d
P4W,y-��.:.lq-t 4-A
iipm-oia4a4e;
9�&➢par ;�9�q.,��aak ;� drin$��� &dl 9VxakA49=ak$��p ➢4 � kp.,�9�➢p �� r 4 �R.& l V ➢ ➢Bpi d9 B:C 2
' 1 a88=a� � � 11 1 � (u� g 1 1 ➢1 q v�;w,�( �fl =1- u-e-v4six.:1 ii"i a-v aT-
&4= � �V R 4°i9pd1$� b➢p �b °i r$.9 �8 .a �t ➢➢ 9-ak 4 :4 kA/c4�:1 ➢�➢ 'ak$9 �p��;16@=V � ak� 4 e:.� 99 l &4x k➢& p k$fib° C�
1114Wy-42-11-44-;-
�8➢8Py84v-�-��V-�9�� k��ak� a�-Y��Yr��p�-p4-�7� �x'�8 u-��i��r��a-�l!�-V-�N4 l�-ak$�� � n�ai s ��_ yr dp
_` i i � ��8��1 ➢�188�8�1 R���;������s.�-A---BBB ����=��-(x� �-ii ���B�u-�B��B��
1 �u� y;� � $ ( flu � � u �u�� � � p. ; �biul ;81� k �a u� l�a u� ,u���a 11- - ➢ k U)
M�a r� - ���� � B Ali a':;�a �uu� a t� u. u i = ➢ 4 u &�o-..a P a-t u�.,k a 1 l v � u a��a na= t E
p � n�� �l wa 1 � .�ian �� ( al��� a 1 u: au , p.����ar'a �6 a�via��u t �1 u � a� � ��;� �s.,➢=ra o-lu� a� � t U
u;;�Y➢81�aki➢8�'icl 1W-&-�R�I�°r-�Qy➢�d�-4-���a'�� .y9�kn4-Rpl�9"�"'r�'��R�ak$9��y-u�;_"k��hak� �ti;-8::��y-u�;➢k��9"���-s��,--Qy-WIMs"a$yo- -ab�r u-a��yo-o-1W&k��.y9��b�9t�9=��-��a�y-Nys�k��°;,. •t3
Policy 216.1. 7 U)
Monroe County shall consider floodplain management and CHHA issues in making public acquisition
decisions. [F.S. § 163.3178(2)(d)]
I
Policy 216.1.
Monroe County shall require that, to the greatest extent practicable, development activity, such as land U)
clearing,grading and filling will not disturb natural drainage patterns. 0
C9
Objective 216.2
Monroe County shall maintain a Post-Disaster Redevelopment Plan which addresses priorities for immediateI
recovery and long-term redevelopment including reducing the exposure of human life to natural hazards. [F.S. §
163.3178(2)(d)] 'I
Policy 216.2.1
As provided by its Hurricane Preparedness Evacuation and Shelter Plan, Monroe County shall annually
coordinate post-disaster recovery operations to clarify the roles and responsibilities of county departments,
state and federal agencies,private and public utilities, and other applicable entities. Deficiencies shall be U
identified and Monroe County shall immediately initiate interlocal agreements or interdepartmental 0
directives as necessary to remedy the existing deficiencies. [F.S. § 163.3178(2)(d)]
Policy 216.2.2
Monroe County shall maintain a Post-Disaster Redevelopment Plan which specifies procedures for c
implementing programs for immediate repair, replacement, and cleanup, and long-term rebuilding and
redevelopment.The plan shall also include procedures for the identification of damaged infrastructure and X
consideration of alternatives to its repair or replacement in the CHHA. [F.S. § 163.3178(2)(d)] W
c�
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Packet Pg. 3521
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
Policy 216.2.3 U)
The Post-Disaster Redevelopment Plan shall identify areas particularly susceptible to damage within the
CHHA such as the FEMA designated V-zones and repetitive loss areas as defined by FEMA and shall
specify procedures for relocating or replacing public infrastructure away from them,where feasible. [F.S.
§ 163.3178(2)(d)] E
Policy 216.2.4
Monroe County shall update the Post-Disaster Redevelopment Plan and coordinate with Emergency
Management to include in the Local Mitigation Strategy considerations for repetitive loss and severe 0.
0.
repetitive loss structures and limits to redevelopment in areas within the CHHA particularly susceptible to
repeated damage. [F.S. § 163.3178(2)(d)]
Policy 216.2.5
In no event shall emergency declarations before, during or following hurricane disaster negate the
requirements of these policies and goals, or any regulations derived from them except following a public
health menace declaration. W
Policy 216.2.6
Following the update of the Post-Disaster Redevelopment Plan, guidelines contained therein for 0
development after a natural disaster shall be incorporated within the Comprehensive Plan by plan °U)
amendment. Such amendment shall be processed at the next available plan amendment cycle following
completion of the redevelopment plan.
CL
Objective 216.3 E
Monroe County shall maintain land development regulations which directs future growth away from the Coastal U
High Hazard Area(CHHA.),_[F.S. § 163.3178(2)(h)]
a�
Policy 216.3.1
Monroe County shall prohibit the construction of mobile homes within the CHHA except on an approved U)
lot within an existing mobile home park or subdivision zoned for such use as of the effective date of this
plan.
I
Objective 216.4
County public expenditures within the CHHA shall be limited to the restoration or enhancement of natural U)
resources and parklands, expenditures required to serve existing development such as the maintenance or repair 0
of existing infrastructure,and expenditures necessary for public health and safety.The following exceptions may
be considered:
1. County public expenditures within the CHHA may be permitted where required to meet adopted levelI
of service standards or to maintain or reduce hurricane evacuation clearance times and where no
feasible alternatives to siting the required facilities within the CHHA exist. �I
2. County public expenditures within the CHHA may be permitted for improvements and expansions to
existing public facilities, if improvements or expansions are designed to minimize risk of damage gal
from flooding. [F.S. § 163.3178(2)(h)]
Policy 216.4.1
Monroe County shall limit County public expenditures in the CHHA by requiring consideration of feasible 0
siting and design alternatives for public facilities and infrastructure. [F.S. § 163.3178(2)(h)]
Policy 216.4.2
No County public expenditures shall be made for new or expanded public facilities in areas designated as c
units of the Coastal Barrier Resources System,undisturbed saltmarsh and buttonwood wetlands,or offshore
islands not currently accessible by road, with the exception of expenditures for wastewater facilities, X
conservation and parklands consistent with natural resource protection, and expenditures necessary for w
public health and safety. [F.S. § 163.3178(2)(h)]
c�
Page 12
Packet Pg. 3522
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
GOAL 217
The coastal area of Monroe County shall be managed to promote public access to the marine and coastal waters,to
balance the protection of recreational and commercial working waterfront and commercial fishing uses and the
preservation and protection of coastal and natural resources and the community character. [F.S. § 163.3178(2)(g)]
Objective 217.1
Monroe County shall adopt and implement incentives and criteria to encourage the preservation of 1) public U)
access to the navigable waters of the State, 2) commercial fishing uses and 3) recreational and commercial
working waterfront uses,as defined by Section 342.07,F.S.,excluding transient uses. [F.S. § 163.3178(2)(g)]
d
Policy 217.1.1
The strategy to preserve and protect commercial fishing and recreational and commercial working
waterfront uses shall include the following: g
1. Exemptions from the requirements of the Permit Allocation System for new nonresidential
development,pursuant to Policy 101.4.5;
2. Providing for the preservation of recreational and commercial working waterfront uses within the `j
Mixed Use Commercial and Mixed Use Commercial Fishing Future Land Use categories,pursuant to
Policy 101.5.6 and Policy 101.5.7;
3. Maintaining land development regulations to allow lawfully established water-dependent and water- 0
related commercial uses which are identified as a source of economic sustainability within a Livable °U)
CommuniKeys Plan to be rebuilt, even if 100% destroyed, providing they meet the replacement
criteria established in the adopted LCP, are rebuilt to the preexisting use, and are registered and
recognized by the Planning &Environmental Resources Department as lawful nonconforming uses C,
and structures; and E
4. Implementation of marina siting criteria for new marinas. [F.S. § 163.3178(2)(g)] U
GOAL 218
molaroe alupauumy_r➢u_N➢➢ a_a u_ur;ud u_�➢_u _8a u_u_V_a u_ uQa a �]uuuu._uuunlaua _ia _ ➢uuunuuu_u� _uuu_ulagaualauu_ui aloe_ual_usafde CIOgau_un�uu�__uuu
uulu M a➢a gaaunuuuu_la➢_au_uM; _ _ _ ,_ap a m ➢ areas�➢ � p0l _ u � � �) � _78(2 �11
__ __ _ _
I[ a is ut 218.1
U)
]' ol_uro _(_auau_alyr➢_u_u➢➢_tuua➢ua�( _iuu_uir_9.a➢auuuuuuu __ uuOils_��evela�paupn�uui_aludrede���➢a�gau_un�uu�_.lau_uua_a_ita➢�r,,_sl ala�u�r;7_ualud
aapu aapaas uapu r;d luuuaa apr,V p NV asd1aNu a fa d d,�a_ur,➢< aaa a a ar;� a aaa ar; as as r;r; ➢aa a auauuaanapaua�y,_w➢uaa➢u_aa r;up➢�r;_ua_a auu ➢ua -la_ -----
l_ d� U)
&4/&ap�", ",Vd7�appp ",Np➢��,&_,�__� N", p � �7�d7�d",�__`,Vd7�aVppwa�&a Naa' Vpa a'a NVad__.a ", f ,&
(1633 1 7` 2��.(l_(,��,, U)
C9
�M➢ua_ _a uaua�y_r➢u_u➢➢ ( ➢a la y_ (( ( __u_r;_➢ua uu,_uun u�uuauun__uluu�_➢a u_u _� uuun_1[ a_u�(r__uuuu�__ is uuun�_ui u_(_Maui a➢_J'Iaalu
uuuua u_uun�_��,q�y_uuaivaua_:u_a u:➢u �]_ru r;uu levels_ _a u_r;_u_aua ua u_uQa a�(uuuar; uuaivau set A➢ev u_ur, _9.aual a�Mia uur,_uuu a i➢uuu
➢l�,N➢_luuu(_1au�➢ua_y_uup_N➢y_�a_"_u�.
I
CN
\" uu➢uuu_u_iyva_y _uu,r;a u_a a uunta➢aiuuuu,_i➢;ua_]I a u ur; ulud S�Oramai:u u_(_alau�a➢_u°➢a_uu, II C_(11_Ouuuu�
1.a,u�u,uuauga➢fir; auuuu_r;�uuuau�u�r;_i;➢ua�_uu_��_uaa�_auauu�uui_uuu��uuauuauu_u_1la�a��uuur,➢_<: ➢°u uuuau9.a,➢�r,r,➢u_a➢➢ q��__rq�;➢_uu r�u➢➢��a u_a-p aua ,ua_
; Onfl il a ; uuua as al u� uuaual uaa uaag k tiu 0it Juta �evelonl e'1inu_ u a�u�uuu ur;.uu�a.'Ita,�uMuuuuuaiu utu� _ r,_ _a ➢_ - 1 u_li _ __ua _ a u, ; ( _ am
V(II,&� au�7!(d7�kap_a�_,_&➢�0.v➢aua_aa_pa'a� �(a"+Nr±Vaa a_p"±�<;A&�(Vpu iialap Naper,�7�p a_N(�(�,llpn�al!�"+�7!� a_ar,a➢alllpp �a�A N�ak;➢&,";;_llunl gaup�apd�&, �
uu,M;i_laa_Na_iva r,i➢uuplaau01JI:tra__e➢evadolu_aladflloga tgIaaIQuau_u gaa_ai a�aauu_au;,bupaVu(ua_uu aunua_(uu_uupuq_a➢_r;yr;�a_uunr, aluur,uiu;,
ma�,V;aa adlap apd aau'�aalup"+ "+V V Nu_& )re J , )11 _tljd _Np plY➢"�aundll�Nita�au,_sia ",➢&p ➢f 11����7��-_nu al Nk�aaap≈ �
'L3
V&,,p'M(llapa4 Np&;";;�:a_a a_t�,aauuu N";VAVpO VVp➢�,,,_➢pn N➢➢1!li N1lAp➢➢p� N0'0'&",";V�7�"�;&a"m/➢u&",; Napw�➢_pn NAp Nk;&_��a�,�N7�u N�a�7!1C)I, 0
0
Based upl�ola a_S➢_ua�ad➢ulu _Su alkau➢ar_auaa�a_p__Sia
sl➢a➢➢_adaai>r;auy_➢aluluualuur,aa_gau_�a�aap:_Nuua]_au_p➢iNu_pa_a_�➢ua buua➢ultpd_luauNIN➢ au unal as-uaallun_Crosaalut_lupd_raa_l_llave)-
aur;_uuunla ua_ur;_,_lau_ual_u uuuruup _lu'miu_a➢_ulpd lu_aiuMuua b_ar�uuu uu_aiu resr _u➢u i oupluu slu a➢➢__a➢r,o id l_p�_uuy_➢0l.'.adol� r;_ua�u_luew ass
&,ap( u &d ➢p ll'u N� or fivjlp&_,",�u�refi1!')i& ' ➢➢pu ud�aaLg__,_`;,Va l T11I , �N7�➢ �u,lu dj➢p _,_➢&_",V�➢0.Apk�,. ➢&➢0.'ll IIJ➢p N,� rN➢�d.� E
_,_ _ ,n__,_ _________ _____ --
aM:_atu p",V u u pa�u_u p u:r;u pa,.➢u_lau ail d a:-�";, �
Page 13
Packet Pg. 3523
Exhibit I Evaluation and Appraisal Review Amendments
➢ E
!e, lhnlo Y A!jlj- i 1u 1,egj'a -(I ev C s�n,fl Jes ilao die-- ------------------------------------------- ---------------------------
uuauudie MOI�I-Oe Coiila wide JIOM-DisIslel,
----- -------- ------- ------------ ----- -----------------------------------Y---------------------------
E
1 e 2 18.2
-1-1-1-1-1-1-1-1-1-1. 2
MOItI-Oe (11 OLEty 'jt�ljj M
------------------- -- -- -------- ---------- ------- ------- L-
I-Csiih fip Hie Oflosses diie O aunuCL
CL
iiludel- flood die I-Cli:�Owd Of es,
----------------------------------------- -------------------------------------------- ------
7
--------------- IIELII'-�-(Z .)2 -J,
col sidel- m ii:� cj"2e�I�Ive losS.-flood jsl< viiMen.ib N
------------------- --------------- ---------------------------!—Y -----
lelel I-isC-whm-jjjOjljzhq -1 g.!.!jsjljOI�s fol- exisk1w, -"jjjLL�,Im1 The Coillay 'jtuljj
m ------------------ -14111L Q ------------------------------------------
---- -------- ----- - -------- --- ------- >
el,d�Laje, Hie hll�d fol,sloni:m�flel,01,I,e' 11�M� die hll�d dei i:�Oljsl iis I'L ,
- - - L L� no-------------------------------------------LL --!-------------- W
10 ils lufliinfl sl�,11 i,dilw die 0u I a t, i �my -�,ible
-----------------------�e, -1--j-1----L---------------------------- -----—- -bei�efj�-sji�-v-iifim-------
'i-eIL Ti,
Npfic <similar to Policy 216.1.7>
sl
�Jiufil�i Pall j
01��, 'it oi-efin�ilu,l C die 1-u l<0� I-C elilive flood(hlnnjqw,
------- - - - --------- -------------------------------- --------- -----------------------
CL
E
0
-s fol- wg.11heljz�.11➢01�
- ----- ----------------------- ---------------------------
J1 d- fil a lloodqesim�,Ila ll -1 s 'he Oiila
---- --------------------- ---------------------Y
E
N ftg iii-C flood losses. U)
"(dic
U)
i U�',-j lu-fol-q-n q jol-u-I-el (1 0�fl C--I---I I -C-i ul�t!js��, _d C V-e 0 a �,I d
ofFEMA's FIRM Flood Wp�_,is we.fl is sii,ale Jes Val1 1 Tesi I i CI ("I as 000(filLL '
---------------------------------- --------------------- -111"(Pfica,11AI <was Policy 216.1.6> 0
Ma i-tI-Oe-CO-ill ay-A!Lffl--L Smlil iie-A 0--el sel �.ii t(Lelewldol
0-01 u-111 (L s l ----- ----- ------ - -------------
jlt die �.,.ode slufll be ewdij�.qed �.is i nm.ii�s gplgj.,�IeLly Ii:Lt
I --------------------------------------------------------------
----------------------- -- ----- M
PH(, <similar to Policy 216.1.8>
IC,
deD ,➢0pauuna,uu - - -Is-hll d-Q " V1.
------- --- -- -- ------ --
�J T
gj I(jj!u�g fjlljla. . .....
-wi-l-l--i-----d--i-m- ii-i--b---i-u-,g--i-i-n-fl---d--n--,i-j-i-
u,ge
qLkttKtye 2.8.3 cis11 be Q.,.oi sjsmq wj� � T➢jEiiel Ulm, llu'l Ljt�Q Iiiii,enwift",
-2 A-------------------------- -�ImLW -------- q�!�- ----------------------------- 1.______________
uuu Hie 1,7orida BWU�Lq" Code I flood 'I M (,gjjj�.fljoius so foijh jiu 44 CAAR
------------------------- -------------------1,.�g ---------------- Ii:�qi ----------------------------------------
I.E-3
0
0
The-Cmilay 'jt�ljj q1t, -Ys��AaJis 1,lood Utlu MI U'l le'nWift
----- --------- -------- --------- ------------PU -------!-M -------- X
➢ nu 1 0 CIOIMM cc el, i------------------ di,2---Rtki�----L---------- ------
(2) 11� 01-del� ftmil-e flood- -------------------
--------------------a si:e! --a� -utuuunurc---------------------------- E
Page 131 �FII'7
1 Packet Pg. 3524
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
Nua U,kA ➢��➢➢➢k,_k:➢_Nd➢A;� ➢�� k➢➢pk;�_➢VhAllp➢➢pk: ➢ , ➢➢pk__&hu_N—_NV llp_—➢_V�Allpk:— ➢&➢'a�➢�➢p",, ";,Vd ➢ Nk;&,�7➢ &_Q 4p➢➢➢ n&➢A; �
➢._,_ ___,_,_ ______ _, ➢___1,________
a u uun a uu a u➢r, uuu➢a u➢uuu ➢�� ➢a gauunu uu y➢uua➢u uun uy uuua ua ur;u ------
flood u➢uuun u
m _uuu u➢�_i➢ua__u➢,��u_uiva-uu a-u__u`-----➢_➢u ur uu,�__uu-_ur;__uuu�➢_r�➢ua-u-_➢uuu-r,�a-_uynuuuuuunur-_-➢u- uu_ungaua_� a u__�➢_� ➢a pauun uu _a_uu
u➢uu,_uu_uivau_u➢_uuua bma_➢aa a u➢_➢aaua_a_uuayu_ur,of u➢uu ➢1a a�a�1a➢_uuaa.
eyuuu--u-ure �➢uuuu u
�� ➢�_ ➢gau_un"7 uuuuuuruutuuuuuu uribl � ix NAruya �lu �uuu � ➢ � r � auud .as� uu�I, ICC➢�Ipeu a flood lru � , �_ ra
�_ _ _ � _ _ _ _ _ _ _ _
➢� Pujol uuuu uuuu(h, fol fl���uH - i _ _ -__➢_uuslui taut_uupu➢_➢uauuune➢�uayear_,_uu_u,_uucluuuu,(I_-uuugau_aga auy_ur;_uuuCL
_u_u1lood➢u_ur_uud_uu�_i__u_uui;�, CL
� a_aa_i:➢ua_ua_Qauuuuuuun_uu�r a u_i➢u ,_1_S uiva uu_u➢➢_Vaua ,�uur,uau u_uaa_u �°ua ur;u uuun_uau_u a_a uunuunuauuuuy.9.auuu:ua ugauiu,a uMu ur_so fol-u_➢u.
uuu T idle_�➢4 ��,C➢e of�_a a➢a_u_u➢_11'�,a uuu➢_u ia��ur;,_�a_u_aua�uu `?����1 �
<was Policy 216.1.4>
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uui:a gau_uuu __"_;uu aaa_�ua_u a➢__r,i_uu_u uu_�r__upMuu➢_suiu a➢>i_u,u_uiuouu_u r,iu ua uuoiu s_llu.A._n a u ouexa a a _i➢;u,e_uunuu_ujuunuauunF MA
uuu:;➢uauuau_unuuu¶_"___�➢uu _ _aqua_uai __�3uau➢,➢uuuu<___uuuu _Coll <;uuaaa_iva�uuu_ _a � __� _➢u__6 of lh fei➢a�uuu,oe_�_a�uauu>iy__�a���Ma�u >
01-a➢u1uaaaa_ <a_sluu➢,➢ be i-eviewed_ _i-evusu .Pofic
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uuaaM➢ua� ,a y uu➢lulu ➢uu a_a uruMu➢_gyuauVi,uuu➢ra uu uuua _ru;aq� a )_i➢uu�_u _Qlu;auuu_un_ua t;_uayu___uq_uu��ulu�_r_,_a�u_a auur_,i;uaaa�uauu,yvui➢u, U)
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➢aanq�➢ua__a uuQ:ua_uu_➢u,_`;a u_➢a_vel uur,a_ga uuuuuuuuu; uuuu _�➢ur,ar,uau_9.auagauua_au_ua_r;r _uuua _10"ovaa _�a _uu a uuuuura i_a�yuauu. _duu a
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Exhibit 1 Evaluation and Appraisal Review Amendments
3.3 - TRAFFIC CIRCULATION
E
GOAL 301
To provide a safe, convenient, efficient, i-esiViaia m_and environmentally-compatible motorized and non-motorized
transportation system for the movement of people and goods in Monroe County. [F.S. § 163.3177(6)(b)] <
ra
Objective 301.1 A
Monroe County shall establish level of service (LOS) standards for all paved roads in Monroe County for the
purpose of determining existing and future roadway needs. [F.S. § 163.3177(6)(b)]
d
Policy 301.1.1
For all County roads,Monroe County hereby adopts a minimum peak hour level of service(LOS)standard
of D,measured by the methodology identified in the most recent edition of the Highway Capacity Manual, .2
as necessary to determine proposed development impacts. The County shall maintain the level of service 2
on County roads within five percent(5%)of LOS D.
w
Policy 301.1.2 g
For U.S. 1, Monroe County hereby adopts a level of service (LOS) standard of C, as measured by the
methodology established by the U.S. 1 LOS Task Force and adopted by the Board of County
Commissioners in February 2021 (BOCC Resolution 064-2021). The level of service on U.S. 1 shall be U)
maintained within five percent(5%)of LOS C. [F.S. § 163.3177(6)(b)l.a.]
Policy 301.1.3
Monroe County shall coordinate with municipalities in the review of the systematic traffic monitoring 0
program to monitor traffic volumes and travel speeds of U.S. 1 as well as on each of the 24 study segments U
on U.S.I. The County and municipalities shall coordinate with FDOT to evaluate segments with
deficiencies of LOS to determine necessary improvements and strategies to address any degradation and/or _
deficiencies.
U)
Policy 301.1.4
Monroe County shall update its Long Range Transportation Plan to include roadway improvements on U)
County owned roads designed to improve the LOS on U.S. 1.
Objective 301.2 U)
Monroe County shall ensure that all paved roads have sufficient capacity to serve development at the adopted c
LOS standards concurrent with the impact of said development. [F.S. § 163.3177(6)(b)l.a.]
Policy 301.2.1
Monroe County,in coordination with the FDOT,shall continue the systematic traffic monitoring program crib
initiated in March 1991, to monitor peak season traffic volumes at permanent count stations and travel
speeds on the overall length of U.S.1 and on each of 24 study segments of U.S. 1, and to determine the
cumulative impact of development and through traffic. Monroe County shall use the methodology q
developed by the U.S. 1 LOS Task Force composed of representatives from Monroe County,FDOT, and
the Department of Economic Opportunity (DEO) for conducting this analysis and shall request that the U
Task Force update and refine the methodology's assumptions on a periodic basis when new data becomes
available. [F.S. § 163.3177(6)(b)l.b.]
Policy 301.2.2
Monroe County shall utilize the results of the systematic traffic monitoring program for development 0
approval process and to evaluate any potential degradation in LOS and the need for improvements in order 0
to achieve and maintain the adopted LOS standard.
�i
Policy 301.2.3
Monroe County shall not permit new development which would significantly degrade the LOS below the
adopted LOS standards on U.S. 1 (overall„_dui d_se�In_ a;10 unless the proportionate share of the impact is
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Exhibit 1 Evaluation and Appraisal Review Amendments
mitigated.The development of one single family residential unit,on a single parcel,shall be considered de
minimis and shall not be subject to this requirement. A five percent projected decrease in travel speeds,
below LOS C,is a significant degradation in the level of service on U.S. 1.Traffic volume which exceeds
the LOS D standard by more than five percent is a significant degradation in the level of service on any C
other County road. [F.S. § 163.3177(6)(b)l.e.] E
Policy 301.2.4
As approved by the County Commission on a case by case basis, Monroe County shall provide funding
from gas taxes,impact fees,and any other legally available sources to expedite local projects. CL
d
Policy 301.2.5
In order to proceed with development,a parcel shall have legal access to public or private roads,rights of
way or easements or such access shall be established. g
Policy 301.2.6
Monroe County shall continue to review and evaluate FDOT surplus property opportunities for the
implementation of traffic circulation policies and goals.
Objective 301.3
Monroe County shall encourage a multi-modal transportation system that is safe, convenient, re-si cia _and U)
efficient,with complementary facilities to support non-motorized users. [F.S. §163.3177(6)(b)l.]
Policy 301.3.1
Annually,Monroe County shall update the Capital Improvement Plan to include coordinated bicycle path E
and pedestrian way improvements, where appropriate, emphasizing access to schools, parks, shopping U
centers, waterfront and tourist attractions, and other significant features identified in the Livable
CommuniKeys Community Master Plan for the area.Coordination efforts should include affected citizens,
local municipalities and the State.
U)
Policy 301.3.2
The County shall require that any development,occurring on or adjacent to the location of a planned bicycle
or pedestrian facility as identified by the County,provide for the construction of that portion of the facility MI
occurring within or adjacent to the development. If the facility has already been built, or if it will be it%
constructed by an external agency, the development shall be connected to the facility in a safe and U)
convenient manner to ensure that it is part of the development's overall transportation system. For state 0
owned bicycle or pedestrian facilities a connection permit shall be required.
Objective 301.4 �
Monroe County shall plan for an intermodal transportation system that incorporates vehicles and alternative R
modes such as mass transit, and bicycle/pedestrian facilities. The County shall coordinate with other agencies
and entities responsible for mass transit,bicycle/pedestrian and vehicle transportation improvements occurring
County-wide.
Policy 301.4.1
Monroe County shall review -1� a_uaaa�i��nuuna dg� Joiu ,_,�?jHfiuu -I-ae_.completed-202p_ ii [J_,S,_1_.Transportation U
ua�a=g; Master Plan, through its Long Range Transportation Plan,_ - -
i-������=u-�����-1��1--�u���o- ia��u��������o- =;��;��-���--��u��-1-_-a..�-�u� i�:l��u���-��-�u��; ��t-_-a::Ri������__�=8�����a��;,__,�u-��ia��a::��-�a�u��;__la� ������_➢a�pa__�u �
gmllu ulululnauj__9.au10;uuau_ru➢oils_ u�➢u__a;➢ua___ _�Orkj_a__�,]e�,Iu_Du_unalu�_a�u___1�_u uuur,ga��i_u u�ua�u't__ulu��_�➢ua uunuuuuta�,u�a_u➢�uar;__0ti �
1.11ua a uiur_uu� a_a uuntau�➢u�uur,l��e__solualua u_ur,_ia uuun aua l�_iu_fll u`Qa��v re(uaa_ _a a uul.r,�ua uu _tjalyul��__for Juu�_erau l�(hd �
iralur;2oflI�Jolu_uua_uVu�_u r,,_uuul]_m uaues_ ,uu�iy _resillluuamy_uuu,l�euuua_u,luui_ua_a r;r;_uuul inwel__a➢aluu�IJf_ _p_�jHflow➢ue O
lt�a�rkhi_K,jy N'l u; uu o-:�uuu s.:i:i iu➢ %1u l,r� uo- Diu� uu k l u l u;v a- w&uia:.B ua lea w �➢ x� is%iu u o f
&Ra a ;1 u� uiau Bo-ku a 1 ➢QuuM
Objective 301.5
In order to coordinate the traffic circulation system with the future land uses shown on the Future Land Use Map,
Monroe County shall implement the following policies. [F.S. § 163.3177(6)(b)l.d.]
Page 13
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Exhibit | Evaluation and Appraisal Review Amendments
PWicy3m�.1
The capacity of U.S. | in unincorporated Monroe County abul be limited to lour lanes. Densities and
intensities on the Future Land Use Map and allowed by the permit allocation system shall not exceed those
that can hu accommodated hy the four lane limitation onU.8. |. E
�
Policy3V1,5,2
Monroe County shall conqplu{e��O�l0�Coun�'a
ongDunguTrunapo���nPlunJ ��
�
�
�
incorpor*�iii,�� the considerations of climate change implications-
ml
OWjcorivc3V1'6
Monroe County shall provide u transportation ayatunn that foildu|ua scenic corridor unkuncunnoV and =
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beautification within the Florida Keys.
Policy3V1,6,1
The Land Development Code shall continue to ensure that development along the US-|Florida Keys Scenic
Highway Corridor provides the landscaping and auUhucka nccuaamy to n/bdndzu bnpm1a on the visual 0.
unvbnnn/oV.
Policy3V1'6'2
The Land Development Code shall continue to include regulations to minimize sign clutter.
Policy3V1,6,3
Monroe County supports the liaion. Ooula. Objectives and Strategies oIthe Florida Scenic Highway �
�
Corridor Management Plan and the recommendations oIthe Florida Scenic Highway Interpretive Master m
Plan in its transportation planning. (0n1.No. 022'20O9) M|
OWjcoCivc3V1,7
Monroe County abul ensure the County'a transportation plan are coordinated with the plans and programs of 0
appropriate State agencies and local governments and are consistent with State and federal regulations. [F.S. §
�
163.3177(6)(h)] c
�|
Policy3V1,7,1
Each year,prior tothe update oI the FD0T District Six Five-Year Transportation Plan, Monroe County �|
�
stuff shall meet with officials from FD0T District 6 to review FD0T proposals for and recommend w
|
additional improvements to U.S. I to ensure County priorities are identified and incorporated.
�
�
Policy3V1,7,2
|n recognition oI the physical and unvbnnn/oVulconatrubVaUz�nnuy affect the widening oIU.8. |tofour �.
lanes,Monroe County shall coordinate with FDOT on those portions of U.S. I that are shown as two lanes
on the Future Traffic Circulation Map maintain
them as two lanes for the planning horizon.This policy shall not be construed so as to prohibit the addition
of a third lane to be used as a continuous two-way turn lane for those segments with a demonstrated public �
�
safety risk,iI��Udn1lunubuahuundun/onabzkudtohu��a*�atuDuo���u� UR8 � |6� �|77(6)(h)| �. � � � � �0
Policy3V1,7,3 X
Monroe County shall bVudocul agreements with Key West, Key Colony 8uu6z W
Marathon,Islamorada and Layton addressing coordination of concurrency management with oversight by
the South Florida Regional Planning Council.
Pugu13
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
Policy 301.7.4 U)
Monroe County supports the recommendations of the Florida Keys Overseas Heritage Trail Master Plan
in its transportation planning.(Ord.No. 022-2009)
Objective 301.8
Monroe County shall provide for the protection of existing and future rights-of-way(ROW).
A
Policy 301.8.1
Monroe County staff shall participate in right-of-way planning and preservation efforts including,but not CL
limited to,participating in updates to the FDOT corridor-wide master plan for District 6.
Policy 301.8.2
Monroe County shall maintain land development regulations which prohibit unauthorized use of County g
public ROWS. [F.S. § 163.3177(6)(b)l.]
Objective 301.9 w
Monroe County shall promote a safe, convenient, i-esi ent _and efficient, multi-modal transportation system.
[F.S. § 163.3177(6)(b)] CL
0
Policy 301.9.1 U)
Monroe County shall maintain revisions to the Land Development Code to include guidelines and criteria
consistent with nationally-recognized standards which provide for safe and convenient on-site traffic flow,
interconnectivity between sites, adequate pedestrian ways and sidewalks, as well as sufficient on-site
parking for both motorized and non-motorized vehicles. E
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Exhibit 1 Evaluation and Appraisal Review Amendments
3.4 - MASS TRANSIT
E
GOAL 401
Monroe County shall support the development of a coordinated surface transportation system for residents, visitors
and transportation disadvantaged people within Monroe County in coordination with the City of Key West Department E
of Transportation(KWDOT)and Miami-Dade Transit(MDT). ra
2A
Objective 401.1
Monroe County shall encourage the provision of transit service for all visitors and residents to major trip
d
generators. [F.S. § 163.3177(6)(b)and 3.a.]
Policy 401.1.1
Monroe County shall uun ui du adop l
land development regulations requiring retail shopping facilities,offices and similar uses generating over
two thousand(2,000)trips per day be built to accommodate mass transit by being designed to include such >
features as adequate turning radii for large vehicles, direct access to sheltered areas with seating that can W
serve as a bus stop and pedestrian access to adjacent properties. C
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Policy 401.1.2 0
� lup� a (1 p ya= apt btu l�p p u apt 11-k-20-404-4��-Hp rv14a)44--v-e--P]ii u,-Monroe County shall uun�,iJi i di iidop l U)
land development regulations to encourage developers of major trip generators to provide transit facilities,
pedestrian/bicycle paths,bicycle racks and parking,and carpool facilities.
C,
Policy 401.1.3 t0
Monroe County shall continue to seek funds for the transportation disadvantaged and other transit and
paratransit operations from all applicable federal,State,and other sources and shall continue to provide gas
tax revenues to public transit and/or paratransit services. _
E
Policy 401.1.4
Due to the very narrow geography of the Florida Keys, limited U.S. 1 right-of-way and exclusive mass
transit corridors, and limited rate of growth, Monroe County may establish measures for the acquisition U)
and preservation of transit rights-of-way and exclusive mass transit corridors. ;
Objective 401.2 U)
Monroe County's Transportation Disadvantaged Program shall provide for services to the transportation
disadvantaged and shall work in conjunction with Key West Transit,the Designated Official Planning Agency
(DOPA)and the Florida Department of Transportation in coordinating the provision of paratransit services.
I
Policy 401.2.1 coil
Monroe County shall continue the Monroe County Disadvantaged Transportation Program for operating
transportation programs in coordination with the Local Coordinating Board(LCB), Key West Transit,and
the Florida Department of Transportation.
Policy 401.2.2 U
Monroe County shall work with the LCB, however shall not assume the designation of a Community
Transportation Coordinator or DOPA due to the limited mission of the Monroe County Transportation
Disadvantaged Program.
Policy 401.2.3
Monroe County shall continue to seek funds for the transportation disadvantaged from all applicable c
federal, State, regional and other sources in order to provide service and maintain a modern fleet of T:
paratransit vehicles. `j
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Exhibit 1 Evaluation and Appraisal Review Amendments
Policy 401.2.4
Monroe County shall,through the Monroe County Transportation Disadvantaged Program,annually review
the FDOT District Six Five-Year Transportation Plan for potential improvements to facilitate additional in E
transit services.
a�
Policy 401.2.5
Monroe County shall strive to continue to provide service to the transportation disadvantaged eight (8) ra
hours each weekday upon twenty-four(24)hours of notice.
C,
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Objective 401.3
Monroe County shall plan and develop an intermodal transportation system that incorporates vehicles and
alternative transportation modes such as mass transit and bicycle/pedestrian facilities. The County shall
coordinate with other agencies and entities responsible for mass transit, bicycle/pedestrian and vehicle g
transportation improvements occurring County-wide.
Policy 401.3.1 W
ti --Ma—;20,2.1,__Monroe County shall a �u_y__➢u�__u a a uunuun uu� u�ua uur,_, _H➢e completed-2021 aU S I> �
Transportation 4riilaff-Master Plan,through its Long Range Transportation Plan to enhance mass transit
for all residents and visitors, in coordination with the municipalities and Miami-Dade County duu�i�;_�➢ua�,
Vau_p�_u_pD�ia_uu_uu_unuu�_au_ �u uuur,pa�uMu uivauu� U)
Policy 401.3.2
Monroe County shall continue to encourage the operation of the Lower Keys Shuttle Bus Service.
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Exhibit 1 Evaluation and Appraisal Review Amendments
3.5 - PORTS, AVIATION AND RELATED FACILITIES
E
GOAL 501
Monroe County shall provide aviation facilities in a manner that maximizes safety,convenience,to r;u Vu a ula,y economic
benefit, environmental compatibility and consistency with other elements of the comprehensive plan, including
exercising its planning and land use authorities on County-owned airport properties within incorporated areas of the ra
County. [F.S. § 163.3177(6)(b)3.b.] .A
CL
Objective 501.1 C,
➢ ua _i;a la ,ao- ai the Florida Key's unique nature as an archipelago, Monroe County shall promote the
preservation of existing airports,airstrips,and related activities.
Policy 501.1.1
Monroe County shall maintain aviation related land uses adjacent to the public airports and additionally 2
prohibit intrusion into all airport zones.
w
Policy 501.1.2 g
Monroe County shall continue to prohibit structures and activities that interfere with the operation of CL
aircraft at airports and airstrips whether public or private. Such structures and activities include but are not
limited to tall structures,smoke,tall trees,and electromagnetic radiation. U)
Policy 501.1.3
Monroe County shall consider adopting an ordinance regulating incompatible uses such as the operation of CL
ultralights,balloons,parachutes,kites,banner towing, ta�i��a,,r��jnodel airplanes and similar activities within t0
the proximity of the public airports or private airstrips to the extent legally possible. L-
Policy 501.1.4 _
Monroe County shall continue to include existing airports and airstrips in airport land use districts that only E
permit airport related land uses,including those the County owns and operates within incorporated areas
of the County.
U)
Policy 501.1.5
Monroe County shall encourage the development of aviation facilities and activities that relieve the traffic
on U.S. 1 or serve as an alternative to U.S. 1 as a means of delivering goods and services to the community. U)
Policy 501.1.E
Monroe County shall provide space at public airports for a wide variety of aviation activities in order to
provide a wide variety of services to the community.
vi
Policy 501.1.7
The"Key West International Airport Layout Plan,"prepared by Ricondo&Associates,Inc.,dated January
2020 and approved by the BOCC on January 22,2020,and the"Florida Keys Marathon International Airport
Layout Plan,"prepared by Ricondo&Associates,Inc.,dated June 2020 and approved by the BOCC on June
17,2020,are hereby incorporated by reference. t3
Objective 501.2
The expansion of existing or new airport and airstrip facilities shall be coordinated with the future land use,
coastal management, and conservation elements and all applicable federal and state requirements for operation,
development,and environmental protection of federally obligated airports. 0
0
Policy 501.2.1
The development and expansion of aviation and related facilities shall be consistent with the future land
use,coastal management and conservation elements as outlined herein.
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Exhibit 1 Evaluation and Appraisal Review Amendments
The Key West International Airport and Florida Keys Marathon International Airport are public airports
that receive federal funding from the Federal Aviation Administration and must comply with operational
safety requirements and compliance directives,development restrictions,and environmental protection and
mitigation requirements, as set forth in the Code of Federal Regulations (CFR) Title 2 Grants and
Agreements and Title 14 Aeronautics and Space, and all referenced and implementing guidance including; �E
National Environmental Policy Act(NEPA),Airport Improvement Program,Part 139 Airport Certification,
and all applicable Orders, Advisory Circulars and Program Guidance Letters (PGL). Further,both public
airports receive state funding from the Florida Department of Transportation and must comply with all
applicable Florida State Statutes,including Title XXV Aviation,Chapters 329,330,331,332 and 333. CL
d
The provisions within Policy 102.1.1,Policy 203.1.1,Objective 204.2,Policy 204.2.2,Policy 204.2.3,and
Policy 204.2.4 shall not apply to the Key West International Airport and the Florida Keys Marathon
International Airport due to the overriding public interest for the development and expansion of aviation g
and related facilities,including fencing,at these public airports to support the economy of the Florida Keys,
relieve increasing traffic and congestion on U.S. 1,and to enhance public health,safety and welfare.
Any development and/or expansion of aviation and related facilities at these public airports will be reviewed
based on the requirements below and may proceed with local approvals,provided the improvements:
• Are consistent with the adopted Airport Master Plan and Airport Layout Plan;
o The Key West International Airport Master Plan Update, dated September 2019, and U)
Airport Layout Plan,dated January 2020,which were approved by the BOCC on January
22,2020,and identifies proposed airport improvements through 2035.
o The Florida Keys Marathon International Airport Master Plan Update,dated June 2020, C,
and Airport Layout Plan,dated June 2020,which were approved by the BOCC on June E
0
17,2020,and identifies proposed airport improvements through 2036. U
• Meet federal requirements set forth by the FAA for airports that receive federal funds for airport
operations and development;
• Comply with all applicable federal and state environmental resource pennit/authorization
requirements, including mitigation to compensate for the functional loss resulting from the U)
permitted wetland impact;
o Mitigation for wetland impacts shall be in accordance with State and federal U)
requirements. M
o Mitigation may include,but is not limited to,wetland enhancement,restoration,creation
and/or a preservation project which may be onsite mitigation,offsite mitigation,Regional U)
Offsite Mitigation Areas (R.O.M.A) and the purchase of mitigation credits from c
permitted mitigation banks.
o The satisfaction of mitigation requirements will be prioritized within the County,based
on state and/or federal agency requirements.
• Are reviewed pursuant to the"Permit Referral Process"for development that occurs within areasy
designated as"Species Focus Areas(SFAs)"or"Species Buffer Areas(SBAs)"as specified in the
U.S.Fish and Wildlife Service(USFWS)April 30,2010 Biological Opinion.The SFAS or SBAs
are areas identified by the USFWS which contain potentially suitable habitat for nine federally
protected species including: Eastern Indigo Snake, Key Deer, Key Largo Cotton Mouse, Key
Largo Woodrat, Key Tree-Cactus, Lower Keys Marsh Rabbit, Schaus Swallowtail Butterfly, U
Silver Rice Rat,and Stock Island Tree Snail; and
• Meet Monroe County Comprehensive Plan goals,objectives,and policies to the extentpracticahle
given required federal and state obligations, to enhance the quality of life, ensure the safety of
County residents and visitors,and protect valuable natural resources.
For development at the Key West International Airport and the Florida Keys Marathon International 0
Airport, this policy supersedes wetland restrictions for open space requirements, restrictions on fill or
structures in wetlands, and fencing into or through any wetlands or water bodies within the land
development code. ;
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Exhibit 1 Evaluation and Appraisal Review Amendments
Policy 501.2.2 U)
The Florida Keys Marathon International Airport and Key West International Airport shall be expanded
and improved to be consistent with the needs identified in the updated Airport Master Plan and Airport
Layout Plan as approved by the Board of County Commissioners. The Key West International Airport
Master Plan Update and Airport Layout Plan were approved by the BOCC on January 22, 2020 and the �E
Florida Keys Marathon International Airport Master Plan Update and Airport Layout Plan were approved
by the BOCC on June 17,2020. A
The Key West International Airport and Florida Keys Marathon International Airport operate under strict
federal and state requirements and must follow an extensive process for update,review and approval of the
Airport Master Plan and Airport Layout Plan to ensure these requirements are met. This comprehensive
planning process occurs every five to ten years and includes public,federal,and state agency review of the
proposed future development at each airport. The updated Airport Master Plan and Airport Layout Plans g
(ALP).,�ji a is approved by the FAA as well as the Board of County Commissioners at a public meeting.
Policy 501.2.3 W
If development activities to construct or expand airport or airstrip facilities take place in environmentally
sensitive wetland areas because there is no other viable alternative available, mitigation and restoration
shall be required and approved according to federal and state permitting requirements.
U)
Objective 501.3
Airports and airstrips shall operate in the manner to maximize safety and least adverse impact on the community. �
2
CL
Policy 501.3.1 E
Monroe County shall maintain the existing hammock along Aviation Boulevard as a buffer between the U
Marathon Airport and the residences to the north.
Policy 501.3.2
Monroe County shall maintain and update the Key West International and Marathon Noise Exposure Maps U)
and implement measures to minimize the adverse impacts of noise on the surrounding community.
U)
Policy 501.3.3 MI
Facilities at public airports shall be built to meet or exceed federal, state, and local safety regulations as
applicable. U)
U)
Objective 501.4
Monroe County shall coordinate surface transportation access to existing and new public airport facilities with
the traffic circulation system shown on the traffic circulation maps.
Policy 501.4.1 'I
Expansion of airport or airstrip facilities or proposed facilities shall be coordinated with the necessary
expansions to the traffic circulation system by requiring the access points to highways to be built to
minimize adverse impacts on traffic operations.
Policy 501.4.2
Access points to public airports shall be built to the specifications of Florida Department of Transportation
and Monroe County Public Works Division,as applicable.
Objective 501.5
Monroe County shall coordinate all aviation or related facilities with the plans of the Federal Aviation c
Administration, military services, resource planning and management plan prepared pursuant to Chapter 380,
17
Florida Statutes and approved by the Governor and Cabinet,the Florida Department of Transportation(FDOT) X
District Six Five-Year Transportation Plan, and the Continuing Florida Aviation System Planning Process
(CFASPP)as adopted.
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Exhibit 1 Evaluation and Appraisal Review Amendments
Policy 501.5.1 U)
Monroe County shall continue to participate in the development of the (FDOT) District Six Five-Year
Transportation Plan,and the CFASPP.
Policy 501.5.2
Monroe County shall continue to maintain and update a master plan, and the Airport Layout Plan for each
public airport pursuant to the rules of the Federal Aviation Administration. [F.S. § 163.3177(6)(b)4.]
A
Policy 501.5.3
All development on and expansions of existing public airports shall be done in accordance with the updated
Master Plan and Airport Layout Plan(see Policy 501.1.7)of the airport and shall be subject to all applicable
policies of this Plan and the County Land Development Code. [F.S. § 163.3177(6)(b)4.]
Policy 501.5.4
Monroe County shall coordinate expansions and operation of the Key West airport with the U.S.Navy.
Policy 501.5.5 C
Monroe County shall seek joint use of the Boca Chica Naval Air Station or its preservation as a public
airport if the U.S.Navy ceases to operate the base.
U)
Objective 501.6
Access routes to airports or related facilities shall be integrated with other modes of surface transportation.
Policy 501.6.1 E
Monroe County shall provide space at public airports for surface transportation including but not limited U
to buses,limousines,taxi cabs,automobile rentals,and parking of private cars.
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Objective 501.7
The publicly owned airports shall be financially supported without requiring the support of general property U)
taxes.
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Policy 501.7.1 MI
Monroe County shall work with the Florida Department of Transportation and Federal Aviation i!%
Administration to secure airport improvement grants. U)
U)
Objective 501.8
All services to the public shall be provided at the lowest cost possible by encouraging business competition.
I
Policy 501.8.1
The manager of each public airport shall control surface transportation to assure adequate access to all �I
companies and modes of transportation and thus encourage competition.
I
Policy 501.8.2
Monroe County shall seek to have at least three airlines operating at each public airport.
U
Policy 501.8.3
Monroe County shall consider the cost to consumers of goods and services when considering the issuance
of monopolistic concessions at public airports. E
GOAL 502
0
All existing and future residents and visitors of Monroe County shall be served with ports in a manner that maximizes
safety, convenience, economic benefit, environmental compatibility and consistency with other elements of the X
comprehensive plan.
E
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Exhibit 1 Evaluation and Appraisal Review Amendments
Objective 502.1 U)
Because of the Florida Keys'unique nature as an archipelago, Monroe County shall promote the preservation,
u a r;u Vua lta.,y and enhancement of the existing ports and port related activities.
Policy 502.1.1
Monroe County shall maintain land development regulations and the Land Use District Maps for existing
ports which permit ports and port-related facilities,including but not limited to,commercial and industrial M
water dependent uses,marine businesses,commercial fishing,marinas,restaurants and employee housing.
CL
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Policy 502.1.2
Monroe County shall encourage and facilitate the renovation and adaptation of existing port and related
facilities to meet new maritime needs by seeking grants from available sources.
Policy 502.1.3
Monroe County shall facilitate port facilities that relieve traffic on U.S. 1 or serve as an alternative to U.S.
1 for delivering goods and services. W
Policy 502.1.4
Monroe County shall support a proposal to amend the Coastal Barrier Resources System Map adopted by 0
the Coastal Barrier Improvement Act of 1990,to delete the improved port property along the Safe Harbor °U)
entrance channel from the system unit,FL 57.
Policy 502.1.5
Ily- ay_.1 0g�_ry__Monroe County ➢_uunal:auua _ uuu u:a,ttnautnshall uun„uutii uuuu 1 ire re a list of all marinas for E
potential use during emergencies and shall consider further study for their use as emergency ports. U
Objective 502.2
The expansion of existing or new port facilities shall be coordinated with the future land use, coastal
management,and conservation elements. U)
Policy 502.2.1
The development,expansion or renovation of ports and related facilities shall be consistent with the future
land use,coastal management and conservation elements.
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Policy 502.2.2 0
Monroe County shall mitigate the adverse structural and nonstructural impacts from ports or related
facilities upon adjacent natural resources and land uses by:
1. Working with the United States Coast Guard to assure the channels into the Safe Harbor/Peninsular �
area on Stock Island are maintained with lighted buoys so as to protect adjacent shallow areas.
2. Requiring the provision of pollution control devices and plans at all ports and by seeking funds to
retrofit existing private and public facilities. Whenever possible Monroe County shall expedite the
granting of permits for these or other facilities designed to improve or protect the environment.
3. Requiring the restoration of the environment and elimination of pollution sources during development,
expansion,or renovation of ports and related facilities.
U
Policy 502.2.3
Development activities to construct or expand port facilities shall be directed away from environmentally
sensitive areas.
Objective 502.3
0
Monroe County shall coordinate surface transportation access to port facilities with the traffic circulation system
shown on the traffic circulation maps. X
Policy 502.3.1
Expansion of port facilities or proposed facilities shall be coordinated with the necessary expansions to the E
traffic circulation system.
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Exhibit 1 Evaluation and Appraisal Review Amendments
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Policy 502.3.2
Monroe County shall improve and maintain stormwater facilities on Fourth,Fifth,and Peninsular Avenues
on Stock Island in order to prevent flooding.
Policy 502.3.3
Monroe County shall support efforts to maintain the entrance channel into Safe Harbor. U)
Objective 502.4 CL
Monroe County shall coordinate all port or related facilities with the plans of the U.S.Army Corps of Engineers; <
the Resource Planning and Management Program which was prepared pursuant to Chapter 380,Florida Statutes
and approved by the Governor and Cabinet; and the FDOT District Six Five-Year Transportation Plan as �
adopted. g
Policy 502.4.1
Monroe County shall coordinate with FDOT and participate in the development of the FDOT District Six `j
Five-Year Transportation Plan.
CL
Policy 502.4.2 0
Monroe County shall coordinate port related developments with the Key West Department of U)
Transportation(Port Operations)by designating a member of the staff of the Planning Department to act
as a liaison.
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Policy 502.4.3 E
Monroe County shall participate in developing pollution response plans and facilities. t3
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Exhibit 1 Evaluation and Appraisal Review Amendments
3.6 - HOUSING
E
GOAL 601
Monroe County shall adopt programs and policies to facilitate access by residents to adequate and affordable housing
that is safe, decent, and structurally sound, and that meets the needs of the population based on type, tenure
characteristics,unit size and individual preferences. [F.S. § 163.3177(6)(f)1.,3.] ra
2A
Objective 601.1
Monroe County shall implement the following defined policies to reduce estimated affordable housing need for
households in the very low,low,median and moderate income classifications. [F.S. § 163.3177(6)(f)1.]
Policy 601.1.1
Monroe County shall maintain land development regulations, in conjunction with the Permit Allocation 2
System,for apportioning future affordable housing development
Policy 601.1.2
Monroe County shall expand its participation in Federal and State housing assistance programs to
rehabilitate owner and rental housing for very low,low,median,and moderate income residents by seeking
grants,loans, and technical assistance in conjunction with the Monroe County Housing Authority4y- 4+y y
M01l rye Couauuly_r;➢u_u➢➢_i➢,r;omla_uu_uua ugaui� a`_�at?9_10)21'ale,_tuu�_➢_1'A >11az rd l�uiI�a; ua�uu(i uuui_�u�l�.M:uuyn
�lf;� �n� ,,, ➢_Vaa ,_e uiu:_ui;uauu_ r;r _uuua_ ,_�.�_ ,.i_�°ua :u_,uuun__uuu ,_iauunuunu.auuui __�:,D � ➢alauun�uui_-3➢aka➢<__(irauui__,,.
Dur,ur� u_]f _a_a� iy_ (_�D3� ➢_Dll„ . u_uuui uauu_uuynr,_ia r,uaiata uu_i➢u a,auugp i;ua1uOfflla�a�uj_uunu�Mp� uiva�uu,9.aua���_q"`s,suaa]
dur�,; ➢ua__aa� u�ualt'i_au_➢u�luinar __u�al,�a__qura,_uVauli_,a�a➢__�a ua_��uua_a,_ ➢ua__u_ur:;ll<_alu__uunauuua__utl�u _� uutn_ua_�__[F.S. § CL
163.3177(6)(f)3.] t0
Policy 601.1.3
The Monroe County Land Authority shall maintain a list of buildable properties owned or targeted for
acquisition by the Land Authority which potentially could be donated or made available for affordable E
housing.This list will be updated annually and made available to the public.The guidelines established in
Policies 601.1.10 and 601.1.11 shall be considered in the formulation of this list.
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Policy 601.1.4
All affordable housing projects which receive development benefits from Monroe County,including,but
not limited to, ROGO allocation award(s) reserved for affordable housing, maximum net density, or U)
donations of land, shall be required to maintain the project as affordable for a period of 99 years pursuant c
to deed restrictions or other mechanisms specified in the Land Development Code, and administered by
Monroe County or the Monroe County Housing Authority.
I
Policy 601.1.5 c�;l
If Monroe County funding or County-donated land is to be used for any affordable housing project,
alternative sites shall be assessed according to the following guidelines:
1. The location of endangered species habitat. Sites within known, probable, or potentially suitable
threatened or endangered species habitat shall be avoided.
2. The environmental sensitivity of the vegetative habitat. The habitat sensitivity shall be determined U
according to the ranking specified in the Environmental Design Criteria section of the Land
Development Code.Disturbed sites shall be selected,unless no feasible alternative is available.
3. Sites located within V-Zones,on offshore islands,or within CBRS units shall be avoided.
4. The level of service provided in the vicinity for all public facilities.Areas which are at or near capacity
for one or more public facility should be avoided. 0
5. Proximity to employment and retail centers. Sites within five miles of employment and retail centers 0
shall be preferred.
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Exhibit 1 Evaluation and Appraisal Review Amendments
Policy 601.1.6 U)
Monroe County shall identify funding sources that could be made available to support community-based
non-profit organizations such as Habitat for Humanity in their efforts to provide adequate affordable
housing.
Policy 601.1.7
Monroe County shall continue to participate in the State Housing Incentives Partnership program as �
specified in the 1992 William Sadowski Affordable Housing Act. Monroe County shall also continue to
maintain a Local Housing Assistance Plan and Affordable Housing Incentive Strategies as specified in the
Act and recommended by the Monroe County Affordable Housing Advisory Committee.
Policy 601.1.8
Monroe County shall allocate at least 20%of the annual ROGO allocation,or as may be established by the g
State of Florida,pursuant to Administration Commission Rules,to affordable housing units,as specified in
Policy 101.3.3. Affordable housing eligible for this separate allocation must meet the criteria established
in the Land Development Code. `j
Policy 601.1.9
Monroe County shall maintain land development regulations which may include density bonuses, impact 0
fee waiver programs,and other possible regulations to encourage affordable housing. °U)
Policy 601.1.10
The Land Authority may acquire land for affordable housing projects if they are deemed appropriate and C,
acceptable by the Land Authority as meeting the intent of: E
1. the affordable housing provisions in the Land Authority's enabling legislation; U
2. the goals,objectives and policies of this Plan; and
3. the land use designations specified on the Future Land Use Map and in the Monroe County Land
Development Regulations.
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Policy 601.1.11
The Land Authority shall not list or acquire lands as potential affordable housing sites if the lands exhibit
any of the following characteristics: MI
1. Any portion of the land lies within a known,probable,or potentially suitable threatened or endangered it%
species habitat. U)
2. The land has a Tier designation other than Tier III. 0
3. The land is located in a V-Zone,on an offshore island or within a CBRS unit. 0
Policy 601.1.12 �
Monroe County shall annually monitor the eligibility of the occupants of housing units which have received
special benefits,including but not limited to those issued under the affordable housing provisions specified
in the Land Development Code or those issued through the Permit Allocation System. If occupants no
longer meet the eligibility criteria specified in the Plan and in the Land Development Code, and their
eligibility period has not expired,then Monroe County may take any one or a combination of the following
actions:
1. require the payment of impact fees,if they were waived; U
2. proceed with remedial actions through the Department of Code Compliance, as a violation of the
Monroe County Code;
3. take civil court action as authorized by statute, common law,or via agreement between an applicant E
and the County; and/or
4. require the sale or rental of the unit(s)to eligible occupants. c
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Policy 601.1.13 X
Monroe County shall maintain land development regulations on inclusionary housing ualu__galallu_u a_r,u�a uu�ud.t
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and ;8 11 ➢go- t a i u , & ua:.➢� �u �= lug u� ,�ao-lt9+o+wm+,-to -mio-,AKR,,-ori+ddie nonresidential a
and transient development and redevelopment E
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Exhibit 1 Evaluation and Appraisal Review Amendments
Objective 601.2 U)
Monroe County shall adopt programs and policies to encourage housing of various types,sizes and price ranges
to meet the demands of current and future residents [F.S. § 163.3177(6)(f)1.,3.],
Policy 601.2.1
Public-private partnerships shall be encouraged to improve coordination among participants involved in
housing production. In these efforts, the County will establish a comprehensive central depository for A
housing information located at the Monroe County Housing Authority and Growth Management Division
for the coordination and cooperation among public and private agencies which collect and use housing data. CL
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Objective 601.3
Monroe County shall continue implementation efforts to eliminate substandard housing and to preserve,conserve
and enhance the existing housing stock,including historic structures and sites. [F.S. § 163.3177(6)(f)1.,3.] g
Policy 601.3.1
Monroe County shall coordinate with other County agencies to monitor housing conditions. Standards for `j
evaluation of the structural condition of the housing stock are summarized below:
CL
Sound: Most housing units in this category are in good condition and have no visible defects. 0
However,some structures with slight defects are also included. U)
Deteriorating:A housing unit in this category needs more repair than would be provided in the course
of regular maintenance, such as repainting. A housing unit is classified as deteriorating when its C,
deficiencies indicate a lack of proper upkeep. E
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Dilapidated(Substandard):A housing unit in this category indicates that the unit can no longer provide .,
safe and adequate shelter or is of inadequate original construction including being constructed below
the minimum required elevation by FEMA or the County's Floodplain Regulations.
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Policy 601.3.2
The County Code Compliance Office and Building Department will enforce building code regulations and
County ordinances governing the structural condition of the housing stock,to ensure the provision of safe, MI
decent and sanitary housing and stabilization of residential neighborhoods.
U)
Policy 601.3.3 0
Monroe County shall encourage expanded use of U.S. Department of Housing and Urban Development 0
(HUD) rental rehabilitation programs by the Monroe County Housing Authority and State and Federal
Floodplain or Hazard Mitigation programs to facilitate increased private reinvestment in housing by
providing information,technical assistance in applications for federal and State funding,or provide local
public funds for rehabilitation purposes.
Policy 601.3.4
Monroe County shall encourage identification and improvement of historically significant housing through
the coordination of public information programs defining benefits and improvement funding sources.
t3
Objective 601.4
Monroe County shall maintain land development regulations which allow group homes and foster care facilities
licensed or funded by the Florida Department of Health(DOH),as well as subsidized housing for elderly residents E
of the County,to be located in residential areas as appropriate.
O
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Policy 601.4.1
Monroe County shall maintain land development regulations which permit group homes and foster care X
facilities(homes of six or fewer residences which otherwise meet the definition of Community Residential W
Home pursuant to F.S. § 419.001(1)(a))licensed or funded by the DOH in all land use categories which a
permit residential development where consistent with other goals, objectives, and policies of this E
Comprehensive Plan.
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Packet Pg. 3540
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Exhibit 1 Evaluation and Appraisal Review Amendments
U)
Policy 601.4.2
The County shall identify and evaluate alternative strategies to expand subsidized housing programs for
elderly residents of Monroe County through coordination with the Monroe County Housing Authority,and
encourage their development by private, community-based non-profit, or public entities, as well as E
public/private partnerships.
A
Objective 601.5
The County shall provide uniform and equitable treatment for persons and businesses displaced by state and local CL
government programs,consistent with F.S. § 421.55.
Policy 601.5.1
Bt-N4,vy--9, 244-p-7-Monroe County shall laua�u� uau_uuua u,uunuuu�_ Qluaui a�➢,_�u _uiuun�uui_ia _1�u_r,a uur;_�ur,pa➢ua_ �_ Y. .2
uuuu�y_ a�� �u_uuunr,; uu_u�_a��sr iie_I➢ _uise_of� ]➢ ejid pl uniform relocation standards for displaced t�tnobfla_l���uuna,,
households�Wfiiu So�ua�W723 0 � �__ ,�� a� _u_uuuun uu�u➢ ua qua uu_uuu a�u_uu a _uun� u➢a u_uun� q u➢ _➢_ua�lun _a��vuuen.),
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Exhibit 1 Evaluation and Appraisal Review Amendments
3.7 - POTABLE WATER
E
GOAL 701
Monroe County shall support FKAA in the fulfillment of their statutory obligation and authority to provide for a safe,
high quality and adequate supply, treatment, distribution, and conservation of potable water to meet the needs of <
present and future residents. [F.S. §§ 163.3177(6)(c), 163.3177(6)(c)2] ra
2A
Objective 701.1
Monroe County shall ensure that at the time a certificate of occupancy or its functional equivalent is issued,
d
adequate potable water supply,treatment,and distribution facilities are available to support the development at
the adopted level of service standards. [F.S. § 163.3177(6)(c)]
Policy 701.1.1
Monroe County hereby adopts the following level of service standards to achieve Objective 701.1 and shall
use these standards as the basis for determining facility capacity and the demand generated by a
development. [F.S. § 163.3180(1)(b),(2),(3)(a)3] W
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Level of Service Standards
1. Quantity:
100 gal./capita/day* U+
*Note:Based on historical data through December 2011;provided by FKAA,December 2012.
2. Minimum Pressure:
20 PSI at customer service
3. Minimum Potable Water Quality: 0
Shall be as defined by Chapter 62-550 F.A.C. U
Policy 701.1.2 _
Monroe County shall maintain land development regulations which provide a Concurrency Management
System(See Capital Improvements Policy 1401.4.5). The Concurrency Management System shall ensure a
that no certificate of occupancy or its functional equivalent will be issued for new development unless M
adequate potable water supply,treatment, and distribution facilities needed to support the development at U)
the adopted level of service standards are available. [F.S. § 163.3177(3)(a)3.,(6)(c);F.S. § 163.3180(1)(b),
(2),(3)(a)3.,(6)(c)]
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Policy 701.1.3 0
The Concurrency Management System adopted in accordance with Policy 701.1.2 shall specify procedures
for updating facility demand and capacity information, utilizing data provided by the FKAA as potable
water facilities are installed or upgraded. [F.S. § 163.3180(2)]
vi
Policy 701.1.4
Monroe County shall implement a concurrency management system that is consistent with the South
Florida Water Management District Lower East Coast Regional Water Supply Plan and Florida Keys
Aqueduct Authority 20-year Water System Capital Improvement Master Plan. (Ord.No. 022-2009)
U
Policy 701.1.5
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Monroe County shall prepare and maintain a 10-year Water Supply Work Plan that identifies alternative
water supply projects, traditional water supply projects, conservation, and reuse necessary to meet the
Monroe County Unincorporated Area water supply needs, consistent with the South Florida Water
Management District Lower East Coast Regional Water Supply Plan and the Florida Keys Aqueduct 0
Authority 20-year Water System Capital Improvement Master Plan. [F.S. § 163.3177(6)(c)3] (Ord. No. 0
022-2009) T°
X
Policy 701.1.6
Monroe County adopts the Monroe County 10-Year Water Supply Facilities Work Plan update, dated
August,2019,by reference,into the Comprehensive Plan. Monroe County shall update the 10-year Water
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Exhibit 1 Evaluation and Appraisal Review Amendments
Supply Work Plan every 5 years or within 18 months after the governing board of the South Florida Water
Management District approves an updated regional water supply plan. [F.S. § 163.3177(6)(c)3.] (Ord.No.
022-2009; Ord.No. 007-2016; Ord.No.017-2020, § 1,6-17-2020)
Objective 701.2
Monroe County shall work cooperatively with the FKAA,South Florida Water Management District(SFWMD),
Miami-Dade County, and the Cities of Layton, Key Colony Beach, Marathon, Key West and the Village of A
Islamorada to ensure the protection and availability of an adequate raw water supply at the Florida City Wellfield
to meet the needs of Monroe County through the year 2030. [F.S. § 163.3177(6)(h)l.] CL
d
Policy 701.2.1
Monroe County shall work closely with FKAA in their renewal of the Florida City Wellfield consumptive
use permit issued by SFWMD.
Policy 701.2.2
Monroe County shall encourage the use of alternative water sources such as reverse osmosis,cisterns and
water re-use, and shall evaluate the feasibility of using such alternative sources in the event that the
necessary withdrawals from the Biscayne Aquifer are limited.
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Policy 701.2.3 U)
Monroe County shall coordinate with the FKAA for the consumptive use permitting process. This
coordination shall include providing information regarding future land use growth patterns, population
trends, growth management policies and demand projections to ensure consistency between the FKAA
permitting process and the Monroe County Comprehensive Plan. E
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Policy 701.2.4
Monroe County shall aM:_aau�uuu ui y ui➢u �� ➢i ,�o-l ➢yFKAA and SFWMD auu uapa� uituu the 3u ,uuuuu t➢m
Public Facilities Capacity Report (.!h-�_➢,)__prepared in accordance with Capital Improvements Policy
1401.4.9. These iimmt.*+1 j°➢_C]I'LTeports shall include the latest information on land use, population trends, U)
and growth management policies as well as facility capacity analyses using data supplied by service
providers.
I
Policy 701.2.5
Monroe County shall coordinate and provide comments on the SFWMD plans,such as water supply,cost, U)
needs and sources,and water conservation plans,as they are developed. 0
Policy 701.2.6
Monroe County shall continue to coordinate with the Cities of Layton,Key Colony Beach,Marathon,KeyI
West,the Village of Islamorada, and FKAA as necessary to facilitate system-wide compatibility on such
potable water-related issues as potable water levels of service,consumption projections,water conservation �I
programs,and emergency management.
I
Objective 701.3
Monroe County shall work cooperatively with Miami-Dade County to encourage land use planning and
development controls which shall protect the recharge area of the Florida City Wellfield from potential sources U
of groundwater contamination,saltwater intrusion and overextraction. [F.S. § 163.3177(6)(c),(h)l.]
Policy 701.3.1
Protection of the Florida City Wellfield shall be accomplished through the Miami-Dade County Wellfield
Protection Ordinance and the SFWMD Water Supply Policy Document. c
0
Policy 701.3.2 X
Monroe County shall maintain an interlocal agreement with FKAA and Miami-Dade County. This
agreement shall provide Monroe County with an opportunity to comment on land use and regulatory issues C
related to the Florida City Wellfield, aquifer and aquifer recharge area. It shall set forth procedures for E
review of land use and regulatory activities identified as having potentially significant impacts on the
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aquifer recharge and water supply systems especially concerning hazardous waste generation. Criteria for
determination of significant impacts shall be included in the interlocal agreement.
Objective 701.4
Monroe County shall continue to coordinate with FKAA to ensure adequate capacity is available to provide for �E
fire flows for protection of the public health,welfare and safety. [F.S. § 163.3177(3)(a)3.]
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Policy 701.4.1
Monroe County shall coordinate with the FKAA,in accordance with its Capital Improvements Program,to CL
continue upgrading the distribution system toward the goal of providing fire flow capabilities throughout
Florida Keys as funds and land are available. Fire flows shall meet the provisions of the Florida Fire
Prevention Code. All commercial facilities not along U.S. 1 shall provide "on site" fire abatement,unless
identified in the Agreement Between Monroe County and the Florida Keys Aqueduct Authority for g
Installation and Maintenance of Fire Hydrants in Unincorporated Monroe County.
Policy 701.4.2 W
Monroe County shall require that at the time a construction permit is issued,adequate fire flow is supplied
to the site in accordance with the Florida Fire Prevention Code.
CL
Objective 701.5 U)
Monroe County shall continue to assist the FKAA with water conservation efforts and assist in implementing
the FKAA's Water Conservation Plan consistent with SFWMD's Water Shortage Plan and Comprehensive Water
Conservation Program.The County shall implement Policies 701.5.1 to further conserve potable water use. C,
Policy 701.5.1 U
uluiuu au 4l - a � i 41ulpi��ut 41u � ilBao-wi :�m._A ➢ o-;Monroe County shall upn uuuu�uuuu_uu_u�;, t3
implement a landscape ordinance consisting of water conservation measures, uuua.➢uudjll u a Q,;lvuuu a�: _
➢�uuu�rg_ul iuuu uun_ui: u u d slu ffl q�u�_u_u u�uve
-__r;ga�a_u r, _�M; ",9.a a_uuu��j_uuu_�, �D( �a�ua�uup_p� p����_uuu��_w��i�,lu may a➢r;a� E
include Florida Friendly provisions. U)
Policy 701.5.2
During the development of updated land development regulations, Monroe County shall coordinate with MI
the FKAA to evaluate building codes, utility regulations, landscaping ordinances, and public education it%
programs for implementation of water conservation measures. [F.S. § 163.3177(6)(c)] U)
U)
Policy 701.5.3
Monroe County shall coordinate with the FKAA in accordance with their Water Conservation Plan to
implement a leak detection program and a conservation rate structure.Monroe County shall coordinate with
the FKAA,the SFWMD, and other affected organizations,to formulate and initiate implementation of a R
joint public education program for water conservation. �I
Policy 701.5.4
Monroe County shall continue to comply with SFWMD water use restrictions including all Phase I and
Phase I(modified)water use restrictions when water shortages are declared by the SFWMD.
U
Policy 701.5.5
Monroe County shall coordinate with the Florida Department of Health (DOH) to permit utilization of
reclaimed water storage systems and utilization for all exterior irrigation and flushing purposes. Upon E
receipt of authorization, policies shall be developed to implement the use of reclaimed water storage
systems where economically feasible. c
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Policy 701.5.6 X
Monroe County shall permit and encourage rainwater capture for all non-potable uses and for safe
household potable uses. [F.S. § 163.3177(6)(c)]
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ioi� r MI111;5;
'��lu���-���� (l��������t=����1���-��-�u��-��i 4i��-����-�-�-���-�����8���;��-a-A-➢a��u -M������� �-��-�u�-�N --�;�u��ll�v��lu��
�� p:,rdUp c➢p49dY99 � ,�&9 $fib e:,� �p9:1t4 c 4➢k',Rp99k 1�dY9�R'� .9iY9➢p 9ak�� p '; k�t;x ��b99 nk'Rp VR$ R �Rp ';
���1���-u-���:iv� -a���;�--a..���➢a��:�-S!���-u�;��;��;��r��-w-➢�ia..8�a:.�-�� �u-���a_1 -�4a�b��;-w�°��a�--�;��fa1�➢-�N �
Policy 701.5.,/
As the water conservation measures set forth in Policies 701.5.1 through 701.5.7 are implemented,Monroe A
County shall re-evaluate the adopted potable water levels of service through the evaluation and appraisal
C,
report process. C,
Objective 701.6
In coordination with the FKAA, Monroe County shall continue to maximize the use of existing facilities and
discourage urban sprawl. [F.S. § 163.3177(6)(c)2.] 2
Policy 701.6.1
Monroe County shall annually evaluate proposed FKAA capital improvements for inclusion in the annual `j
update of the County's CIE Schedule.
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Policy 701.6.2 0
Existing facilities shall be maximized by encouraging capital developments in already developed areas and U)
discouraging extension of facilities to undeveloped areas.
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Exhibit 1 Evaluation and Appraisal Review Amendments
3.8 - SOLID WASTE
E
GOAL 801
Monroe County shall provide for the adequate collection, disposal and resource recovery of solid waste in an
environmentally sound and economically feasible manner to meet the needs of present and future County residents.
[F.S. § 163.3177(6)(c);F.S. § 163.3180(1)(b)] ra
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Objective 801.1
Monroe County shall ensure that solid waste collection service and disposal capacity is available to serve
development at the adopted level of service standards. [F.S. § 163.3180(1)(b),(2)]
Policy 801.1.1
Monroe County hereby adopts the following level of service standards to achieve Objective 801.1, and .2
shall use these standards as the basis for determining facility capacity and the demand generated by a
development. [F.S. § 163.3180(1)(b),(2)]
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Level of Service Standards:
Disposal Quantity: 11.41 pounds per capita per day
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Policy 801.1.2 U+
Monroe County shall maintain land development regulations which provide a Concurrency Management
System(See Capital Improvements Policy 1401.4.5). The Concurrency Management System shall ensure
that no certificate of occupancy or its functional equivalent will be issued for new development unless
adequate solid waste collection and disposal facilities needed to support the development at the adopted t0
level of service standards are available concurrentwiththe impacts of development. [F.S. § 163.3180(1)(b),
(2)]
Policy 801.1.3 E
All improvements for replacement,expansion or increase in capacity of solid waste collection and disposal
facilities shall be compatible with the adopted level of service standards for the facilities.
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Objective 801.2
Monroe County shall maintain a five-year schedule of capital needs for solid waste collection and disposal as
part of the County Capital Improvements Program,identify responsible parties and agencies, and identify time U)
frames for improvement/completion. This program shall be updated annually consistent with Capital c
Improvements Policy 1401.1.2 and in conjunction with the County's annual budget process to ensure economic
feasibility.
I
Policy 801.2.1 c�;l
Projects to correct existing deficiencies shall be undertaken in accordance with the Five-Year Schedule of
Capital Improvements provided in the Capital Improvements Element, and shall be given priority in the �I
formulation and implementation of the annual work programs of the County. R
Objective 801.3 U
Monroe County shall continue to implement solid waste disposal methods which meet the projected demands
for disposal.These disposal demands shall be met either by continuation of the County's current haul out contract
or by other means as determined by the County.
Policy 801.3.1 0
The Cudjoe Expansion landfill shall remain open for emergency landfilling capabilities or future use. 0
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Objcctivc8m.4
�4onn�u [oun� abul uvuu
75 percent diversion rate of the municipal solid waste stream b�-,24)244 through recycling.
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Policy8V1,4,1
Monroe County abul continue to uaauaa collection prucdcua, net n/atudul rucovury, program costs and
public participation,and rates oI curbside collection p#i-)f programs. The results oI this assessment shall hu
considered in the design and
recycling programCL
Policy8V1,4,2
onnou County shall ei
county-wide --recyclbng for residential and
commercial
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Policy8V1,4,3
At select locations, the County shall continue to implement and expand, as necessary,drop-off collection U
programs,electronic waste and household hazardous waste collection,which shall supplement the curbside
collection program, and facilitate participation by properties which are not equipped to participate in the
curbside collection programs.
Policy8V1,4,4 �
�
Monroe County shall continue to famish holding mrua for uhumionud autos and white guoda, and contract m
out for the crushing,baling and transport of abandoned autos and white goods out of the County.Franchise M|
haulers are licensed to recover Freon from white goods.
Policy8V1,4,5 0
Monroe County shall strive to achieve separation of at least 50 percent of its construction and demolition 0
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Policy8V1,4,6 R
Monroe County shall �|
oHl -a yard waste program,including mulching and compo C�
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P4W,y4404-,4r7-
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OWjcorivc8V1'5 °~
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Monroe County abul undertake ucdvidua which support existing atu|u and IcdunJ laws pertaining to the X
handling,transportation and disposal oI hazardous wastes. W
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Exhibit 1 Evaluation and Appraisal Review Amendments
Policy 801.5.1 U)
The Monroe County Pollution Control and the Department of Environmental Management shall continue
to identify the location of all hazardous materials in the County and shall have plans prepared,such as the
Monroe County Peacetime Emergency Plan,for containment,cleanup,public notification,and fire control,
consistent with federal,state,and county mandates. �E
Policy 801.5.2
Inspection measures shall continue to be utilized at Monroe County transfer facilities to eliminate
household generated hazardous wastes from the waste stream. CL
Policy 801.5.3
The Monroe County Building Department will continue to distribute copies of the certificates of occupancy
to the Department of Planning and Environmental Resources and the Monroe County Fire Department to g
notify them when buildings or sites become occupied by hazardous materials users and potential hazardous
waste generators,as identified on the County's listing,are issued certificates of occupancy.
Policy 801.5.4 C
Monroe County shall continue to review the potential of inclusion in a Region-wide hazardous waste CL
program consistent with the SFRPC Strategic Regional Policy Plan for South Florida.
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Objective 801.6
Monroe County shall increase intergovernmental coordination efforts with the Department of Economic
Opportunity(DEO),the Department of Environmental Protection(FDEP),the South Florida Regional Planning C,
Council (SFRPC), and the County's municipalities to develop and implement the most cost-effective and E
environmentally sound methods of regional solid waste management. U
Policy 801.6.1
Monroe County shall continue to manage the collection, transportation, recycling and disposal of solid
waste for the unincorporated areas and cities with the exception of Key West and the Village of Islamorada, U)
as stipulated in the County's long-term interlocal agreements with these cities.In the event that the City of
Key West's waste reduction and on-site disposal facilities no longer fulfill the City's solid waste needs,
Monroe County shall negotiate with the City of Key West regarding consolidation of the City and County MI
solid waste management processes. '
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Policy 801.6.2 0
Monroe County shall continue coordination efforts with the Department of Environmental Protection
(FDEP)and other involved federal and state agencies to pursue funding for the implementation of the goals,
objectives,and policies of this element.
Objective 801.7
Monroe County shall continue to promote public awareness of the initiatives to recycle and reduce the solid
waste stream.
Policy 801.7.1
Monroe County shall continue its long-term recycling goals and programs, including public participation
and educational programs.
Policy 801.7.2
Monroe County shall continue to promote waste reduction and recycling by the retail sector and hospitality
industry by conducting recycling audits and Business Recycling Workshops. c
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Exhibit 1 Evaluation and Appraisal Review Amendments
3.9 - Sanitary Sewer
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GOAL 901
Monroe County shall uun uuuh a--_alt provide for the adequate u---------- _economically sound collection,treatment, and E
disposal of sewage which meets the needs of present and future residents while ensuring the protection of public
health, and the maintenance and protection of ground,nearshore, and offshore water quality. [F.S. § 163.3177(6)(c); ra
F.S. § 163.3180(2);F.S. §381.0065;F.S. § 403.086; Chapter 99-395,Laws of Florida]
Objective 901.1
Monroe County shall ensure that, at the time a certificate of occupancy, or its functional equivalent is issued,
adequate sanitary wastewater treatment and disposal facilities, including wastewater treatment facilities and
onsite sewage treatment and disposal systems, are available to support the development at the adopted level of
service standards, and annually update the five-year schedule of capital needs accordingly. [F.S. §
163.3177(6)(c);F.S. § 163.3180(1)(b),(2)]
Policy 901.1.1
Monroe County shall ensure that at the time a certificate of occupancy,or its functional equivalent is issued,
adequate sanitary wastewater treatment and disposal facilities are available to support the development at
the adopted level of service standards. [F.S. § 163.3177(6)(c)2.;F.S. § 163.3180(1)(b),(2)]
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December 31,2015 Level of Service Standards a
a�
(A) The permanent level of service standards for wastewater treatment in Monroe County are as follows: E
Mg/L U
B 11 OD TSS TN TP,,,,,,,,,,,,,,,,,,,,,,,�
y 10 1 On-site Sewage Treatment and Disposal Systems 10
Design flows less than 100,000 gpd(BAT) 10 10 10 1 �
Design flows greater than or equal to 100,000 gpd(AWT) 5 5 3 1 U)
Source:Monroe County Sanitary Wastewater Master Plan,2000. I
BOD:Biochemical Oxygen Demand
TSS:Total Suspended Solids t)
TN:Total Nitrogen t)
TP:Total Phosphorus 0
BAT:Best Available Technology 0
AWT:Advanced Wastewater Technology
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(B) The County shall support State and Federal educational programs to reduce demand for phosphate R
products.
(C) The capacity level of service standard: 167 gallons per day per EDU.
Policy 901.1.2
U
Monroe County shall maintain land development regulations which provide a Concurrency Management
System(See Capital Improvements Policy 1401.4.5). The Concurrency Management System shall ensure
that a certificate of occupancy or its functional equivalent will not be issued for new development unless
adequate sanitary wastewater treatment and disposal facilities needed to support the development at the
adopted level of service standards are available. [F.S. § 163.3177(6)(c);F.S. § 163.3180(2)]
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Policy 901.1.3
All improvements for replacement,expansion,or increase in capacity of sanitary wastewater treatment and �
disposal facilities shall be compatible with the adopted level of service standards for the facilities. [F.S. § ..
163.3177(6)(c)2]
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Policy 901.1.4 U)
The Permit Allocation and Point System shall award positive points for development proposed to be
connected to a central wastewater treatment system that meets the AWT treatment standards established by
Florida Legislature and Policy 901.1.1.
Policy 901.1.5
Monroe County shall maintain level of service standards for package treatment plants and on-site sewage A
disposal systems(OSDS)based on the requirements established in F.S. §403.086 and shall amend the Land @
Development Code(LDC)to include these standards. [F.S. § 163.3177(6)(c)2.] CL
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Policy 901.1.6
Monroe County, uuu u.,.00iufuuudifloiu wju ]➢ _ KAA, shall maintain a five-year schedule of capital needs for
wastewater treatment and disposal as part of the County Capital Improvements Program. This program g
shall be updated annually consistent with Capital Improvements Policy 1401.1.2 and in conjunction with
the County's annual budget process to ensure economic feasibility.
Policy 901.1.7 C
Monroe County,in conjunction with the Florida Department of Health(DOH),shall correct existing facility .2
deficiencies by requiring the elimination of cesspools and septic tanks and package treatment plants as 0
necessary to meet State and County standards. °U)
Objective 901.2
Monroe County shall fulfill�➢_u��:a�_u➢r_,_a�uM F�ll��w- ui�a��u�R�� u��=���un�uua°u��1�N�a��u �a�a��������una lu a::�1��u�l�a��=�� ;uu ��m�e�;�1 CL
4i-the Monroe County Sanitary Wastewater Master Plan and implement central wastewater systems called for E
by the master plan by-,24,4`. U
Policy 901.2.1
Monroe County shall continue coordination with EPA,FDEP,SFWMD and NOAA regarding the scope of
studies required to document pollutant loads from OSDS, cesspits, package treatment plants, and other
point and non-point sources on the Florida Keys into surrounding waters and updates to the Monroe County
Sanitary Wastewater Master Plan (See Conservation and Coastal Management Policy 202.1.1.) [9J-
5.011(2)(c)l] M
Policy 901.2.2 U)
In coordination with the appropriate agencies,Monroe County shall prepare and distribute annual reports 0
indicating the status of the Monroe County Sanitary Wastewater Master Plan. i9
Objective 901.3 �
Monroe County shall regulate land use and development to conserve potable water,and protect the functions of R
natural drainage features and groundwater from the impacts of sewer systems. [F.S. § 163.3177(6)(c)2.] 'I
Policy 901.3.1
The County shall use the adopted Monroe County Sanitary Wastewater Master Plan,as amended,as a guide
for implementation of central sewer projects.
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Policy 901.3.2
Monroe County shall ensure that wastewater treatment facilities are designed and constructed in accordance
with the adopted levels of service, so as to limit the discharge or introduction of pollutants into nearshore E
waters.
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Policy 901.3.4
Monroe County, as part of the Monroe County Sanitary Wastewater Master Plan shall continually X
investigate the potential for reuse/recycling of treated wastewater. Monroe County shall encourage all w
sewage treatment plants to provide for wastewater reuse whenever feasible.
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Policy 901.3.5 U)
Monroe County, in conjunction with appropriate federal, state and regional agencies, shall continue to
support programs which minimize or eliminate the use of products which contain phosphorous in the
County.
Policy 901.3.E
Monroe County shall revise the Land Development Code to incorporate the conclusions and U)
recommendations of the EPA's water quality protection program as those findings become available.
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Policy 901.3.7
Notwithstanding the standards for a variance, the minimum required setbacks, as specified in the Land
Development Code,may be waived to accommodate wastewater treatment plant expansion where it can be
demonstrated that: g
1. the expansion is required to bring an existing plant up to current state and county standards or is
required to resolve a violation of either of these standards; and
2. there is no other practical alternative. `j
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Exhibit 1 Evaluation and Appraisal Review Amendments
3.10 - DRAINAGE
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GOAL loot
Monroe County shall provide a stormwater management system which uun uuuu� �uu<,mlaua,q ugau�_u�la�lu ir;ed d uuuud u_aa,„
protects real and personal properties, public health and safety, and which promotes and protects groundwater and <
nearshore water quality [F.S. § 163.3177(6)(c)] ra
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Objective 1001.1
Monroe County shall ensure that at the time a certificate of occupancy or its functional equivalent is issued,
adequate stormwater management facilities are available to support the development at the adopted level of
service standards. [F.S. § 163.3177(6)(c)]
Policy 1001.1.1
Water Quality Level of Service Standards -Minimum Water Quality:
All projects shall be designed so that the Iu a_a_u9.au�hualuu_q_trlaa,ff discharges will meet �➢ a�.,_ i�a rurlu_ duuu�;
1. a uayu_uun uuua __r,i_upMui�_uu�ffru_em; ,ibfis➢ue d_uu_u_R;uJe 62-�QD�_ QDQD ll__ �� _ _,uu0—ih _C ouuunl�_s M uunuu fl off_�loruin--Mui r �
luu_i�-e_uunauui_ff°u ua qua_ r,_uuui -_ui➢u a i-euun--uur;iu_li _i;➢u i�_9.ai r� ��_� _➢a gauun_uu�_�a�_i➢ u_uu�ua r: uu_lui,i�_iCL
�j_i➢.9.a➢ua rga➢ugL(I gi
➢a i-r__lu_ _➢i_r,r;_i➢u uuu_tau_ _�u� ➢alauuniuui_➢a _i r;_ia �➢u a a_ u�iuuu,_y i� u_q�a�y_ uui_i_uuungaui� _uun -ui�a�u_---- ----,iu ------ >
u uu_ty_uu a_pa uu_ uu�_� `q°%b,d ue(hya lua�l_u_uuu_<_,ia0uuum� ,gil_ia i i_➢_uuu�ua u,_uu➢a_i� _luuij_ia i i➢_pa➢ua r;1a➢uaauaara➢a u k _�u _i�_uun ua�m
lA i� d➢"+➢Y",i� lu A�➢V➢&"+➢VnVp"±V � d'&,"+➢:➢p& N➢p� a&➢ N�& ":, V�V iV o sj➢ _d'➢",0�V_i➢ &",➢Vn&g Florida State Water a
_ _ _, _ ,n________,_
Quality/Quantity Standards as set forth in]I�uJe 62-3 V2_`g4V4V_ff,',A� �
iula. u-luuai�ai� ➢iiriui ley uumwo-.. All projects should be designed in accordance with the Florida CL
Department of Transportation and South Florida Water Management District standards and taking into c
account projections for r,;,a i➢evel a a<,a_�:1i a� o-..B a uo-g . [F.S. § 163.3177(6)(c)] U
Every three years, after the adoption of the 2030 Comprehensive Plan, Monroe County shall review the
standards for detention and retention volumes for surface water to ensure they achieve minimum water E
quality standards.
Policy 1001.1.2 U)
Monroe County shall maintain land development regulations which provide a Concurrency Management
System(See Capital Improvements Policy 1401.4.5). The Concurrency Management System shall ensure M
that no certificate of occupancy or its functional equivalent will be issued for new development unless U)
adequate stormwater management facilities needed to support the development at the adopted level of c
service standards are available concurrent with the impacts of development. [F.S. § 163.3177(3)(a)3; F.S.
§ 163.3180(1)(b),(2)]
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Policy 1001.1.3 c�;l
Monroe County shall maintain, implement, review and update, as necessary, the County's stormwater
management regulations and Stormwater Master Plan. All improvements for uun luuqa,uu luua_a17_replacement, �I
expansion or increase in capacity of drainage facilities shall conform to the adopted level of service criteria
pursuant to Policy 1001.1.1. [F.S. § 163.3177(3)(a)3.]
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Policy 1001.1.4
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u luiva � uua 4 -ya u u ail �Bi M..i=1i .u�i�auui-iat �Bi a :u� i uii.0 B a,uu uva pl.l�u o,7-Monroe County shall uwnui iau iull
�l l� tY �
a dope stormwater management regulations consistent with the National Pollution Elimination Discharge
System Best Practices and Low Impact Development principles.
Policy 1001.1.5 0
Monroe County shall maintain land development regulations which ensure County review of all
development permits for compliance with adopted stormwater management design criteria. [F.S. §
163.3177(3)(a)3.]
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Policy 1001.1.6 U)
A1°➢am;,-Monroe County shall ev-al*Av,4W as
���o- s.:�ul�la uupoluuui�uub an inventory and analysis of existing public drainage facilities within the County
and associated flooding issues_u.0 ud sa_u_level u_pr:,e. [F.S. § 163.3177(6)(c)l,2.] �
Objective 1001.2
The County shall maintain a five-year schedule of capital improvement needs for drainage facilities as part of U)
the County Capital Improvements Program. This program shall be updated annually consistent with Capital
Improvements Policy 1401.1.2 and in conjunction with the County's annual budget process to ensure economic CL
feasibility. [F.S. § 163.3177(3)(a)l.,4.] <
Policy 1001.2.1
Proposed stormwater capital improvements projects shall be evaluated as follows,with special attention to g
the position of the project in the Monroe County Seven Year Roadway and Bicycle Path Plan:
a) Whether the project is needed to protect public health and safety, to fulfill the County's legal
commitment to uun uuuh_:duuuumluwi facilities and services,to protect sensitive environmental areas `j
from documented or anticipated adverse impacts, or�� l u r� ' a.B4i N,e-4 11 -use of existing
facilities.
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b) Whether the project increases efficiency of use of existing facilities,prevents or reduces future 0
improvement costs,provides service to developed areas lacking full service,or promotes infill °U)
development.
c) Whether the project represents a logical extension of facilities and services within a designated
service area. C,
1: ___ ➢u,_8aua alga� ➢�� ➢_a u_r,a_uaua_ ➢u_ul_au_uu_loiva_➢_uu,yve_d�yv➢pauu a_a�uar;ul�,uuuuu r;u,_u➢u,yuejjku,_u_uud ll_uuMsefuu➢, E
➢uua_0l_i➢ua_9.aua1 aa.-u_., U
Policy 1001.2.2
Projects needed to correct existing <,�aut n� u�a,tt_deficiencies shall be given priority in the formulation and
implementation of the annual work program for the responsible County department. Specific priority will U)
be given to those existing drainage problems which are determined to have the greatest adverse effect on
1)public health and safety;2)groundwater and nearshore waters or areas designated as Outstanding Florida
Waters; and 3)access. [F.S. § 163.3177(3)(a)l.] MI
Objective 1001.3 U)
Monroe County shall continue to coordinate with the appropriate regional agencies and adjacent local 0
governments to address regional drainage issues. 0
Policy 1001.3.1 �
Monroe County shall,as necessary,enter into interlocal agreements with Key West,Marathon,Key Colony
Beach,Layton,Islamorada,Miami-Dade,Broward and Collier Counties,and with agencies having regional �I
oversight over drainage issues, such as FDOT, SFWMD and the ALOE. These agreements shall be
designed to:
1. protect the functions of natural drainage features that impact the quality of the waters surrounding the
Florida Keys; and
2. coordinate the extension or increase in capacity of any interjurisdictional drainage facilities which are
necessary to meet the future needs of Monroe County.
Policy 1001.3.2
Prior to any revision of drainage policies and ordinances,Monroe County shall meet with the SFWMD and
the SFRPC to ensure that the local regulatory framework is consistent with the planning objectives and c
regulations of the region.
X
E
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Exhibit 1 Evaluation and Appraisal Review Amendments
3.11 - NATURAL GROUNDWATER AQUIFER RECHARGE
E
GOAL 1101
Monroe County shall protect the quality and quantity of water in the potable water aquifer and in the freshwater lens
systems so as to ensure public health, conserve the public water supply, and preserve ecosystems dependent upon
freshwater. [F.S. § 163.3177(6)(c)] ra
2A
Objective 1101.1
Monroe County shall work cooperatively with Miami-Dade County to encourage land use planning and
development controls which shall protect the recharge area of the Florida City Wellfield from potential sources
of groundwater contamination, saltwater intrusion_fi-o un s .i level i-rke and over-extraction. (See Potable Water �
Objective 701.4 and related policies.) [F.S. § 163.3177(6)(d)]
Objective 1101.2
Monroe County shall provide for the protection of groundwater within the unincorporated areasykulll�_flue
➢&A d ku,ullV➢d➢p Vlu. ll <u ➢_&lishj➢u e" ➢Vu N b ➢➢pu➢i 11<,➢➢pku,� ➢➢Vn ➢Nu V:ad��k VA�'�u➢ 11��7od��➢➢pk�,__N➢A���s N level ➢ se+ W
Policy 1101.2.1
Monroe County shall undertake activities which shall reduce pollutant entry into groundwater,summarized
as follows: U+
1. Monroe County shall develop and implement permitting, inspection and enforcement procedures
designed to reduce pollutant discharges into groundwater from:
a) on-site disposal systems(See Sanitary Sewer Goal 901 and related objectives and policies);
b) secondary sewage treatment plants and injection wells(See Sanitary Sewer Goal 901 and related t0
objectives and policies);
c) stormwater runoff(See Drainage Element Objective 1001.1 and related policies);
d) pesticides used for mosquito control - Monroe County shall coordinate with the Florida Keys _
Mosquito Control District to promote mosquito control techniques which will reduce the entry E
of pollutants from aerial pesticide applications into groundwater);
e) fuel storage tanks - Monroe County shall coordinate with the Department of Health(DOH)to
continue undertaking activities designed to reduce pollutant discharges into ground and surface U)
waters from aboveground and underground fuel storage tanks (See Conservation and Coastal
Management Objective 202.12 and related policies); and
f) hazardous wastes-Monroe County shall continue to undertake activities which support existing U)
state and federal laws pertaining to the handling,transportation and disposal of hazardous wastes c
(See Solid Waste Objective 801.5 and related policies.)
Policy 1101.2.2
Monroe County shall continue to restrict the percentage of impervious surfaces on development sites crib
through application of the Open Space Requirements in the Land Development Code. These regulations
shall be met or exceeded in order to minimize impervious areas and to protect freshwater lens recharge
areas. [F.S. § 163.3177(6)(c)]
Policy 1101.2.3 U
Monroe County shall consider altering the minimum required open space ratios, and other development
regulations, to protect the quantity and quality of groundwater in the freshwater lens systems. [F.S. §
163.3177(6)(c)]
Policy 1101.2.4 0
Monroe County shall maintain land development regulations that prevent groundwater contamination 0
during resource extraction operations. Such regulations shall require onsite retention, and point source
pollution controls meeting FDEP and ACOE requirements.
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Exhibit 1 Evaluation and Appraisal Review Amendments
3.12 - RECREATION AND OPEN SPACE
E
GOAL 1201
Monroe County shall provide a recreation and open space system to conserve valuable natural resources and to provide
recreational opportunities adequate to serve the present and future population of Monroe County,including residents
and visitors. [F.S. § 163.3177(6)(e)] ra
2A
Objective 1201.1
Monroe County shall ensure that at the time a development permit is issued,adequate park and recreation lands
and facilities are available to serve the development at the adopted level of service standards concurrent with the
impacts of such development.
Policy 1201.1.1
Monroe County hereby adopts the following level of service standards to achieve Objective 1201.1, and
shall use these standards as the basis for determining recreation land and facility capacity:
w
Level of Service Standards for Neighborhood and Community Parks: ig
1. 1.5 acres per 1000 functional population of passive, resource-based neighborhood and community
parks; and
2. 1.5 acres per 1000 functional population of activity-based neighborhood and community parks within U)
each of the Upper Keys,Middle Keys,and Lower Keys subareas.
Policy 1201.1.2
Monroe County hereby adopts the following Recreational Guidelines as goals. They shall be used as 0
advisory guidelines only,and shall not be used for concurrency purposes. U
Goals for Recreational Facilities: _
1. one(1)baseball/softball field for every 5,000 functional population; E
2. one(1)tennis court for every 2,000 functional population;
3. one(1)equipped play area for every 10,000 functional population;
4. one(1)picnic area for every 6,000 functional population; U)
5. one(1)mile of recreational(sandy)beach shoreline for every 100,000 functional population;
6. one(1)football/rugby/soccer field for every 6,000 functional population;
7. one(1)basketball court for every 5,000 functional population; U)
8. one(1)volleyball court for every 6,000 functional population; c
9. one(1)racquetball/handball court for every 10,000 functional population;
10. one(1)nine hole golf facility for every 25,000 population and eighteen hole golf facility for every
50,000 functional population;
11. one(1)swimming pool for every 25,000 functional population; vie
12. one(1)boat ramp for every 5,000 functional population; q
13. one(1)mile bicycling for every 5,000 functional population;
14. one(1)acre of camping area for every 6,750 functional population;
15. 800 linear feet of non-boat fishing for every 5,650 functional population;
16. one(1)physical exercise course for every 15,000 functional population; and U
17. one(1)mile hiking/nature trails for every 6,750 functional population.
c�
Policy 1201.1.3
Monroe County shall periodically review and revise the level of service standards and advisory
Recreational Guidelines in policies 1201.1.1 and 1201.1.2 based on the most recent survey of community 0
preferences. 0
Objective 1201.2 X
Monroe County shall secure additional acreage for use and/or development of resource-based and activity-based
neighborhood and community parks consistent with the adopted level of service standards.
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Exhibit 1 Evaluation and Appraisal Review Amendments
Policy 1201.2.1 U)
Land required to eliminate existing deficiencies in neighborhood and community parks shall be made
available through one or a combination of the following mechanisms: 'a
1. development of park and recreation facilities on land which is already owned by the County but which
is not being used for park and recreation purposes; E
2. acquisition of new park sites on a limited basis;
3. interlocal agreements with the Monroe County School Board for use of existing school-based park A
facilities by county residents;
4. interlocal agreements with incorporated cities within Monroe County for use of existing city-owned
park facilities by county residents;
5. intergovernmental agreements with agencies of the state and federal governments for use of existing
publicly-owned lands or facilities by county residents; and
6. long-term lease arrangements or joint use agreements with private entities for use of private park g
facilities by county residents.
The same mechanisms shall be used for purposes of providing adequate land to satisfy the demand for parks W
and recreation facilities resulting from future residential development.
Monroe County shall not rely upon joint use facilities to eliminate existing deficiencies or meet future LOS 0
requirements until interlocal, intergovernmental, or private joint use agreements are executed which U)
demonstrate that the facilities will be available for general use to Monroe County residents to meet peak
season,weekend,or time of day recreation demands.
CL
Policy 1201.2.2 E
Monroe County shall continue to identify potential sites which could be used for the provision of park and U
recreation facilities.These shall include:
1. sites which could be used to correct or improve existing parks and recreation deficiencies; and
2. sites which could be used for development of future neighborhood and community parks to serve the
anticipated needs of the future population.
Candidate sites shall include neighborhood and community parks already owned by Monroe County and
sites as listed above in Policy 1201.2.1. MI
Policy 1201.2.3 U)
Priority shall be given to locating new neighborhood and community parks in communities which 0
demonstrate the greatest deficiencies in parks and recreation,pia Hua_a_ �p�auu� 1aupia-qua ible.
Policy 1201.2.4 �
In selecting sites for future activity-based neighborhood and community parks,Monroe County shall give R
priority to sites which have been previously disturbed or scarified. The County shall avoid acquiring sites
for activity-based parks which will result in potential disturbances to sensitive natural resources including
but not limited to:
1. high quality undisturbed pineland and hammock vegetation;
2. documented habitat of species designated as rare or endangered by the state and federal governments;
U
3. undisturbed beach/berm; and
4. undisturbed mangrove,salt marsh,buttonwood and freshwater wetlands.
When park sites are acquired which include sensitive natural resources, then the park plan (See Policy
1201.3.5 and 1201.3.7)and the park management plan(See Policy 1201.7.1 and 1201.7.2)shall designate
such areas for passive recreation and shall avoid potential adverse impacts of park development and use c
upon those resources.
X
Policy 1201.2.5
Funding for land acquisition for county-owned neighborhood and community parks shall be obtained from a
a combination of federal, State and local funding sources,including but not limited to:
1. Florida Recreation Development Assistance Program;
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Exhibit 1 Evaluation and Appraisal Review Amendments
2. Florida Forever;
3. Florida Communities Trust;
4. Land and Water Conservation Fund;
5. Urban Parks and Recreation Recovery Grants;
6. Federal Highway Administration National Scenic Byways Program;
7. local funds made available from fair share community park user and impact fees for growth-related
needs(paid pursuant to the Monroe County Land Development Code); and A
8. local funds as may be made available through special appropriation by the BOCC. @
C,
CL
Objective 1201.3
Monroe County shall make available adequate and accessible active recreation facilities at county-owned
resource-based and community-based neighborhood and community parks consistent with the adopted level of
service standards and the Recreational Guidelines. g
Policy 1201.3.1
Programming for active recreation facilities at neighborhood and community parks shall reflect the needs
and desires of residents living within the service areas of such parks. Public input into facilities
programming shall be solicited through neighborhood public participation programs designed to identify
local preferences for specific types of recreational facilities.
U)
Policy 1201.3.2
Priority shall be given to developing active recreation facilities at neighborhood and community parks
which are not currently served with such facilities,�al_0� ex nll"2l a �l1a"ulble. CL
E
Policy 1201.3.3 U
A park plan shall be completed for all new neighborhood and community parks within one (1) year
following the acquisition of real property or rights therein for purposes of outdoor recreation. Exceptions
shall occur when park plans are required as a condition of an intergovernmental agreement, interlocal
agreement,joint use agreement or long-term lease arrangement; in such instances the park plan shall be U)
prepared prior to acquisition of property rights to serve outdoor recreation.
U)
Policy 1201.3.4 MI
Park plans shall be consistent with the goals,objectives and policies established in the following:
1. the Monroe County Parks and Recreation Master Plan(upon its adoption by the BOCC); and U)
2. the Future Land Use and Conservation and Coastal Management Elements of the Monroe County U)
Comprehensive Plan. i9
Policy 1201.3.5 �
Park plans shall address the following issues:
1. public uses and facilities;
2. public access;
3. compatibility with adjacent land uses;
4. waterways [F.S. § 163.3177(6)(e)];
5. types of recreational uses;
6. protection of sensitive natural resources; and
7. restoration of disturbed lands.
c�
Policy 1201.3.6
For parks which include beaches and shoreline areas,park plans shall provide for the maintenance and/or
improvement of existing levels of beach and shore access, and be addressed in the parks and recreation c
management and maintenance plan. (See Conservation and Coastal Management Objective 214.1.1)
X
Policy 1201.3.7
Park plans shall be designed so as to avoid and/or mitigate adverse impacts of park use upon sensitive a
natural resources. Such areas include,but are not limited to the following: E
1. high quality undisturbed pineland and hammock vegetation;
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Exhibit 1 Evaluation and Appraisal Review Amendments
2. documented habitat of species designated as rare or endangered by the state and federal governments;
3. undisturbed beach/berm; and
4. undisturbed mangrove,salt marsh,buttonwood and freshwater wetlands.
Public use shall be directed away from or minimized in such areas through controlled access and limitations E
on permitted activities.
ra
2A
Policy 1201.3.8
Park plans shall: CL
1. identify areas of disturbed wetlands as potential wetlands mitigation sites;
2. include provisions for the removal of invasive,exotic vegetation; and
3. specify the use of native vegetation for landscaping and for restoration of areas from which invasive,
exotic vegetation is removed. g
Policy 1201.3.9
Monroe County shall continue to ensure access to publicly-owned recreation and open space areas and `j
accessible facilities, including beach and shoreline areas, for all Monroe County residents and visitors.,po
i➢ua i~pMpi gau ua�uaM:_ulble. EL
0
Objective 1201.4 U)
Monroe County shall implement an ongoing coordination program with community groups and commercial
enterprises owning private recreational facilities to make available such facilities for use by county residents.
[F.S. § 163.3177(6)(e)] C,
Policy 1201.4.1 U
Monroe County shall encourage the use of privately-owned parks and recreation facilities for public
recreation purposes.
Policy 1201.4.2 U)
Monroe County shall encourage, and provide planning assistance to, community groups and commercial
enterprises to develop and maintain private recreational facilities consistent with County guidelines.County
assistance efforts shall be directed to areas where: MI
1. there is an existing deficit of activity-based neighborhood and community parks; and
2. there are no future opportunities for public recreation sites. U)
U)
Objective 1201.5
Monroe County shall implement an ongoing coordination program with other city, state and federal
governmental agencies to make city,state and federally-owned parks and recreational facilities available for useI
by county residents. [F.S. § 163.3177(6)(e)] R
I
Policy 1201.5.1 C14
Monroe County shall enter into and/or maintain interlocal agreements, as necessary, with the Monroe
County School Board to provide for the use of school-based recreation areas by county residents when
students are not present. These agreements shall set forth responsibilities for maintenance, expansion and
operating hours at school-based facilities which will be made available for use by county residents, and U
shall be reviewed on an annual basis.
c�
Policy 1201.5.2
Monroe County shall continue to coordinate with State and federal entities for the potential use of State
and federal lands. c
0
Policy 1201.5.3 X
Monroe County will assist the Florida Keys Scenic Corridor Management entity and the Florida
Department of Transportation in the implementation of the Florida Keys Scenic Highway Corridor a
Management Plan. (Ord.No.022-2009) E
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Exhibit 1 Evaluation and Appraisal Review Amendments
U)
Objective 1201.6
13Y_ Q •`? m � lu� Ewa _ tau ku�a =�R ���pai� o- 1�lwa 2� i �� �i lug� w ➢ u;Monroe County shall update
and adopt a parks and recreation master plan.
Policy 1201.6.1
The Monroe County Parks and Recreation Master Plan shall update the following: A
1. inventory of recreation lands and facilities;
2. demand for recreation lands and facilities; CL
C'
3. level of service standards and recreational guidelines;
4. development and acquisition; 9=
5. public surveys;
6. public participation programs; and g
7. public access.
Objective 1201.7 W
Monroe County shall manage all park and recreation facilities for which it has assumed management
responsibility. CL
0
Policy 1201.7.1 U)
B _ Q � lui� a va .`) �a xr - u�a �➢ a; 4 pa�:i� u �t ➢ z 4 : 1 1u � v 114.to, Monroe County shall
prepare a Parks and Recreation Master Maintenance and Management Plan (MMP). The MMP shall
evaluate and incorporate,among other factors,the following: C,
1. Proper management techniques consistent with the updated Future Land Use, Recreation and Open E
Space and Conservation and Coastal Management Elements; U
2. Restoration of disturbed wetland areas;
3. The removal of exotic species;
4. Regular evaluation of recreation sites including planting and maintenance of native species;
5. Regular evaluation of recreation facilities including recreational equipment and amenities;and U)
6. General maintenance requirements and costs.
U)
Policy 1201.7.2 MI
The MMP shall include provisions to avoid and/or mitigate adverse impacts of park use upon sensitive
natural resources. Such areas include,but are not limited to the following: U)
1. high quality undisturbed pineland and hammock vegetation; 0
2. documented habitat of species designated as rare or endangered by the state and federal governments; 0
3. undisturbed beach/berm(particularly turtle nesting beaches); and
4. undisturbed mangrove,salt marsh,buttonwood and freshwater wetlands.
Public use shall be directed away from or minimized in such areas through controlled access and limitations
on permitted activities.
Policy 1201.7.3
For parks which include beaches and shoreline areas,the MMP shall provide for the maintenance and/or
improvement of existing levels of beach and shore access,�a_�ua
U
Policy 1201.7.4
The MMP shall include provisions for removal of invasive, exotic vegetation. (See Conservation and
Coastal Management Element Objective 210.1 and policies.) E
Policy 1201.7.5 0
The MMP shall specify the use of native vegetation for landscaping and for restoration of areas from which
invasive,exotic vegetation is removed. X
w
E
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Exhibit 1 Evaluation and Appraisal Review Amendments
3.13 - INTERGOVERNMENTAL COORDINATION
E
GOAL 1301
Monroe County shall promote and encourage intergovernmental coordination and collaboration between the County;
the municipalities of Key West,Key Colony Beach,Islamorada,Layton and Marathon;the Counties of Miami-Dade <
and Collier; regional, State, and federal governments; providers of utility services; and private entities in order to ra
anticipate and resolve present and future concerns and conflicts. [F.S. § 163.3177(6)(h)l.] A
Objective 1301.1
Monroe County shall establish or maintain coordination mechanisms to ensure that full consideration is given to
the impacts of development allowed by the Monroe County Comprehensive Plan upon the plans of adjacent
municipalities,adjacent counties of Miami-Dade and Collier,the region,the State and the federal governments,
as well as the impacts of those entities'plans on the County. [F.S. § 163.3177(4)(a),(6)(h)l.,3.a.,and b.] .2
Policy 1301.1.1
Monroe County shall coordinate with Miami-Dade County, Florida Department of Environmental
Protection (FDEP), and the South Florida Water Management District(SFWMD) on all land and water
management plans affecting Card Sound.
a�
Policy 1301.1.2 U+
Monroe County shall resolve conflicts with Broward,and Miami-Dade Counties,the municipalities of Key
West, Key Colony Beach, Marathon, Islamorada and Layton, and the State of Florida through the South
Florida Regional Planning Council's Regional Dispute Resolution Process (RDRP). [F.S. §
163.3177(6)(h)l.b.] t0
Policy 1301.1.3
Monroe County shall update as necessary,and maintain the interlocal agreement with Miami-Dade County _
providing for notification and review procedures in order to provide a mechanism for Monroe County E
comments on land use and regulatory issues concerning the potable water wellfield, aquifer, and aquifer C
recharge areas. [F.S. § 163.3177(6)(h)3.a.] M
U)
Policy 1301.1.4
Monroe County shall work cooperatively with the Florida Keys Aqueduct Authority(FKAA),the SFWMD
and Miami-Dade County to ensure the protection and availability of an adequate raw water supply to meet U)
Monroe County needs through 244-402040 from the Florida City wellfield. c
0
Policy 1301.1.5
Monroe County shall coordinate with the Community Services,Public Works and Planning offices of each
municipality within Monroe County regarding the following topics: vie
1. Land Use/Development Impact Review e°a
2. Transportation Management
3. Affordable Housing
4. Public Facilities
5. Public Safety U
6. Solid Waste(to include recycling)
7. Recreation and Open Space
8. Potable Water
9. Drainage
10. Natural Groundwater Aquifer Recharge 0
11. Conservation 0
12. Coastal Management
13. Permit Allocation
w
14. Hurricane Evacuation and Recovery [F.S. § 163.3177(6)(h)3.a.]
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Exhibit | Evaluation and Appraisal Review Amendments
Policy1301�.6
Monroe County will continue to coordinate with FKAAon the evaluation and appraisal oIthe Monroe
County Comprehensive Plan, adopted levels of service, annual public facility capacity unulyaia, water-
and �
the Consumptive Use Permit.
Policy13V1,1,7 —
-Monroe County shall establish u
complete list oIexisting and planned bVurgovuonn/oVul and interagency ugreunnoVa, which shall be
updated, ��
�
�
Policy13V1,1,8 c
Monroe County shall continue to participate wherever possible in 8FWMD planning and management �
activities. Monroe County shall continue to review and comment on 8FWMD'a proposed plans and
regulation un/ ndn/oVa. Monroe County shall also auok. Unnngh County Commission resolution, to
maintain equal representation on the 8FWMD Governing Board.
Policy13V1,1,9
Monroe County shall coordinate with the FKAA to confirm the availability of water supply prior to the CL
=
issuance oIu building permit. (0ni.No.022'20O9)
Policy13V1,1,1V
Monroe County shall maintain onbVcdocul agreement with the FKAA which ua*hliabua unnucbunimn
whereby the FKAA and the County identify the availability of water supply needed to serve existing and CL
new development within the Unincorporated Area,monitor the utilization of water supply,and implement
such alternative water supply projects, traditional water supply projects, conservation projects, and reuse L)
necessary to meet Monroe County'a water supply needs. (0ni.No. 022'2009)
Policy13V1,1,11
-Monroe County shall�%�ig���1
coonibnatuv/dbFVVCumioUoruppUcuhluuguncivatouncouruguhuatprucdcuatopnotuctnukoubuhdata �
�
in regards to commercial and recreational fishing gear and methods. m
llofic
|
OWjcorivc13V1'2 R
Through the adoption of one or more intergovernmental ugreunnoVa. Monroe County shall coordinate with |
�
nnodcipulidua and oUzer uppnopdu|u unddua in order to plan and/or implement programs to improve v/u|cr w
|
quality. R
�
Policy13V1,2,1
Monroe �
C abul n1b��u with other i �eDoll .
Wastewater treatment inspection/compliance
Florida Department of Environmental Protection
program for all OSDS,package plants,and
(FDEP)&Florida Department of Health(DOH)
Wastewater treatment plants
U.S.Coast Guard,Marine and Port Advisory
�
Subject Entity/Entities(or their designees)
Regulation and enforcement program for^live mu
aboard disposal system discharge Protection Agency(EPA),and incorporated
municipalities
Pugu16
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
........ ........ ........ ........ ........ ........ ........
Engineering study of drainage in the Florida
Keys SFWMD,FDEP
.
Interjurisdictional drainage facilities impacting Miami-Dade,Broward,Collier,Palm Beach, 0
0
on the Everglades and Florida Bay SFWMD,FDEP and ACOE E
d
,Nearshore and Florida Bay water quality SFWMD,EPA,FDEP,and Florida Keys National
monitoring program Marine Sanctuary(FKNMS)
Sanitary Wastewater/Stormwater Master Plan FKAA, SFWMD,FDEPCL
ICL
..............................................................................................................................................................................................................................................................................................................1
Water Quality and permitting issues related to
canal system aeration,backfilling,and FDEP,ACOE,NOAA,EPA
unplugging
0
Coordination of existing land management Nat'l Park Service, SFWMD,FDEP,FWC,Collier
problems affecting water quality and fisheries and Miami-Dade Counties
w
Objective 1301.3 ig
Level of service standards established by the Comprehensive Plan shall be reviewed with the entity actually
responsible for providing the facilities to ensure that adequate capacity is available to meet the needs of existing
and future residents. [F.S. § 163.3177(6)(h)3.b.] U)
a�
Policy 1301.3.1
When conflicts with other local governments arise,including but not limited to the following topics:
1. establishing when, how and which public facilities' LOS standards shall be measured across t0
jurisdictional lines;
2. evaluating the impact on levels of service caused by development within each jurisdiction,to ensure
concurrency,and to assess the development's impacts on land use;
3. allocating the relative proportions of future development;
4. establishing a system to monitor future development within the jurisdictions; and
5. mediating disputes between the jurisdictions regarding the allocation of future development.
U)
M
Monroe County shall initiate and utilize the South Florida Regional Planning Council's(SFRPC)Regional
Dispute Resolution Process(RDRP)to resolve conflicts. [F.S. § 163.3177(6)(h)l.b.] M
U)
U)
Policy 1301.3.2 0
0
Monroe County shall .uua a uau_u r; _uuu� _u ra� u_uuuu;n�uu�_u➢_a_a a u�juuu u�ua uuuuu� i➢u , a➢_u_uuu�r, a�u__fifforau ad,a�uu__ia!; �
e&ru u ;B-ids ulvllo-pa� na=� my ir¢a.a;k , consider the impacts of proposed developments on the LOS
standards of Hue ?uuflmy_,_adjacent local governments and the Counties of Miami-Dade and Collier.
vi
Policy 1301.3.3
As part of the planning process, Monroe County shall consider the impacts of projected development on
the comprehensive plans of incorporated communities within the County. [F.S. § 163.3177(6)(h)1.]
Policy 1301.3.4 U
u ➢uiu a (9 y,uu Quiff r�l wau1ia�i�u ui�� 1°hu ;Monroe County shall a auu a uu:u.naM aalcoordinate with Miami-
Dade County H➢ e Flo uil_u 1a uu_au_una_ti�alu �_u utu<,lautu u�n alli to evaluate the impact of development on levels
of service within one mile of County borders, and ensure concurrency and assess impacts on existing and CU
proposed land use.
Objective 1301.4 0
Establish or maintain coordination mechanisms to ensure transportation related programs, plans, and facility 1:
improvements are fully considered by the appropriate federal, State, regional or local agency. [F.S. § `j
163.3177(6)(h)3.b.]
a�
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Exhibit 1 Evaluation and Appraisal Review Amendments
Policy 1301.4.1 U)
Monroe County shall continue operating the Monroe County Transportation Disadvantaged Program and
coordinating the program with Key West Transit, and the Florida Department of Transportation. [F.S. §
163.3177(6)(h)3.b.]
Policy 1301.4.2
Monroe County shall coordinate with Miami-Dade Transit (MDT) and Key West Transit to better U)
coordinate transit service between Key West and Miami-Dade County.
CL
CL
Policy 1301.4.3
Monroe County shall coordinate development proposals for port and related facilities with the requirements
of the United States Army Corps of Engineers and the FDOT District Six Five-Year Transportation Plan �
as adopted. [F.S. § 163.3177(6)(h)3.b.] 2
Policy 1301.4.4
Monroe County shall coordinate port related improvements with Key West Transit(KWT)by designating `j
a member of the staff of the Planning Department to act as a liaison with KWT. [F.S. § 163.3177(6)(h)3.b.]
CL
Policy 1301.4.5 0
Monroe County shall coordinate all County-owned aviation or related facilities withthe plans of the Federal U)
Aviation Administration,military services,the Florida Department of Transportation 5-Year Plan,and the
Continuing Florida Aviation System Planning Process as adopted[F.S. § 163.3177(6)(h)3.b.] =
CL
Policy 1301.4.6 E
Monroe County shall maintain and update a master plan for each public airport pursuant to the rules of the U
Federal Aviation Administration.
a�
Policy 1301.4.7
Monroe County shall work with the FDOT and Federal Aviation Administration to secure airport U)
improvement grants.
U)
Policy 1301.4.8 MI
Monroe County shall coordinate with the cities of Key West and Marathon for the County to review land it%
development permit applications related to the Key West International Airport and the Florida Keys U)
Marathon Airport, as the County's Airport District Future Land Use e�uta_�:a s;uu uudunanu_mapplies to these U)
airports unuu _i➢_u _(auauu�y_➢uur u �u � _uuai➢uau_u�.y_a u_u➢➢_1uuunu-_ui9.a➢ua u�_auur. C9
Policy 1301.4.9I
Monroe County shall coordinate expansions and operation of the Key West airport with the U.S.Navy. R
I
Policy 1301.4.10
Monroe County shall continue to coordinate with the FDOT to ensure that U.S. 1 roadway capacity
improvements are placed on FDOT's District Six Five-Year Transportation Plan to reduce and maintain
hurricane evacuation clearance times to 24 hours. [F.S. § 163.3177(6)(h)3.b.]
U
Policy 1301.4.11
Monroe County shall coordinate with FDOT on future U.S.1 roadway projects as they relate to the existing
visions and goals of_�➢unr° ➢°➢_uuu_ulid-the Livable CommuniKeys Plans. I'e!oiuuoe_(,�� uuuu� _r llu a➢➢ a_l u��uuu„u�a�,,_7 u� u, E
���D���__ia� u�_��u��v �➢u�__u�aa�uunuunuuu��uiva�uar;_�vu�➢uuuu,_i➢u� _a_a�uun�a➢�����_�Q��p__�f __p__�u uuur;la��uuu�ua�uu_1�ur;��u__�°➢uuu_ia� dj
ttmualuu�ure'_a_aluuula1-ch nsiv soluu��ualuur;__�a _l�unlaa_ila, �n ffia'__ a _ _ta��uua_a,__q a u ,a_r;�la uu�_gaua lide_f r inte_uunoihil 0
Vra l➢ ➢o u,Ik n �Uu'➢�uV➢&" ,Ind ensure s+If V �_➢&"+➢�A&➢pu NA0.Q�&��➢u➢&➢p� Nu a&,";,", N➢ Q�V 'N��&� _V���➢pk��_� �� � �➢V�All V�u&�m as
1______ _ y y_____ _ _ _ _ _
J Vo a hi_�.a_y_.,
Policy 1301.4.12
Monroe County, will assist the designated corridor management entity and the FDOT to support the E
implementation of the Vision, Goals, Objectives and Strategies of the Florida Scenic Highway Corridor �
Page 17
Packet Pg. 3563
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
Master Plan and the recommendations of the Florida Scenic Highway Interpretive Master Plan. (Ord.No. U)
022-2009)
Policy 1301.4.13
Monroe County will assist the Florida Department of Environmental Protection (FDEP) and FDOT to E
support the implementation of the Florida Keys Overseas Heritage Trail Master Plan.(Ord.No.022-2009)
cu
A
Objective 1301.5
Ensure that implementation, monitoring, and evaluation of the Monroe County Comprehensive Plan is CL
coordinated with the plans and programs of:
The Land Authority of Monroe County
The Monroe County Property Appraiser's Office
The District School Board of Monroe County g
The Florida Department of Transportation
The South Florida Regional Planning Council
The South Florida Water Management District
The Florida Department of Environmental Protection
The Florida Keys Aqueduct Authority
The Florida Department of Health
The Monroe County Sheriffs Department
Monroe County Housing Authority
Key West Transit
Florida Department of Economic Opportunity C,
Naval Air Station-Key West[F.S. § 163.3177(6)(h)l.] E
U
Policy 1301.5.1 'a
Monroe County, in updating its drainage policies and ordinances, shall meet with the SFWMD to ensure
that the local regulatory framework is consistent with the planning objectives and regulations of the region.
[F.S. § 163.3177(6)(h)3.b.] U)
Policy 1301.5.2
Monroe County shall work with the County Housing Authority to encourage development of elderly and
institutional housing and identify funding sources for community-based non-profit organizations to provide
affordable housing for low-income residents. U)
U)
Policy 1301.5.3
Monroe County shall coordinate with the District School Board of Monroe County on the siting and
expansion of required facilities.
Policy 1301.5.4 'I
Monroe County shall,during the preparation of the Concurrency Management Report,coordinate with the
applicable municipalities and utility providers to determine the acreage and location of land needed to
accommodate projected service expansions. [F.S. § 163.3177(6)(h)1.]
Policy 1301.5.5
Monroe County shall,coordinate with hospitals in the County to ensure the availability of adequate land to
meet hospital expansion and improvement requirements.
Objective 1301.6
Monroe County shall implement mechanisms to identify and resolve intergovernmental coordination needs c
pertaining to environmental issues and natural resource protection.
X
Policy 1301.6.1
Monroe County shall continue to coordinate with applicable State agencies to promote utilization of C
reclaimed water storage systems and utilization for all exterior irrigation and flushing purposes.
c�
Page 17
Packet Pg. 3564
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
Policy 1301.6.2 U)
Monroe County, in coordination with FDEP and EPA representatives, shall review the annual air quality
monitoring data for Monroe County. Any violations of the NAAQS or trends in ambient air quality shall
be reported to the Board of County Commissioners.
Policy 1301.6.3
The County shall coordinate its upland habitat mapping and evaluation efforts with the U.S.Environmental U)
Protection Agency, U.S. Army Corps of Engineers, USFWS, FDEP, South Florida Water Management
District (SFWMD), Florida Fish and Wildlife Conservation Commission (FWC), and the National CL
Audubon Society(Research Department). <
Policy 1301.6.4
Monroe County shall coordinate its boating impacts management activities with those of the Florida Keys g
National Marine Sanctuary(FKNMS),jt! ➢_tiV the FDEP,the Coast Guard,and the USFWS.
Policy 1301.6.5 W
Monroe County shall work cooperatively with the USFWS, FKNMS, and the National Park Service to
promote their efforts for the recovery of plant species designated by the federal government as threatenedCL
and endangered.
U)
Policy 1301.6.6
Monroe County shall continue to support the FKNMS Management Program. This program includes
management strategies for the protection of living marine resources in the waters of the Florida Keys.The C,
County shall: E
1. participate in the updates or revisions of the management plan; t3
2. recommend updated management strategies;
3. review the updates to the management plan to assess the common goals and policies between the
FKNMS management plan and this comprehensive plan;
4. coordinate with NOAA and other appropriate agencies to minimize redundancy and increase
efficiency in the effort to accomplish common goals;and
5. enter into a memorandum of understanding,as necessary,with NOAA and/or other agencies to specify
which policies will be implemented by each agency. Monroe County shall implement those portions MI
of the FKNMS Management Plan:
a) which are consistent with the goals,objectives,and policies of this comprehensive plan; U)
b) which are within the County's jurisdiction; and U)
c) for which funding is available. i9
Policy 1301.6.7I
Monroe County shall coordinate with other applicable agencies and counties to address existing and
potential land management problems in the region which may affect the conservation,use and protection �I
of unique vegetative communities and species of special status on mainland Monroe County.
I
Policy 1301.6.8
Monroe County shall continue to implement the following species of special status identification and
protection programs in coordination and cooperation with all pertinent agencies and organizations, U
including but not limited to the following:
Coordination
Subject Entity/Entities
Prepare management guidelines for federally-designated wildlife species FDEP,FWC,and USFWS
0
Maintain a list of undesirable exotic wildlife populations FWC and USFWS
x
FDEP,The Nature
Identify probable concentrated range of wildlife species of special status Conservancy,FWC,and �
USFWS
E
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Page 17
Packet Pg. 3565
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
................................................................................... U)
Promote recovery of threatened and endangered species by coordinating
development review and protection FWC and USFWS
FDEP,National Audubon
Maintain the list of offshore island rookeries and nesting areas where Society,USFWS,NOAA,
development shall be prohibited and FWC
Maintain protection and habitat preservation measures to assist with
;recovery of the Eastern Indigo Snake,Key Deer,Key Largo Wood Rat, CL
Silver Rice Rat,Key Largo Cotton Mouse,Key Tree Cactus, Schaus USFWS and FWC
Swallowtail Butterfly, Stock Island Tree Snail,and the Lower Keys
Marsh Rabbit
Policy 1301.6.9
Monroe County shall work cooperatively with the FDEP and SFWMD to identify alternatives for adaptive
reclamation and productive reuse of resource extraction pits in the Florida Keys.
C
Policy 1301.6.10 L
Monroe County shall initiate discussions with the FKAA and providers of electricity and telephone service 0
a�
to assess the measures which could be taken to discourage extension of facilities and services to 2:
undeveloped Coastal Barrier Resource Systems(CBRS)units.
Policy 1301.6.11
CL
Monroe County shall coordinate with FDEP and encourage total acquisition of North Key Largo under the
Florida Forever Program. 0
U
Policy 1301.6.12
Monroe County shall continue to solicit comments from and offer comments to FDEP,NOAA, SFWMD,
USFWS, FWC, ACOE and DEO on permitting, planning,regulatory revisions, and other agency-related U)
issues. �
Policy 1301.6.13 MI
Monroe County shall encourage coordination with the appropriate agencies to develop a natural disasters
response plan pertaining to beach restoration and natural area clean-up.
U)
U)
Objective 1301.7
Monroe County shall continue to initiate the necessary interlocal coordination mechanisms to improve hurricane
evacuation times and assure the provision of an adequate number of shelter facilities for evacuating Monroe
I
County residents. �a
vi
I
Policy 1301.7.1
Pursuant to Rule 28-20.140 ➢_ ,i `i (ab q l-,Monroe County shall continue to coordinate and maintain the �I
memorandum of understanding(MOU)with the Department of Economic Opportunity(DEO),Division of
Emergency Management,Marathon,Islamorada,Key West, Key Colony Beach and Layton. The ex' ij'11; �d
MOU was executed by all parties and has an effective date of November 5,2012. U
Policy 1301.7.2
Monroe County shall consider developing a plan which will identify the appropriate agencies required for
coordination and funding of one Category 5 Emergency Operations Center(EOC),in each of the three EOC
districts. O
0
Policy 1301.7.3
Monroe County shall continue to coordinate with the Florida Division of Emergency Management, the W
South Florida Regional Planning Council,and Miami-Dade County to identify sufficient approved shelter
spaces(including pet-friendly shelters)outside of Monroe County for all county residents who will require
shelter from a Category 3 or greater hurricane.
c�
Page 17
Packet Pg. 3566
Exhibit | Evaluation and Appraisal Review Amendments
PWicyGmZ4
Monroe County shall��b��� —
bVurloculugruunnoVwitbMhund'DuduCountyumioUeruppnopdu|uugunciva
to provide sufficient additional approved spaces outside oI
��onnouCoun�capable oIv/d ��bakuxibC*cgory3orabnngcrburdcunuaumitbciruaaoci*cdaurgua�n C�
all county residents who will require shelter from u Category 3or greater hurricane. �
�
Policy13V1'7'5 '~
Monroe County shall continue to coordinate with the U.S.Coast Guard to identify areas of mutual concern
during a hurricane evacuation and identify the appropriate coordination mechanisms and procedures.
OWjcoCivc13V1,8 W
Monroe County shall bncruuau bVogovuonnunNl coordination efforts with the Department of Economic
Opportunity (DEO), the Florida Department of Environmental Protection (FDEP), the South Florida Regional CL
=
Planning Council (SFRPC), and the County's municipalities to develop and implement the most cost-effective
and environmentally sound methods of regional solid and hazardous waste management.
Policy13V1,8,1
Monroe County shall continue to negotiate an interlocal agreement with the Cities of,Key Colony Beach,
Marathon and Layton for the consolidated handling,processing and disposal of solid waste.
G0AL13x% ~-
Monroe County abulb�ruuau �� purbcip��noI�� cidzunaoI�� Coun� und �ovuonnuntrul*cdundtuaUz� m
~~ ' |
operate within the County in the comprehensive planning and growth management process.
OWjcoCivc13V2,1 0
Monroe County shall provide for and facilitate public participation and awareness in the comprehensive planning 0
�
process. Pursuant to Section 163.3181. F.8, Monroe County shall maintain procedures designed to provide c
effective public participation and to provide real property owners with notice of all official actions which will �|
regulate the use oI their property.
�n|
Policy13V2,1,1
Monroe County shall continue to utilize on information exchange program,including the full utilization oI
an updated mailing list,to provide for the communication of issues in summary fonn between the County
and all interested parties.
U
PoUoy13V2,1,2
Monroe County abul develop public owurunuaa of the Comprehensive Plan by providing for public
education programs designed to promote u widespread understanding of the Plxn'a puqmau and bVoV.
Further,the adopted comprehensive plan shall be maintained on the County website. �
0
Policy13V2'1'3 °~
Government and government related entities shall receive a copy of this comprehensive plan within six X
weeks after final approval hy the State Land Planning Agency. W
Pugu17
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
Policy 1302.1.4 U)
� lui� a u 4 p(- a = i �➢wa; :l pad�a a-ail �1 a ;,_ �: � �i B a; u � a A=°➢ao Monroe County shall a u_n_u a aafi u,
adop l--land development regulations creating a required community meeting to emphasize the importance
of citizen participation as early as possible in the planning and development review process.The following
shall be considered for inclusion: �E
• Applicants requesting a Major Conditional Use permit, development agreement, Land Use District
(Zoning) Map amendment, Land Use District(Zoning)Map Overlay amendment, or Future Land M
Use Map amendment shall provide for community participation.
• Between 45 and 120 days prior to any required public hearing(s) a community meeting shall be held
at a location close to the project site.
• This meeting shall be noticed to surrounding property owners and advertised by the applicant at least
10 days before the community meeting,in a newspaper of general circulation.
• The applicant shall pay the cost of the public notice and advertising for the community meeting. g
• This meeting shall be facilitated by a representative from the Monroe County Growth Management
Division and the applicant shall be present at the meeting.
Policy 1302.1.5
� lui� a u 4 p(- a = i �➢wa; :l p�i� o--apt �1u ;,_ �:#� �p B a; u � a Jllao, Monroe County shall iu_aiiaafi
CL
adop l land development regulations creating a required community meeting to emphasize the importance 0
of citizen participation as early as possible in the planning process.The following shall be considered for °U)
inclusion:
• Proposals by the County or a private applicant to amend the text of the Land Development Code and/or
Comprehensive Plan,with a county-wide impact, shall require a community meeting at least three
(:(m)months prior to any required public hearing. E
• A private applicant shall pay the cost of the public notice and advertising for the community meeting. U
• This meeting shall be noticed and advertised by the County at least 10 days before the community
meeting,in a newspaper of general circulation.
• This meeting shall be facilitated by a representative from the Monroe County Growth Management
Division and the applicant shall be present at the meeting. U)
Policy 1302.1.6 U)
--4 io-om 4 p(- a = i �➢wa; :l p�i� o--apt �1u ;,_ �:#� �p B a; u � a Jllao, Monroe County shall uu_-aiiaafiu
adopt---land development regulations requiring a private applicant submitting an application for an
amendment to the text of the Land Development Code and/or Comprehensive Plan to participate in a U)
concept meeting with the Planning and Environmental Resources Department.Private proposals to amend 0
the text of the Land Development Code and/or Comprehensive Plan, shall also require a public meeting 0
with the Board of County Commissioners to be held in Marathon whereby County staff will identify county-
wide policy impacts,based upon the concept meeting,for the Board of County Commissioners in a writtenI
document.This initial public meeting will allow the public to have input.A private applicant shall pay the
costs of the concept meeting and for the public notice and advertising required for the Board of County �I
Commissioners meeting.
I
Policy 1302.1.7
Pursuant to Section 163.3181,F.S.,if Monroe County denies a property owner's request for an amendment
to the Comprehensive Plan which is applicable to the property of the owner,Monroe County shall provide
an opportunity for informal mediation or other alternative dispute resolution.The costs of the mediation or
other alternative dispute resolution shall be borne equally by Monroe County and the property owner. If
the property owner requests mediation,the time for bringing a judicial action is tolled until the completion
of the mediation or 120 days,whichever is earlier.
0
X
c�
Page 17
Packet Pg. 3568
Exhibit | Evaluation and Appraisal Review Amendments
3.14 - CAPITAL IMPROVEMENTS
GOAL 1401
Monroe County shall provide and maintain, inutimely and efficient manner, *hx.p�a4e public facilities for both
existing and future populations, consistent with available financial resources and e other elements of � E
Comprehensive Plan.
. [F.S. § 163.3177(3)(u)]
OWjcoCivc14V1,1
Monroe County shall provide the capital improvements necessary to Ig�1!U&J1I,_connctuxjadng deficiencies,to
accommodate projected future growth, and to replace obsolete undv/om-ou1 foilidua, in accordance with on c
adopted Capital Improvements Program.
�F��� � |6���|77(�)(u)|�
Policy14V1,1,1 �
Monroe County shall update annually the existing County Capital Improvements Program to incorporate Ld
the improvements identified in the Five-Year Schedule of Capital |nqpnovumunh Table 4.1. [F.8. § g
163.3177(3)(u)5.(h)] CL
Policy14V1,1,2
Monroe County abul annually update the Comprehensive Plan Five-Year Schedule of Capital
|nqpnovunnoVa.Proposed revisions to the 8cbudulu,including those addressing the replacement and renewal
of capital facilities, shall be evaluated and updated in accordance with the following considerations (not CL
listed in order oIpdordy): 0
|. consistency with� mV ele
ments UubunaivuPlon� �~
2. the elimination oI public hazards;
3. consider sea level rise projections,as they relate to transportation and bridging projects in particular;
4. the County's need for financial expenditures for infrastructure improvements within or proximate to
vulnerable areas;
5. the elimination oI existing deficiencies;
6. financial feasibility including the impact on the annual operating and capital budgets; m
7. the location in relation to the Future Land Use Map; |
8. accommodation oI the demands from redevelopment and new development;
9. the consistency of the improvement relative to the plans of state agencies and the South Florida Water
Management m� �
~ C�
10. the availability oI other revenue sources including, but not Undtud to. FD0T Project funding and
FD0T Traffic Operations funds from District Dedicated Revenue(DDD)sources. c
|
Revisions to the schedule shall hu incorporated into the Capital Improvements Program onan annual basis. �
|
UF.S. § 163.3177(3)(a)5.(h)
w|
Policy14V1,1,3
Capital bnpn�vun/oVpn�udaruqn�udto correct ux�tb�� facility deficiencies abulur�vu priority over
.. . . . ~~.
those projects required to serve future development. UF.8. § 163.3177(3)(u)|j U
�
X
W
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
1
Five-Year Schedule of Capital Improvements Table
Fiscal Year 202?M-20 62
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Packet Pg. 3570
Exhibit I Evaluation and Appraisal Review Amendments
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Page 17R F 117
1 Packet Pg. 3571
Exhibit I Evaluation and Appraisal Review Amendments
..dpt w l30At5 Fr xozrz r,X.n �y zm Fy U-74 UnWedj T..I
Mai T-40 9_fio.Nb..
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................ ....... ...............��ME........................1AD6,015
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40n, S1.1,G. 40000 1 10010DO 125.GDG AUK
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U)10— ...............................
................. 0
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..............................— ........
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........................................................................................... 700,000 I 'a
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................................... ..........................................
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............... I
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.......................... .................. 750,W 1
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Page 170�f 117
1 Packet Pg. 3572
Exhibit I Evaluation and Appraisal Review Amendments
R'.J.�t �dp� �020 ff ZOU 1 202-1 FM7,074 1 U9OUnded TRW dM
Ol
1 retinal IWIWIG IMP-anwallU 2601DOO 26
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4W, no
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Page 18(1�f 117
1 Packet Pg. 3573
Exhibit I Evaluation and Appraisal Review Amendments
FY X" I FY 7,07,1 Kiffi rV 20.3 FY M74 UO-dH j 1M.1
Praimmt
AnOW
................ ,Sv. ��55
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Page 181 �f 117
1 Packet Pg. 3574
Exhibit I Evaluation and Appraisal Review Amendments
pr!e�t Budge! ��Oqfwlq FM WOM IPY 2123 U.Mnd.j I J-1 U)
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PlatiWe Water(PoNq 7011'iF
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Piroj ect Title Project Appropriated CL
Budget As of 9130/19 F
FM 2021 FY 2522 FY 2023 FY 2024 Totall
U)
�I c,r,d-aKe
KMW West All l ivofi,,'0.'IMS 49 ,000 0,0100,000 1 4,.3 6 4,0 GO 22,364,000 0
5-4—Be.,hHmadlSsnlriutkanflI Kplaw*M 1111d,000,000 14,000,(10() 18,1000,01M.) 15,000,000 50'0010'(3d7O ap
5Icck Wand RO 8 FKAy 01 8III ,1000,000 ,000,000 CL
GYAAy Kv�To,mrMql-Tq--4�Rpplg m p,k 840,000 3,360,000 4,200,000 E
ChewKal s wuwn l ovommen i%&oorvia Cky 7501,000 1,250,000 2,000,000 1 0
TOWAAW III 2,6701,000 13,350,006-70,680,000 26,700,000 U
9-nwn,ft-t,Wfifth.d 3,200,000 3,900,000 7,100,000
COUS N'Pr -.rt W4.m.I&M,4J 2,600m0 2,600,1000 0)
154tmmh Wr vi vviicrwjn U ne RLpl acernvit 420,0D0'172-0,000
R.'.fUq'It'A0. N"p—M, 3,870,0b00 3,870,1000 E
00,000
500, 00 W.aNW&'K-SVSI,.,�t N.No-K.y 00000 10 U)
N, 11 7,000JW 7,WO,000 M
--------WO
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Navy Pra�ects 2,000,000
U)
2,700,0�00
1600,000
Priority but Noo-Crkticaf FadiAtIes
U)
U)
TOW-FKAA 38,720,0010 46,350,0DO 33,044,0010 19,040,000 13,300,0100 140,454,000 0
Revenues-FKAA IIIIIIIII 38,720,000 36,350,000 33,044,000 19,040,000 13,300,000 140,454,000
--------------
Monim Contyprojec"
N.Iw,,40s
IIIIIIIII
CN
Total 38,720 )GO 36,3510,000 33,044A0I0 19,040,0100 13,300,000 1401,45,4,,000
0
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Page 181 �F 117
1 Packet Pg. 3575
Exhibit I Evaluation and Appraisal Review Amendments
U)
SON Wasti,(Poficv S01,11)
ProjqctTitle Pripicct Ap�pirop�dated E
'a
BUOSet Al of 91110119 FY 2020 FY 2021 FY,21022 FY 2023 FY Z024 ToW
..................
............... E
)
CL
CL
............. --------------------
........................................................................ ..........................
le
.2
>
............... ......................................... .................... ........................ W
CL
------------- 0
Project`ftfle Propect Appropriated >
Budget As of 9130/19 FY 2020 2022 FY 2023 FY 2024 Totall
ricaja KeygAquaducIt Authority
W-11VAM Pr%rarlr(C—KLI,0%-,KL�y awe 0—]U�
Cravel• L
E
Oloo 2,4OCoDOO 0
FKAA
U
Rew"un-FKAA 1,21 0,000 1,260,000 2,400,000
Morrae County Projects
WaAewater ups ride to county,Owned ractildes I3 U)
�A�047 222,047
amwaaains
Big Coppht Wastewater 672 712,000 712,OOD 712,0W 71Z,000 7111M 8I9M1000 U)
La,— I............
.............................
)
U)
nuck OV Wastewater Annuat 13,�07,767 35,000 —3s'00"U 35,()Uu 35,000 35,DOO 175,000
0
311 D-1,19eyWW
Cadjoa Reponat Wastewater$ys An 1811,348,169 2,746,871 1 225,814 225,,814 218,922 21:8,922 3,1516,343
Vi
Rq&ut ww Up1 I�..d Up A,—r—b
Ou'd g eG7 A, f 9130f 19 FY FFF02-4 Total
ZU21 Fi26ii
I�5,SIVIGrn.1,1,r4oild CN
Total Revenu
Long KaIkWa SUM W Annuao 870,532
...........
R—qW ..................... U
7.to1R1"c1v1,.111e-...C,oa t..y 3,473,871 y7z,SIla 972,814 96 ,1 2 965,922 1 7,3 3
Total 1 187 4,673,871 2,172,814 965,922 1 7).7 1 77
0
0
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Page 181�F 1117
1 Packet Pg. 3576
Exhibit | Evaluation and Appraisal Review Amendments
Project Title Project Apprapda�ed
Coontywide Drainage Push Button Contract 10,000 --_L36,042 646,012, E
CL
CL
Monroe County
Parks and Recreation(Pollcvlk�.!.I)
CL
SON 25,000
|
� Total 1,246,635
/ 0ni �o� 0O2�8}|7 , 8 |(B��� 4l, 4-|2-20|7� 0ni �o� 0U�8}20 , 8 L2-| =|
' - ' . -
M|
R
OWjcorivc14V1'2 w|
With the following exceptions,County public expenditures within the Coastal High Hazard Area(CHHA)shall
huUndt dto��ruakxudonorunkuncunnoVoInukou°resources expenditures
� .
existing development such as the n/ubVununcu or repair oIexisting bn6nabncturu, and expenditures nccuaamy U
for public health and safety: '
|. County public expenditures within the CRR/\may hu permitted where required to meet adopted level
of service akuxiunia or to maintain orreduce bunicunu evacuation clearance dmua and where no
feasible alternatives to siting the required foildJua within the CRRA exist.
2. County public expenditures within the CRR/\may hu permitted for Ig�1!U�1,.tiji.,.�._nqpnovunnoVaand 0
expansions to existing public facilities,which improvements or expansions are designed to minimize 0
g�11(gI2l_1�ldakoI damage from flooding. 17
X
w
Policy14V1'2'1
No County public expenditures shall be made for new or expanded public facilities in areas designated as
units of the Coastal Barrier Resources System,undisturbed saltmarsh and buttorwood wetlands,or offshore
Pugu18
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
islands not currently accessible by road, with the exception of expenditures for wastewater systems,
expenditures for conservation and parklands consistent with natural resource protection, and expenditures
necessary for public health and safety.
Objective 1401.3
Monroe County shall ensure that future development pays its proportionate share of the costs of improvements
necessary to serve new development at the adopted level of service standards. [F.S. § 163.3177(3)(a)3.]
A
Policy 1401.3.1 CL
Monroe County shall revise and update the Land Development Code to update the County's current
expenditure procedures and proportional share assessment of impact fees,in accordance with the adopted
levels of service referenced in Policy 1401.4.1. The revised Land Development Code shall also include
provisions for the collection of impact fees to offset the public costs of public facilities and services. g
Objective 1401.4
Monroe County shall coordinate land use decisions and fiscal resources with a schedule of capital improvements
in order to maintain the adopted level of service(LOS)standards for both issued development orders and future
development. [F.S. § 163.3177(3)(a)3.]
a�
Policy 1401.4.1 U)
Monroe County shall adopt and maintain level of service(LOS)standards for the following public facility
types: roads, sanitary sewer, solid waste, drainage, potable water, and parks and recreation. The LOS
standards are established in the following sections of the Comprehensive Plan: C,
1. The LOS for roads is established in Traffic Circulation Policies 301.1.1 and 301.1.2; E
2. The LOS for potable water is established in Potable Water Policy 701.1.1; U
3. The LOS for solid waste is established in Solid Waste Policy 801.1.1;
4. The LOS for sanitary sewer is established in Sanitary Sewer Policy 901.1.1;
5. The LOS for drainage is established in Drainage Policy 1001.1.1; and
6. The LOS for parks and recreation is established in Recreation and Open Space Policy 1201.1.1. U)
Policy 1401.4.2
Monroe County shall adopt a Capital Budget at the same time it adopts its Annual Operating Budget. TheI
Capital Budget shall include those projects necessary to maintain the adopted levels of service referenced
in Policy 1401.4.1. U)
U)
Policy 1401.4.3
To the extent allowed by Florida Statutes, Monroe County supports the use of tourist-related charges to
offset tourist-related impacts on public facilities.Monroe County supports the use of Tourist DevelopmentI
Council funds to provide public facilities that will serve both tourists and residents.
I
Policy 1401.4.4
Public facilities and services needed to support development shall be available in accordance with the
adopted levels of service referenced in Policy 1401.4.1.Development approval may be phased to allow the
provision of public facilities and services necessary to maintain the adopted levels of service.
U
Policy 1401.4.5
Monroe County hereby adopts a Concurrency Management System to ensure that facilities and services
needed to support development are available concurrent with the impact of development.The Concurrency E
Management System shall ensure that the County shall issue no development order or permit which results
in a reduction in the level of service(LOS)below the adopted LOS standards referenced in Policy 1401.4.1 c
for those public facilities that are subject to the system. The guidelines established in Policies 1401.4.6,
1401.4.7, 1401.4.8, 1401.4.9,and 1401.4.10 shall ensure that concurrency is successfully implemented. X
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Policy 1401.4.6
The following guidelines identify the stages in the development review process when the test for E
concurrency must be met.
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R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
1. Preliminary Development Order Stage-A preliminary development order is a development order that U)
C
precedes the issuance of a building permit, such as a subdivision plat, development plan,certificate
of compliance, conditional use permit, or development of regional impact development order. A
proposed development must receive a conditional concurrency determination prior to receiving a
preliminary development order.
2. Final Development Order Stage - A final development order is a building permit or any other
development permit authorizing the construction or expansion of a structure, an increase in U)
development intensity, or a change of use requiring a new certificate of occupancy. A proposed
development must receive a final concurrency determination prior to receiving a final development CL
order.
Policy 1401.4.7
The following guidelines identify the effect of a concurrency determination: g
1. A Conditional Concurrency Determination shall indicate that adequate public facilities are available
at the time the determination is issued,but shall not guarantee the adequacy or availability of public
facilities at subsequent stages of development review. `j
2. A Final Concurrency Determination shall indicate that adequate public facilities will be available at a
all subsequent stages of development stages of development review,subject to certain limitations such .2
as elapsed time and the payment of fees.
U)
Policy 1401.4.8
The following guidelines identify the minimum criteria necessary to meet the concurrency requirements of
each public facility type. C,
1. The concurrency requirements for potable water, solid waste, sanitary sewer, and drainage facilities E
and services shall be satisfied if one or more of the following conditions are met: U
a) the necessary facilities and services are in place at the time a development permit is issued;or
b) the necessary facilities and services are in place at the time a certificate of occupancy, or its
functional equivalent is issued.
2. The concurrency requirements for recreational facilities shall be satisfied if one or more of the U)
following conditions are met:
a) conditions 1(a)or 1(b)listed above or,in the case of acreage for parks and recreational facilities,
which shall be dedicated to or acquired by the County prior to issuance of a building permit,or MI
funds in the amount of the developer's fair share are committed no later than the approval to
commence construction;or U)
b) an enforceable development agreement guarantees that the necessary facilities and services will 0
be in place with the issuance of the applicable development permit.An enforceable development 0
agreement may include, but is not limited to, development agreements pursuant to section
163.3220,F.S.,or an agreement or development order issued pursuant to Chapter 380,F.S.
3. The concurrency requirements for roads shall be satisfied if one or more of the following conditions
are met:
a) conditions 1(a)or 1(b)listed above;or
b) a binding executed contract is in place at the time the development permit is issued which
provides for the commencement of the actual construction of the required facilities or provision
of services;or
c) an enforceable development agreement guarantees that the necessary facilities and services will U
be in place with the issuance of the applicable development permit.An enforceable development
agreement may include, but is not limited to, development agreements pursuant to Section
163.3220,F.S.,or an agreement or development order issued pursuant to Chapter 380,F.S. E
Policy 1401.4.9 0
The following guidelines identify the minimum components of the County's concurrency monitoring
system.
1. The County shall maintain a database of permitting data that includes the amount of development for
which final development orders have been issued, development for which final development orders C
have expired,development which is under construction,and development which has been constructed. E
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Packet Pg. 3579
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Exhibit 1 Evaluation and Appraisal Review Amendments
2. The County shall maintain a database of public facility data that includes the capacity of existing
public facilities, the additional capacity created by facility improvements, the impacts of existing
development,and the impacts anticipated due to committed development.
3. The County shall prepare a Public Facilities Capacity Report assessing the capacities of all public
facilities subject to the Concurrency Management System. The Concurrency Management Report E
shall be used to monitor changes in the capacity of public facilities and the levels of service provided
by the facilities based upon development activities and capital improvement projects completed. A
Policy 1401.4.10 CL
Monroe County shall use the following guidelines for interpreting and applying level of service standards
to development order applications. For the purposes of this policy,reserve capacity refers to the capacity
of existing public facilities plus the capacity of public facilities which do not exist but which meet the
applicable requirements of Policy 1401.4.7, less the existing demand for those facilities and the demand g
expected to be created for those facilities by approved but unbuilt development as determined by the
databases in Policy 1401.4.9.
1. Potable Water—The County shall not render a final concurrency determination unless the quantity of `j
water available under the FKAA Consumptive Use Permit meets or exceeds the estimated water
demand of the proposed development together with the estimated water demand of all existing andCL
committed development. 0
2. Solid Waste—The County shall not render a final concurrency determination unless capacity available °U)
at solid waste facilities under contract with Monroe County meets or exceeds the estimated daily solid
waste generation of the proposed development together with the estimated daily solid waste
generation of all existing and committed development for a period of three(3)years from development C,
approval. E
3. Sanitary Sewer—The County shall not render a final concurrency determination unless the proposed t3
development will be served by a treatment plant permitted by the FDEP with adequate reserve
capacity to accommodate the impact of the proposed development or an on-site sewage disposal
system permitted by the DOH.
4. Drainage—The County shall not render a final concurrency determination unless the proposed U)
development will be served by stormwater management facilities approved by the South Florida
Water Management District;or has received an individual construction permit or written authorization
to proceed pursuant to a general permit from the South Florida Water Management District. If the MI
proposed development requires a permit from the South Florida Water Management District, such
permit must be obtained prior to the final concurrency determination or the applicant's drainage plans U)
must be consistent with Monroe County's stormwater management requirements. 0
5. Parks—The County shall not render a final concurrency determination unless the park facilities either
in existence or programmed within the next year will meet or exceed the estimated park demand of
the proposed development together with the estimated park demand of all existing and committed
development. Within each impact area for park facilities,the County shall determine the population
capacity of both resource-based and activity-based facilities by multiplying the level of service
standard by the number of acres of existing or programmed parks.
6. Roads—The County will not render a final concurrency determination unless the estimated traffic
impacts of the proposed development,together with the estimated traffic impacts of all existing and
committed development,will not exceed the level of service of U.S. 1, as determined by the U.S. 1
Level of Service Task Force methodology. N wa ��ui ; � ; u � � uau-p.�¢ a a�� :lx ➢ � � witiu
1���1����=��1-by�lu�-�:1�=��a-➢a-�ia��•�:���w��1-a�u��-x-ia�-a� �� a-�u���➢1y a��.�:�-,la���1 u�n�-�lu��:l��l�����,7 -lR��;-��-sl�-����;�����u�na-���--�a�� �
l�r¢�fsa��;a-�1-�:i��-a=-➢a-�ia��na=���x�- -i�-➢-�-��-�rihr����a�����i���-u-r����=--��u=-1-0-��-shr��-���_��x��;-���u��.B�-���-��-�;���g����--f�°��-��i-➢��-1�������=;;b �
�;8���1�ba=--ii�-�������-��-�-4-1u�-�;�����-��a°-���-��i"_.1-6- .-_l_u�:n��w4-4i��°;�.4-➢-y-�-��:�l�a���a°�:1-�y�R��-�1�;=�-�➢� .�s�rn����-.
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Policy 1401.4.11
Annual debt service on Monroe County's direct debt shall not exceed the following annual median ratios X
for medium size counties published by Moody's Investment Services: w
1. debt to operating revenue;
2. debt to assessed valuation; and
3. debt per capita.
Page 18
Packet Pg. 3580
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Exhibit 1 Evaluation and Appraisal Review Amendments
Moody's Investment Services,a bond rating agency,publishes annual medians depicting local governments'
debt service as a percentage of population,operating revenue,and assessed valuation.
Policy 1401.4.12
Monroe County shall revise the Comprehensive Plan Five-Year Schedule of Capital Improvements and the E
County Capital Improvements Program annually to include funding for any improvements required to
provide for solid waste disposal after expiration of the current solid waste haul out contract (See Solid
Waste Objective 801.3 and related policies).
C,
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Policy 1401.4.13
Monroe County shall revise the Comprehensive Plan Five-Year Schedule of Capital Improvements and the
County Capital Improvements Program annually to include funding for the improvements identified in the
Sanitary Wastewater/Stormwater Management Master Plan. 2
Objective 1401.5
Monroe County shall provide public facilities sufficient to maintain adopted level of service standards that are w
within the ability of the County to fund,or within the County's authority to require others to provide.Evaluation
of funding alternatives for improvements identified in other plan elements will include consideration of CL
improvements required by existing versus future development in order to ensure a fair-share allocation of costs.
[F.S. § 163.3177(3)(a)] U)
Policy 1401.5.1 =
The estimated capital expenditures for all needed public facilities shall not exceed conservative estimates C,
of revenues from sources that are available to the County pursuant to current law,and which have not been
0
rejected by referendum,if referendum is required to enact a source of revenue. t3
Policy 1401.5.2
Monroe County shall not provide a public facility,nor shall it accept the provision of a public facility by
others,if it is unable to pay for the subsequent annual operating and maintenance costs of the facility. U)
Policy 1401.5.3 U)
Monroe County's Capital Improvements Program shall be monitored in conjunction with the developmentI
review process to ensure that the County is not required to construct improvements beyond its financial
capacity. U)
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Page 18
Packet Pg. 3581
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
3.15 — ENERGY AND CLIMATE
�Ia�� ��:���a: W, '„
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GOAL 1501
Monroe County shall coordinate with the municipalities of Key West, Key Colony Beach, Islamorada, Layton and
Marathon;regional,State,and federal government agencies,nongovernmental organizations and private organizations <
to exchange data and develop coordinated strategies to address energy conservation and impacts from climate change. ra
Objective 1501.1
Monroe County shall coordinate and collaborate with municipalities and other public and private entities to
d
address energy conservation strategies and unique climate change impacts,including adaptation and mitigation
strategies.
Policy 1501.1.1
Monroe County shall maintain existing mechanisms for a uC-exchange of ideas and data, and participate in 2
new forums, to facilitate comprehensive and coordinated strategies promoting energy conservation and >
addressing climate change impacts. 1"e!of—uuoe- ' l,---y__y t➢➢ a_atWiluuua_Ialseel<_<,u.nla aa�u_u__uii t uuuuu�utL'- sources W
uulaa ui _u�:r���ua➢uua�u ubjfi�,y_ta➢uuuuuuu_ul_e (Iuur;_uuua_anupal�u ui�_uueyv � u�_u r uu u_ui q ,all_iwifl_ulkl_➢<�al_i➢ua_ia�uauuty,_uuud c�
day<_ a_➢y_u_uuu:,_Duiu ur uu _a_D_rr;_uuy.
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Policy 1501.1.2 U)
Monroe County will participate in cooperative efforts, such as the Southeast Florida Regional Climate
Change Compact,in order to maximize t44' r-14, olalaituMo:lauuu�ua r�,_,to facilitate the exchange of ideas and data
and coordinate policies promoting energy conservation and climate change resilience. C'
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Policy 1501.1.3 U
Monroe County will continue to coordinate with,and seek the support of,other counties and State agencies
such as the South Florida Water Management District, South Florida Regional Planning Council, ttt(llkhi
Da ga uu uuuna uu�__(lu_➢ a yuu(lu nuua uu�_u_,t°u_go.':Doiu and ollelState partners, to ensure that the latest data and E
approaches to energy conservation and climate change resilience are available to the County. 9=
Policy 1501.1.4 U)
Monroe County shall seek the support of agencies, such as the National Oceanic and Atmospheric
Administration (NOAA), U.S. Geological Survey (USGS), Federal Emergency Management Agency M
(FEMA), the U.S. Department of Interior, the U.S. Army Corps of Engineers (ALOE), as well as U)
universities and not-for-profit organizations to coordinate support for updating,exchanging and analyzing
data regarding potential changes in climate change vulnerability.
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Policy 1501.1.5
Monroe County will support local and regional modeling and monitoring programs, as resources vi
did➢(lyvmpeu^n-4,to assure the most current locally specific data is considered in the 20 -Comprehensive Plan q
and Land Development Code updates. This may include but, is not be limited to,programs designed to 1
monitor surface water quality (including temperature), sea level rise,hydrologic and geologic conditions,
groundwater quality and levels,precipitation and groundwater withdrawals from resources that the County
depends upon (including those outside County lines). The County shall make such data available to the U
public.
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]'e oiuuo _,(ouauu� __slu a➢➢,_q.'.ol ulbo ui(_WJHi _�➢u __�Dl9a uu uuun uu� (uu__� a➢�➢u,_ ➢u(_�_V(lu u,�i u__� yr; e ( r Qluaui( _ _(luuirol
Du<,�u_ua_i_l_uu(_00le uul_uua__u r;_ia a_➢u uuu l:_uuu� l ur,r_, uunuuu ui _uuuu(uuun u�u(uu_rehi �l_ia---------. Mq�(iy uu_a_➢uuun_u� _uuai:,
]'e oluu(l�__(ouauuiy_"_;➢u a➢➢_r,�live i0 uuunlau(!1� _a➢uuun_u l_u(r;u➢ tD "y_uuu Hl buauVi_�uuvirguuuun(uu�__uuu w, d<;�vua�➢u_laua pa u_Qmy.
a,7wl ➢"±_V0 upuu(�erm uuu(tu_jl V� _u_sl_ uuVn�➢�, ➢Vn_➢p�_,V➢ VV k,➢ r, "+_u 4p➢ �Vp➢p(�➢➢;pk "±a,4p➢_Q_ ",_V➢pQ�➢�(�Vpu __V�V _V➢VnCYV;p➢_p�_GY;� E
l ua➢uu u_l ➢,_9.au_(la a uu r, ➢_uuDuuau,➢u( ua� ➢uD__(_ayuauuiy,
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Page 18
Packet Pg. 3582
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
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Objective 1501.2
Recognizing the critical role of Monroe County to promote awareness on energy and climate issues,the County
shall encourage collaborative intergovernmental practices that serve as a model for the municipalities and other
entities to reduce greenhouse as emissions GHGEs Y�Q�/®_ Y_ Q ur,_a aluinga uu a_� as u_ _ll ur a➢u a for('ouuuay
g g (GHGEs) <
Monroe County shall measure progress towards
achieving reductions ftu Q➢➢t_nF,s for its own facilities and operations every five years. M
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Policy 1501.2.1 CL
Monroe County shall promote the adoption of policies and strategies across all County departments to
reduce GHGEs and become more resilient to the impacts of climate change.Monroe County shall employ
such strategies as establishing video conferencing capabilities to allow residents and employees to
participate in meetings without having to drive long distances; evaluating the feasibility for installation of g
renewable energy systems on County owned facilities; and increasing the use of alternatively fueled
vehicles.
Policy 1501.2.2
u Yuiuu a u (i b ya=uu uui� a 4lua u�:lu ia��auuu apt a -2(Y � -uu l u � a o- i 1 ➢uu u;Monroe County shall uun uuuu uuuu_uuiu
uuau(uua_ _dir; uua a�a,�( _u( vuiafu a procurement policy that incorporates energy saving principles for its own 0)
buildings, facilities and services fga� uiyr_uunly q��__q�ir�uu�_a�uu_�uu�u�;Y__uuu��_�_u��u _a_"olur_ervall10 a uua��uiuuuu:_a�_uu °U)
2
Policy 1501.2.3 C,
Monroe County shall share information and technical data regarding the most efficient technologies to E
minimize GHGEs with other agencies and utilities operating within Monroe County. U
GOAL 1502
Monroe County shall incorporate the best available data and science, into its policy and planning decisions for
infrastructure, u_ua_ulll(ua<,_ail a uuna a ;a uua ua;<�, recognizing the uncertainty associated with long range climate change d iu d U)
r;a_uu,_�a u�a u_u<,,a�,_predictions. �
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Objective 1502.1 MI
In conjunction with future updates to the 2030 Comprehensive Plan and land development regulations, the
County shall update the data and assumptions related to climate change impacts oi�714)infrastructure based on the U)
latest scientific predictions and observed(monitored)impacts.Monroe County shall also consider climate change U)
impacts such as increased temperatures, sea level rise,potentially shifting habitat and ecosystem types and the 0
need to withstand increased storm surge in evaluating public infrastructure decisions.
I
Policy 1502.1.1
Priorto incorporating anew projectto the Capital Improvements Element,Monroe County shall assure that �I
it is reviewed for recommendations to increase resiliency and account for the impacts from climate change,
including but not limited to, sea level rise and storm surge. Monroe County shall evaluate financial gal
expenditures to fund repairs, reconditioning of deteriorating infrastructure and new infrastructure
improvements within or proximate to vulnerable areas to manage public investments appropriately.Monroe
County shall focus on level of service standards aiud_ultu uuua u_l_a.'.oms uluu(_q�mefiu-sjb!u_,-u(ugau_au(,iI , as-ome-of t3
Die points of analysis, to assure that infrastructure useful life and service expectations can be met in the
face of climate change impacts.
Policy 1502.1.2
In the capital improvements planning process infrastructure decisions shall consider the most energy c
efficient technologies available.This analysis shall include the useful life of the infrastructure and the cost
17
savings related to reduced energy needs,operations and maintenance saved from such efficiency goals.
Policy 1502.1.3
BY_2Q�2`?_ 114io, Monroe County shall E
identify actions to promote and support increased energy efficiency measures and the proportion of
Page 19
Packet Pg. 3583
Exhibit | Evaluation and Appraisal Review Amendments
electricity generated hy alternative and renewable energy,including,but not limited to solar,wind,hiohuela
and other sources. Monroe County shall incorporate these actions into its facilities and operations as well
ua its fleet.Monroe County shall coordinate with Florida Keys Electric Cooperative and Keys Energy.
Policy15V2'1'4 E
�
Within five(5)years -Monroe County shall���Zg��
-adaptation action areas(AAA).oru similar concept tohu defined hy the County,
which may include infrastructure �
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Pursuant to Chapter 163, F.S., AAA are
dmau mrua that experience couakd flooding due to extreme high tides and akum aurgu, and that are c
vulnerable to the related impacts of rising sea levels for the purpose of prioritizing funding for infrastructure '~
needs and adaptation planning.
Policy15V2'1'5 =
Monroe County shall
bdtu|u an inventory of existing and planned bdruabncturu up to the 2045.4A bodzon, huaud upon the
vulnerability mapping
for capacity{o accommodate projected sea-level rise over the life CL
expectancy oI that infrastructure. Monroe County shall identify the infrastructure within those areas, its
nauDul life and any retrofits or capital projects nccuaamy to udcbuaa the inqpuda of sea level dau. Tbuau L)
strategies may include defense, accommodation,orand projects,or not building planned
infrastructure in vulnerable locations,to address the impacts of sea level rise.Monroe County will consider
developing design criteria,in conjunction with uhrnudur uaad management planning process.
Policy15V2,1,6 �
�
Monroe County abul l&ifize, m
a planning, design and permitting standard for infrastructure and public facilities �|
Uokseey-_bck/dcs u auu level dau (5LR.J_uaaunqpdonoI " "
ua developed hy the Southeast Regional Climate Compact
County shall 0
qJiugueL1m-review and update auu level rise projections when new and pertinent data ia available. fqqle
�
- ' by--- '~based`''^--'- ``~~''''~ '' ~'~~~~ ~ ^ '--- ``~~'''~ ` ~`~'~'~~~`'''- to '- c
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Policy15V2,1,7 �n|
Monroe County shall ensure that new,renovated and replacement public facilities and infrastructure,such
|
as streets and bridges,water and wastewater treatment plants,police stations and fire stations,and any other �
public facilities that the County has authority over, are designed in u manner which considers the nauDul
life of public facilities and infrastructure.The County shall also consider the potential impacts from-Ilo-od.
IbsLcUn/at in
cluding sh
oreline L
inf
rastructure .�
public facilities.
Policy15V2,1,8
Monroe County abul exchange data regarding locally-specific vulnerable mrua and lumi use �
0abzkugiva4poUcivawdb�eF�dduDupu�n/oVoITrunapo���n.�eDupurbnoVoIT�unapm{��n
U.S.
�0
and the Federal Highway Administration relative to Deny, airport, trunad, hddgua and transportation
17
systems. X
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Policy15V2,1,9
Monroe County shall coordinate with appropriate agencies to monitor changes to minimum road elevation
atumiunia Or whichn/ay be Monroe County due to its unique
Pugu19
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
exposure to climate change and sea level rise impacts. This could also include enhanced stormwater
management requirements and resurfacing requirements for certain transportation segments.
Policy 1502.1.10
ui li � o li Monroe County
shalli q uu ,
u w land developmentregulations that address stormwater <
sea level rise impacts. To the extent practicable, Monroe County shall incorporate green infrastructure M
(11 i>i a uu_u] o i u i�a V1 e is l;(_4 a i�a uma;-r;�)_or passive alternatives that maximize land preservation over impervious
or "active" infrastructure. Such alternatives could include the reconditioning and reuse of septic tanks, CL
increased use of rainwater harvesting techniques, such as cisterns and other water storage techniques.
Monroe County shall determine if land development regulation amendments are needed to address
increased retention requirements and other topographic or infiltration considerations which may influence
stormwater management requirements.Monroe County shall also consider the ability to meet water quality g
requirements related to stormwater management regulations and if there are any impacts from climate
change that may jeopardize the County's ability to meet those requirements.
1&�auVi�uy lq ��� lq lq 1� �
1'e oluua��__(,ouuuuiy_r;➢u_1➢➢�_ suuul_I➢u ul i1(iga�__iivaluu gaua)li a�_1j�_r�ui�uu__iuu j,_iuu_i➢yr,ur;ur,_a a uar_,ur;� uu�,�uH➢ So,�uoiu 161 `_q_5 1
", l rrlrlaa )ar1a_rla aruQl_ ) �r_r1 �a r1.1rr _Gi a16iaa?_1lie c oas i%l;rlalQ aaiQa 1 11(uu➢M �r� __/_ ➢ _( _�Qw"°1
1, u_e I drlllra g_1_1,r(rlll_1a11r P(,Ld 1_Qw r1Q aa_ti_)11
i�M,.➢➢_i_Y_i_u_i_p_➢"_i,➢V➢&_", _��_.& i&l i�& Q lal /aem, c d Co s l (,oasni �i uuuS j&u�1u➢_u➢_�_a1_➢➢_ur,,_u➢_u�_u_�➢u_pu_"l�l,_,
..
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_ l - __ (_ _ __
l) uMrl1I Rise1111al,kkl �uuululuuu a1 �_ _ _ _ __ _ y ( _
slu'll� w0f➢p0 & ,
_ _ _ _ _,_ _ _ __ _ _ _
1 Joiu_il a.,.ol_ulbo uivaluu l uauty_gyluul_u_u�r,_`1u u_➢1�1➢uur,l__uuu1� uuaiu r u`Qa�a11 Jsl<,
GOAL 1503 U
Monroe County shall address energy u a 1so-uu a a;s and climate issues in the built environment by: encouraging green .,
development practices; reducing waste; enhancing transportation choices; and educating the community about the
need to reduce energy use and prepare for climate change impacts.
U)
Objective 1503.1
To address the impacts of GHGEs and climate change, Monroe County shall promote energy 11u uu� a aM<,11uuu u:aM
efficiency across all sectors of energy use the built environment.
Policy 1503.1.1
O y t County 0
Within five 5 ears-uift�u-�iii�_u��lu�u.i�-��-�au�-��t�1��;_z141:1��-�-�=u�uu"i.u�i „uu�,uv-a-._A�.Buiru, Monroe Coup shall a..aluu<;uu�a,um _
include u1'<1, u"u o+-c alau�a a,l_energy efficiency requirements into the Land Development Code as appropriate. 0
These practices may include climate change impacts as a factor in determining appropriate levels of
development in vulnerable areas.
Policy 1503.1.2 MI
Within seven(7)years uit� a �➢uu�ipa�i� o- t�➢u uuuipau B uo- lv ➢°�ri ,Monroe County may include climate
change impacts as a factor in determining appropriate levels of development. �a1
Policy 1503.1.3
u ➢ilui 4.`� la iuuik ulna a= lu°uuu�ulliuo- t Diu°; �111uuuiuuB uo-wla i-1°�ruu;Monroe County shall uu_nu_u(uui�uuui,_T€ Uthe Land Development Code to uuuo-.0 ui ,i; bicycle and pedestrian-friendly development uaq�lu,uuuau_una_11�r:; a0
luua.uauir;a, 4li-i-auu&Y-c_Iransportation options efficient and climate
resilient 1a�a➢altalu ua_u u�_ri_iuli i i.a uui .
Policy 1503.1.4 0
Monroe County shall review the most updated FEMA maps within one(1)year of their release and evaluate
17
floor elevation requirements,as necessary,for all new construction in vulnerable areas. X
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E
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Packet Pg. 3585
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Exhibit 1 Evaluation and Appraisal Review Amendments
Policy 1503.1.5 U)
Consistent with the Lower East Coast Regional Water Supply Plan,Monroe County shall encourage FKAA
to continue expanding water auditing programs to increase the scope of the audits and identify opportunities
to reduce system leaks and promote water conservation retrofitting.
Policy 1503.1.E
Within one 1year , Monroe County s a,.li M MMe r U)
U)
developuppyf policies to increase water conservation, which may include the adoption of au-u�uaialuu„��
recognized standard such as the South Florida Water Management District's"Water Star"or EPA's"Water CL
Sense"programs.
Policy 1503.1.7
u ➢u� i'uY a �•`l-yauk xtt � B1upa��auut 4i -24 #� 'u1u8 ;uu � a ➢ Duo-;Monroe County shall determine E
the appropriate climate change considerations(including but not limited to,emergency management,flood
risk, storm surge i-➢uueal. Io potable water supply, the potential for changing habitat and landscapes, the
need for shoreline stabilization and the potential impacts to infrastructure necessary to serve proposed uses) `j
to evaluate when reviewing land use amendments.
CL
Policy 1503.1.8 0
Within five (5)years+fter4e-adop Ii+)Ii~-o-a �➢u a-24 : - ;'�uuupau � „go- ova ➢ lu ,Monroe County shall develop a U)
shoreline stabilization strategy to protect and enhance the built and natural environments,_a,a 0ua_,exwlft
fpm uu_�ua_p,gflla�,, from erosion and sea level rise impacts prioritizing natural �uufp;�_pu moors, gyur;aupa,�u�uuua�r_pa. �r
fuuuu u,�raarauu��- fp � s..➢uu ;u.Monroe County shall assure shoreline stabilization strategies are found to be in C
the public interest in light of that area's vulnerability to climate change impacts.Monroe County shall also E
consider public access to beaches,minimizing adverse impacts to coastal processes and resources,impacts U
to neighboring properties, and the values and functions of beaches and coastal/marine systems,relative to
shoreline stabilization strategies.
Objective 1503.2 U)
Monroe County shall work cooperatively with municipalities and transportation agencies to identify and evaluate
transportation strategies to address energy and climate issues.
I
Policy 1503.2.1
Within aypna__�.�fYa_uu_uuv;(.`ap yarf� �=� lafp�uufu ip0: f n1 Rao- ivy 1°➢ur;,_Monroe County shall U)
evaluate the uu; up uuu =1 opportunities for additional <,afu�auuar: _p� pp.p � to reduce vehicle miles traveled U)
("VMT") by 2030 m_address_�uu�_ug y__uuup�_a_➢uuun issues as _t,2 uuunp2ua!Ve_iraf k,, 00W uuup reduua g, C9
aM:_apuuup,_r,�uauu. 1'e�olur��__Couauupy_ yvuH➢_ "f_ordjuuui�__,WJ0p _H➢ 1.101J� u__�D�pauuuuunsuui,_a�u �_uu_uur;paa�u_uui;ua�uu__uuuf�_i➢_ue �
uunuuuuua umpap u�ua ru_�ay_u aluu<jd a r,�u u�agpua<, ➢ufu_➢u_ r� p. up p::i could include offering a range of transportation I
choicesfuuu�.w-upva=➢apau ua=u� u u up;vu;Bulu ua-�a� pu�fp �p::� ufp �ualuu u_p�u�a_uuunpl-, a➢ -u_uupr;paalu_u uifauu_u_ua u��ua<i
incentivizing connectivity between differing modes of transportation to increase modal split and linking qI
residential and employment center land uses to reduce the need forsingle vehicle trips
s _uuup ei suua_sal y,
uuJfima uuu�eff uu � „ uuuuuvel �jHfiuu�➢ue Forklu �u
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Policy
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1503.2.2
Within five(5)years Monroe County shall determine
tppf-wl=uu uup fro-wa; A4 yuu publicly accessible locations appropriate for electric vehicle charging stations and
encourage a mix of alternative fuel sources such as electricity and biodiesel for vehicles. Monroe County
shall also encourage the inclusion of such charging stations in appropriate zoning categories. E
Policy 1503.2.3 0
Monroe County shall continue to coordinate with the City of Key West to increase ridership and reduce
wait times on the Lower Keys Shuttle with the goal of promoting energy conservation and reducing X
GHGEs.
E
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Page 19
Packet Pg. 3586
Exhibit | Evaluation and Appraisal Review Amendments
--------------------------
0Wjcorivc15V3'3
\�d th
e o�ucdvuoIhucon/b��n/oruruaU� Un/� d nu� ��
n\tocubnpuaundpn� bncv/green bx�ob Mon
roe C�
County abul promote public xwmrncaa of the relationship between energy ��_I�,�(g�c-e--conaurvation and
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addressing climate impacts and economic benefits derived from them. c
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Policy15V3,3,1
Monroe County shall work with the construction industry to uaauru input on green and energy efficiency
standards so that local contractors are informed and can participate in their implementation through
development, redevelopment and public infrastructure projects. The County will seek opportunities to W
partner with other local governments, umigWbm-agencies to implement this policy.
Policy15V3'3'2
onmu County abul�����
appropriate green building or climate resilient specifications into competitive bids which may
include sustainable building or green building code accredited individuals on design tuunm and
incorporation oI green building prucdcua, as uppnopd*c. for all projects relying upon County huxia. CL
Policy15V3'3'3
Monroe County shall
�flso seek ways to enhance sustainable business development opportunities focusing on sustainable tourism,
educational and institutional research-based tourism,green technologies and construction strategies. �
�
|
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OWjcorivc15V3'4
|n coordination with the next update to the County'a emergency management policies �
Monroe County shall coordinate with municipalities,the Florida Division of Emergency Management,
and other applicable agencies to further review and incorporate auu'luvuldau considerations and clbnu|u change.
Policy15V3'4'1 �
��onn�u�oun�abul�%�ig��J� 0
^~ �0
review its post-disaster redevelopment plan and land development regulations to include, as appropriate,
17
consideration of climate change impacts,repetitive loss structures and shoreline stabilization needs. X
W
Policy15V3'4'2
Incoordination with the next update to emergency management policies
Monroe County shall determine any impacts to hurricane evacuation timeframes exacerbated by a-�L-47L'
Pugu19
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
s a.s a ,;iso-sea-level rise b-y-,244.40 on transportation facilities_his e uapa uu i➢u _paua a�_a qua uas jdei iifi d—JIu [101u,amy,
GOAL 1504
Monroe County shall further protect natural systems and habitats by incorporating climate adaptation and mitigation
strategies in its land acquisition policies.This goal will include consideration of the need to address natural resource
protection and restoration requirements, the likelihood of natural resource impacts such as shifting habitats from a
rising sea,potential threats and loss of marine ecosystems and habitat, ecosystem-based approaches to exotic species
and vegetation management and the need to protect,manage and restore native habitat. CL
Objective 1504.1
Within five(5)years sst& s=4i °; sl pad a u apt 4i °; 4: spas lug-.s ,s a A ➢asu;the County shall d -era fiu� au__u���juiva lus.d
a➢u uuua�,r, uu a_uia;,a spa sj_�asasx�a�;its land acquisition and preservation policies to considerthe climate change-related g
values of natural areas for sequestering carbon and providing climate adaptation and mitigation benefits such as
the resource's strategic capacity to absorb floodwaters and address coastal ecosystem migration.
Policy 1504.1.1 C
Within five (5) years ssft: s �8 a s l�spa�is s t �1u z 4 :�- ::'s ls�=8 s vs l�s ;-Monroe County shall identify .2
and evaluate natural resources, including coastal and marine environmental, resources that may be 0
vulnerable to climate change impacts and consider mitigation and adaptation management strategies to °U)
address those vulnerabilities.
a�
Policy 1504.1.2 C,
Within five (5)years Monroe County shall determine if any additional or E
revised land acquisition or land development regulations are needed to implement land acquisition or U
preservation programs that prioritize the benefits gained from protecting and enhancing natural lands in
mitigating the impacts of erosion of shorelines. Monroe County shall encourage the state and federal
government to acquire lands which provide natural resource protection for listed species and which address
natural resource impacts such as shifting habitats from a rising sea. U)
Policy 1504.1.3
Recognizing the unique impacts that climate change has on the County's reef system,primarily warming MI
ocean temperatures, ocean acidification and changes in marine estuaries and brackish systems affecting
juvenile species, Florida's reef fish and invertebrate populations and associated fisheries,Monroe County U)
shall coordinate on an ongoing basis with Federal, state,regional and research agencies and organizations 0
responsible for monitoring impacts to coral reefs. Monroe County shall work with these agencies to 0
implement land-based strategies to mitigate those impacts such as minimizing sedimentation,storm water
runoff, and other water quality impacts to the Florida reef system. The County will also participate inI
updates to existing programs and strategies (e.g. Florida Keys National Marine Sanctuary Water Quality
Protection Program and the existing marine protected areas in the Florida Reef System)to optimize their �I
effectiveness and make them more robust in the context of creating resilience to climate change.
I
Policy 1504.1.4
In coordination with relevant agencies,including the Florida Keys National Marine Sanctuary,the County
will contribute to and participate in the development and implementation of a marine zoning plan(s) or U
other appropriate tool(s)which incorporate resilience-based concepts to provide maximum protection for
all reef types and associated habitats in the Florida Reef System with consideration of the connectivity
between reefs and their associated nursery habitats. E
Policy 1504.1.5 0
Within five (5)years-sifts s i4i mssv-e.-Nio1, Monroe County shall consider
revising its natural resource restoration policies based on identification of vulnerable areas to encourage X
planting and proper long-term maintenance of native flora throughout the County. This will include,but w
not be limited to, a review of current County buffer requirements within the Land Development Code to C
encourage a balance of trees, understory, shrubs, and groundcover, reducing pea-rock and turf grass on E
rights-of-way whenever possible and utilizing native ground cover,plants,and trees.
Page 19
Packet Pg. 3588
Exhibit I Evaluation and Appraisal Review Amendments
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Page 196�f 117
1 Packet Pg. 3589
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
GLOSSARY
General
If definitions sought are not within this section, the County shall utilize the adopted definitions of its LDC and,
secondly,refer to the Florida Statutes. If a definition is not provided in these documents,the County shall utilize the E
term as commonly used.
2A
Acronyms
0.
CL
ACSC: Area of Critical State Concern
AWT: Advanced Wastewater Treatment
BOCC: Monroe County Board of County Commissioners
CHHA: Coastal High Hazard Area
CBRS: Coastal Barrier Resources System w
DEO: Department of Economic Opportunity
CL
............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................�
DNL. Day/Night Average Sound Level
U)
DOH: Florida Department of Health
DU: Dwelling Unit CL
E
EPA: Environmental Protection Agency
t3
FAR: Floor Area Ratio
i FDEP: Florida Department of Environmental Protection
U)
FDOT: Florida Department of Transportation
P P
FEMA: Federal Emergency Management Agency
FKAA: Florida Keys Aqueduct Authority '
FKNMS: Florida Keys National Marine Sanctuary
FLUM: Future Land Use Map
FWC: Florida Fish and Wildlife Conservation Commission
GHGEs: Greenhouse Gas Emissions
.
HUD: U.S.Department of Housing and Urban Development CN�
KEYWEP: Keys Wetland Evaluation Procedure
LDC: Land Development Code
LOS: Level of Service
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LPA: Local PlanningAgency
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MHWL: Mean High Water Line
0
MIAL Military Installation Area of Impact
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MLWL: Mean Low Water Line
Mi
MMP: a ntenance and Management Plan
E
c�
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Packet Pg. 3590
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
........
;NASKW: Naval Air Station Key West
a�
,NOAA: National Oceanic and Atmospheric Administration
NROGO: Nonresidential Rate of Growth Ordinance
E
OSDS: On-Site Sewage Disposal System
C
ROGO: Rate of Growth Ordinance CL
CL
ROSPA: Recreation and Open Space Planning Area
ROW: Right of Way
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
SFWMD: South Florida Water Management District E
TDR: Transferable Development Rights
TRE: Transfer of ROGO Exemption
UKROSPA: Upper Keys Recreation and Open Space Planning AreaCL
.
;USAGE: United States Army Corps of Engineers
U)
USFWS: United States Fish and Wildlife Service
CL
0
Defined Terms U
A
Abandoned means the voluntary discontinuation of a use.When the use of a property has ceased and the property U)
has been vacant for 18 months,abandonment of use will be presumed unless the owner can show that a diligent effort
has been made to sell,rent,or use the property for a legally permissible use. This excludes temporary or short-term U)
interruptions to a use or activity during periods of remodeling,maintaining,or otherwise improving or rearranging a MI
facility,or during normal periods of vacation or seasonal closure.
U)
Accessory Use or Accessory Structure means a use or structure that: 0 u
(1)Is subordinate to and serves an existing principal use or principal structure; and
(2)Is subordinate in area, extent and purpose to an existing principal use or principal structure served(for this
definition docks,pools,pool decks,driveways are excluded from total area); and
(3)Contributes to the comfort,convenience or necessity of occupants of the principal use or principal structure
served; and
(4)Is located on the same lot/parcel or on a lot/parcel that is under the same ownership as the lot/parcel on which
the principal use or principal structure is located; and �a
(5) Is located on the same lot/parcel or on a contiguous lot/parcel as an existing principal use or principal
structure,excluding accessory docking facilities that may be permitted on adjacent lots/parcels pursuant to
section 118-12 of the County's LDC; and t3
(6)Is located in the same land use(zoning)district as the principal use or principal structure, excluding off-site
parking facilities pursuant to section 114-67 of the County's LDC; and.
(7)Accessory uses/structures shall not include secondary dwelling units or lock-out units or any other habitable E
structures that are occupied by a separate and independent household.
0
0
Active Recreation means recreational uses that require facilities or facility types such as, but not limited to:
athletic fields;buildings or structures for recreational activities, concessions,or festivals; fitness courses;playing or �
courts;playgrounds;dog play areas;or bike paths. ..
E
c�
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Packet Pg. 3591
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
Adaptation Action Area or Adaptation Area means an area prioritized for adaptation planning because it is
subject to coastal flooding due to extreme high tides and/or storm surge, and that is vulnerable to the related impacts
of rising sea levels.This term is used herein for the purpose of prioritizing adaptation planning.
Adjacent means land sharing a boundary with another parcel of land at one or more points of intersection. An
intervening road,right-of-way or easement shall not destroy the adjacency of the two parcels,except for U.S. 1.
A
Administrative Relief means actions taken by the County granting the owner of real property relief from the
continued application of the rate of growth ordinance restrictions provided they meet the criteria established in the CL
Land Development Code.
Affordable Housing means residential dwelling units that meet the following requirements:
a. Meet all applicable requirements of the United States Department of Housing and Urban Development g
minimum property standards as to room sizes, fixtures, landscaping and building materials, when not in
conflict with applicable laws of the County; and
b. Have a sale price or rental amount that is within the financial means of County households, as defined in
the Land Development Code; and
c. Meet the income requirements,as defined in the Land Development Code.
Agriculture means the science and art of production of plants and animals useful to humans, including to a U)
variable extent the preparation of these products for human use, and includes aquaculture,horticulture, floriculture,
viticulture, mariculture/aquaculture, forestry, dairy, livestock, poultry, and any and all forms of farm products and
farm production.
E
Airport means any area of land or water, or any manmade object or facility located thereon,which is used, or U
intended for use, for the landing and takeoff of aircraft, and any appurtenant areas that are used,or intended for use,
for airport buildings or other airport facilities or rights-of-way,together with all airport buildings and facilities located
thereon.There are both public and private airports,which are differentiated as follows:
(a) A public airport is publicly or privately owned,meets minimum safety and service standards,and is open U)
for use by the public; and
(b) A private airport is publicly or privately owned, and is available for use by invitation of the licensee.
Services may be provided if authorized by the Florida Department of Transportation. I
Amendment means any action of the County which has the effect of amending, adding to, deleting from or U)
changing an adopted comprehensive plan element or map or map series,including an action affecting a prior plan or 0
plan amendment adoption ordinance, but shall not mean a legislative act which only codifies County legislation or 0
makes corrections,updates and modifications of the capital improvements element concerning costs,revenue sources,
acceptance of facilities or facility construction dates consistent with the plan. I
Archaeological Resource means a place and/or material remains where remnants of a past culture or societyI
survive in a physical context.
I
Arterial Road means a route providing service which is relatively continuous and of relatively high traffic
volume,long average trip length,high operating speed,and high mobility importance.U.S.l is an arterial road.
U
Available (as applied to a publically-owned or investor-owned sewerage system), means that the sewerage 0
system is capable of being connected to the plumbing of an establishment or residence,is not under a department of
environmental protection moratorium, and has adequate permitted capacity to accept the sewage to be generated by E
the establishment or residence.
0
B
X
Beach means the zone of unconsolidated material that extends landward from the mean low water line to the
place where there is marked change in material or physiographic form,or to the line of permanent vegetation,usually a
the effective limit of storm waves. 'Beach," as used in the Conservation and Coastal Management element,is limited
to oceanic and estuarine shorelines.
c�
Page 19
Packet Pg. 3592
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
U)
Beach Berm means a bare, sandy shoreline with a mound or ridge of unconsolidated sand that is immediately
landward of, and usually parallel to,the shoreline and beach. The sand is calcareous material that is the remains of
marine organisms such as corals, algae and mollusks. The berm may include forested, coastal ridges and may be
colonized by hammock vegetation. E
Beekeeping means the raising,caring for,and breeding of honeybees at an apiary site.
Beneficial Use means the use of property that allows an owner to derive a benefit or profit in the exercise of a CL
basic property right.
Bird Rookery means a communal nesting ground for gregarious birds.
Boat Barn means a structure enclosing and/or covering boat storage racks with a roof and one or more sides and
used for the storage of vessels and associated equipment not associated with retail sales of boats. Boat barns within
marinas may be considered as the principal building or structure,but the marina remains the principal use. `j
C
Buffer/Bufferyard means a land area of specified minimum width, together with required planting and CL
landscaping consisting of native vegetation or other species included on an approved species list used to visibly 0
separate one use from another,or to shield or block noise,lights,or other nuisances.A bufferyard may also contain a °U)
barrier such as a berm,wall,or fence,designed to provide screening.
Buildable Acre means the upland portion of a parcel that is not required open space.Also referred to as Buildable C,
Area. E
U
Building means a structure that is located on land or water and which can be used for housing, business, .,
commercial,agricultural,storage or office purposes,either temporarily or permanently.
Built Environment means all structures and spaces that are created or modified by people,including utilities and U)
transportation systems.
U)
C MI
Cactus Hammock means a low hammock with understories and/or ground covers with an abundance of cacti of U)
the genera Optunia and Cereus. Common species in cactus hammocks include Barbed Wire Cactus (Cereus 0
pentagonus)and Prickly Pear Cactus(Optunia stricta var.dillenii).Rare species include Tree Cactus(Cereus robinii) 0
and Prickly Apple Cactus(Cereus gracilis).
I
Campground means any parcel of land,whether improved or unimproved,used for tent camping,including pop-
ups,for tenancies of less than six months. I
Canal means a manmade trench,the bottom of which is normally covered by water with the upper edges of its
sides normally above water.
Capital Budget means the portion of the County's budget which reflects capital improvements scheduled for a
a�
fiscal year. c�
Capital Improvement means the physical assets constructed or purchased to provide,improve or replace a public
facility and which are large scale and high in cost. The cost of a capital improvement is generally nonrecurring and
may require multi-year financing. Physical assets which have been identified as existing or projected needs in the c
individual comprehensive plan elements are capital improvements.
X
Carrying Capacity means the level of use which can be accommodated and continued without irreversible
impairment and degradation of natural resource productivity, the ecosystem, or the quality of air, land, or water C
resources.
c�
Page 20
Packet Pg. 3593
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
Certificate of Occupancy means the written certification issued by the County that a building is ready for
occupancy for its intended use.A setup or tie-down permit issued for a mobile home shall be considered a Certificate
of Occupancy for the purposes of this article.
Channel means a trench,the bottom of which is normally covered entirely by water,with the upper edges of its
sides normally below water.
ra
2A
Coastal High Hazard Area (CHHA) means the area below the elevation of the Category 1 storm surge line as
established by a Sea,Lake,and Overland Surges from Hurricanes(SLOSH)computerized storm surge model. CL
d
Collector Road means a roadway providing service which is of relatively moderate traffic volume,moderate trip
length, and moderate operating speed. Collector roads collect and distribute traffic between local roads and arterial
roads. g
Commercial Recreation means a use designed and equipped for the conduct of sports and leisure-time activities
(indoor and outdoor),operated as a business. W
C
Commercial Apartment means an attached or detached residential dwelling unit, located on the same parcel of _
P g
land as a nonresidential use, that is intended to serve as permanent housing for the owner or employees of that 0
nonresidential use.The term does not include a tourist housing use or vacation rental use. °U)
Commercial Fishing means the catching, landing, processing and/or packaging of seafood for commercial
purposes;the storage,mooring and docking of commercial fishing vessels and/or the manufacture,assembly,repair, C,
maintenance and storage of traps and other commercial fishing equipment; and the term includes charter boat uses E
and sport diving uses. U
Commercial Retail Use means an occupation or service providing primarily for the sale of consumer goods, 0
products,merchandise or services.
U)
Community Center means a defined geographic development focal area as identified within each of the Livable
CommuniKeys Plans.
I
Community Character means the image and perception of a community as defined by the recognizable natural it%
and built landmarks,boundaries and features that provide a sense of place and orientation and the interrelationship of U)
all these characteristics. 0
C9
Compatibility means a condition in which land uses or conditions can coexist in relative proximity to each other
in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly byI
another use or condition.
I
Comprehensive Plan means the compilation of goals,objectives,policies,and maps for the physical,social,and
economic development within the County,adopted by ordinance pursuant to Chapter 163,Part II,Florida Statutes,as gal
amended and containing all statutorily-required elements.
Concept Meeting means a meeting a private applicant must attend with the Planning and Environmental U
Resources Department with the submission of an application for amendment to the text of the Land Development
Code and/or Comprehensive Plan to explain and identify county-wide policy impacts for the Board of County
Commissioners and the public.
Concurrency means that the necessary public facilities and services to maintain the adopted level of service c
standards are available when the impacts of development occur.
X
Concurrency Management System means the procedures and/or process that the County will utilize to assure that
development orders and permits are not issued unless the necessary facilities and services are available concurrent
with the impacts of development.
c�
Page 20
Packet Pg. 3594
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
Contiguous means a sharing of a common border at more than a single point of intersection. Contiguity is not U)
C
interrupted by utility easements.
County means,as used in this comprehensive plan,unincorporated Monroe County,Florida.
D
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2A
De Minimis Traffic Impact means an impact that would have a minimal or very minor effect upon the adopted
levels of service. CL
Density means an objective measurement of the magnitude of residential use on a site.Density is measured and
expressed as the number of dwelling units/rooms/spaces per acre of upland.
Density,Allocated means the number of dwelling units or rooms/spaces which may be permitted to be developed
per gross acre of upland without the use of Transferable Development Rights(TDRs).
Density, Maximum Net means the maximum number of dwelling units or rooms/spaces which may be permitted
to be developed per buildable acre,with the use of Transferable Development Rights(TDRs)or for affordable housing. CL
0
Detention means the temporary delay of stormwater runoff by a structure, for water quantity and quality
improvements,prior to discharge into receiving waters.
Developed Area means an area with significant site improvements, such as utility installations,paving, and the C,
construction of one or more structures has occurred. E
U
Development means the carrying out of any building activity or mining operation,the making of any material
change in the use or appearance of any structure or land,or the dividing of land into three or more parcels. 0
The following activities or uses shall be taken for the purposes of this Comprehensive Plan to involve"development,"
as defined in this glossary:
a)A reconstruction,alteration of the size,or material change in the external appearance of a structure on land.
b)A change in the intensity of use of land,such as an increase in the number of dwelling units in a structure or MI
on land or a material increase in the number of businesses,manufacturing establishments,offices,or dwelling it%
units in a structure or on land. U)
c) Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any "coastal 0
construction" as defined in Section 161.021,F.S. 0
d)Commencement of drilling,except to obtain soil samples,mining,or excavation on a parcel of land.
e)Demolition of a structure.
f)Clearing of land as an adjunct of construction.
g)Deposit of refuse,solid or liquid waste,or fill on a parcel of land. �I
The following operations or uses shall not be taken for the purpose of this Comprehensive Plan to involve
"development" as defined in this glossary:
a) Work by a highway or road agency or railroad company for the maintenance or improvement of a road or
railroad track,if the work is carried out on land within the boundaries of the right-of-way.
b)Work by any utility and other persons engaged in the distribution or transmission of gas,electricity,or water,
for the purpose of inspecting,repairing,renewing ➢u<,➢ued a u h s_a�u__w Ly__a u_a_atu ul�la r!,or constructing
on established rights-of-way alt'_�al_ a ,ar;�_u ➢u<,ua� _u u:u�r; au y:y au _gm:au a u�laltr any sewers, mains, pipes, E
cables,utility tunnels, power lines, towers,poles, tracks, or the like. This provision conveys no property
interest and does not eliminate any applicable notice requirements to affected land owners. c
c)Work for the maintenance,renewal, improvement,or alteration of any structure,if the work affects only the
interior or the color of the structure or the decoration of the exterior of the structure. X
d)The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment
of the dwelling.
e)The use of any land for the purpose of growing plants,crops,trees,and other agricultural or forestry products;
raising livestock;or for other agricultural purposes.
Page 20
Packet Pg. 3595
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Exhibit 1 Evaluation and Appraisal Review Amendments
f)A change in use of land or structure from a use within a category specified in an ordinance or rule to another
use in the same category.
g)A change in the ownership or form of ownership of any parcel or structure.
h) The creation or termination of rights of access, riparian rights, easements, diso buulionu__uuiln _pu uuu<,uunjssjo n, C
gM'.L n ud�ajjM,covenants concerning development of land,or other rights in land. �E
76
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<ulill Ali gpu� idsthe_conle._ 'de.a_j liuun yni _,refers_ i )fin _<u )g�ff_�f a �d liuu 1 �dr_� n _,d abuu�k_ ff d _ _, luu�n yni_,llt ff_ue unc'e,to
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uu _r;ga a_uuua_a pa u_uina uu_ur,uga� uuui uui d�is uun uuu_i➢u ui_�➢u _alga u,u-------- - iv-----u�y,�➢uduu_a uu_u_a�u_a��➢u�_u_a�ga�a -i----- a-u__u-iu,--u�_u 2_"
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ur,_no i evela)gauuna, a lln�_u_ u�uua�_�a�_9.auuuua_ua➢_iu a�paueu_ui;u,a�u_us IIs_uaa��_uuuiu�uu,n�d��_ia�➢nlunui_i➢u�_�d_uu u_i➢,u��_a�u_i➢uur;_�f uuuauium
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Development Order means an order granting, denying, or granting with conditions an application for a
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development permit. E
Development Permit means any building permit, plat approval, conditional use permit, subdivision approval,
rezoning,variance, special exception,or any other official action of Monroe County having the effect of permitting `j
the development of land.
CL
Disturbed Land means land that manifests signs of environmental disturbance that has had an observable effect 0)
on the structure and function of the natural community. U)
Disturbed Salt Marsh and Buttonwood Wetlands means salt marsh or buttonwood wetland habitat with �
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environmental disturbance that has had an observable effect on the structure and function of the natural community.
Drainage Facilities means a system of man-made structures designed to collect, convey, hold, divert, or U
discharge stormwater,and includes stormwater sewer,canals,detention structures,and retention structures.
Dredging means excavation below water level or in wetlands.
U)
Ductless air conditioning means a system used to cool a structure that does not require duct work and consists
of two separate components: an outdoor condenser, and an indoor evaporator (does not include a window air
conditioner which is self-contained,or one piece). MI
Dune means a mound, bluff, or ridge of loose sediment, usually sand-sized sediment, lying landward of the U)
beach and deposited by any wind or ocean current or artificial mechanism. 0
0
Dwelling Unit means one or more rooms physically arranged for occupancy by one household sharing common
living, a kitchen (cooking), and bathroom facilities. Dwelling units shall not include additional dwelling units,
secondary dwelling units, lock-out units, or any other habitable structures that create a separate independent living R
area that are occupied by a separate and independent household, without an additional ROGO allocation or ROGO
exemption. In reviewing development proposals for dwelling units, to ensure lock-out units or any other habitable
structures that create a separate independent living area are not created,the proposal shall comply with the following:
Bldg. Lockable Unlockable U
type Separates Internal Internal Full Wet FullB Half B Allowed'
Entrance Connection a Connections Kitchen Bar Bath Bath
X NA NA X - X - NO _
X NA NA X - - X NO
ACC. X NA NA - X X - NO
0
X NA NA - X - X NO
X NA NA - - X - YES 10
X X - X - X - NO
ADD. X X - - X X - NO
E
X11 X - - X X - YES 10
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Exhibit 1 Evaluation and Appraisal Review Amendments
X X - - X - X NO
X11 X - - X - X YES to
X X - - - X - YES io
X X - - - - X YES io
X - - X X - YES io
X - X - X - NO
X - - - X X - NO
CL
X - X X - X - NO CL
X - X - X X - NO
X - X - X - X YES io
X - X - - X - YES E
- X - X - YES
X X X - NO y
1. General Note: Not all-possible project design options are shown. As a rule of thumb, if an option allows W
a full kitchen,then a wet bar is also permitted in place of or in addition to a full kitchen; or, if an
option allows a full bath,then a half bath is also permitted in place of or in addition to a full bath. CL
2. ACC. =Attached or unattached accessory addition to principal structure with no internal connection to the
structure.May also be considered a lock-out unit. U)
ADD. = Addition to principal structure with an internal connection to principal structure. May also be
considered a lock-out unit. '
3. A separate entrance is any entrance including sliding glass doors. A special exception may be made if the C'
entrance is into an enclosed courtyard or pool area. The separate entrance shall not create lock-out units, t0
secondary dwelling units, guest units, dormitory or any other habitable structures that create a separate
independent living area.
4.A lockable internal connection exists when either household can lock out the other party.
5.An unlockable internal connection exists when one party cannot exclude the other party. An open wall is an E
U)
unlockable internal connection. A door or doorway is not an unlockable internal connection. To be an
unlockable internal connection,the cased opening must be 42 inches or more in width.
6.A full kitchen is any food preparation facility larger than a wet bar. Plumbing'stub outs'shall be considered U)
a kitchen.
7.A wet bar is a food or drink preparation area limited to a total counter surface area of 16 square feet(including M
a sink with design limitations of one bin and limited to one(1) square foot in size)with electricity limited U)
to 110 volt service. 0
8.A full bath contains,at a minimum,a sink,toilet and bath or shower. A half bath,at a maximum,may contain
a toilet and a sink.
9.YES=development proposal/design may be approved.
NO=development proposal/design shall not be approved. vie
10.Requires a restrictive covenant limiting the dwelling unit to occupancy by a single household serving only
as a permanent residential unit.Proposal cannot create lock-out units,secondary dwelling units,guest units,
dormitory or any other habitable structures that create a separate independent living area occupied by a
separate and independent household.
11. Limited to a separate entrance on a single family detached dwelling unit into an enclosed backyard, U
courtyard or pool area of the residence. The separate entrance shall not create lock-out units, secondary
dwelling units, guest units, dormitory or any other habitable structures that create a separate independent
living area. �
E
0
Easement means a grant of one or more of the property rights by the property owner to and/or for the use by the T"
public,the County,a public or private utility,a corporation,or another person or entity. x
Element means a major division or chapter of the comprehensive plan. The required elements, per Florida
Statutes, are: Future Land Use,Transportation(including Traffic Circulation,Mass Transit, and Ports,Aviation and E
c�
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Exhibit 1 Evaluation and Appraisal Review Amendments
Related Facilities sub-elements),Infrastructure(including Sanitary Sewer,Solid Waste,Drainage,Potable Water,and U)
C
Natural Groundwater Aquifer Recharge sub-elements), Conservation, Coastal Management, Recreation and Open
Space,Housing,Intergovernmental Coordination,and Capital Improvements.
Environmentally Sensitive Lands means areas of native habitat requiring special management attention to protect E
important fish and wildlife resources and other natural systems or processes.Environmentally sensitive lands typically
include wetlands and other surface waters,tropical hardwood hammocks and pinelands.
A
For the purposes of the Tier Overlay District(Policy 105.2.1)Environmentally Sensitive Lands means areas of native
upland habitat(hammock and pinelands).
Expansion of Nonconforming Use means extending a nonconforming use to occupy a greater amount of area
beyond that which it occupied on the date the use became nonconforming. g
F
Floodplain means any land area susceptible to being inundated by flood waters from any source. (FEMA
definition)
a�
Floor Area means the sum of the gross horizontal areas of each story of a building,measured from the exterior
walls or from the centerline of party walls,including the floor area of accessory uses and of accessory buildings and
structures.
CL
Floor Area Ratio (FAR) means a measurement of the intensity of building development on a site. A floor area E
ratio is the relationship between the gross floor area on a site and the gross upland area. The FAR is calculated by 0
adding together the gross floor areas of all buildings on the site and dividing by the gross upland area.For example,
the FAR of a 10,000 total square foot structure on a one acre upland site equals: 10,000 square feet-43,560 square
feet(1 acre)=a FAR of 0.23.
U)
Future Land Use Map(FLU10 means a graphic representation of the land use categories used in the County and
their placement on the land adopted as part of the comprehensive plan and used as the regulatory map for
implementation of the comprehensive plan and land development regulations. I
G U)
U)
Goal means the long-term end toward which programs or activities are ultimately directed.
Grade means the highest natural elevation of the ground surface,prior to construction,next to the proposed wallsI
of a structure,or the crown or curb of the nearest road directly adjacent to the structure,whichever is higher.
I
Gray water reuse means reusing wastewater from residential, commercial and industrial bathroom sinks,bath
tub shower drains,and clothes washing equipment drains for reuse onsite,typically for toilet flushing.
Greenhouse Gas Emissions (GHGEs) means those emissions regulated under the Kyoto Protocol, including:
carbon dioxide (CO2),methane (CH4),nitrous oxide (N2O),hydrofluorocarbons (HFCs),perfluorocarbons (PFCs),
and sulfur hexafluoride(SF6).Direct GHGEs are emissions from sources that are owned or controlled by the reporting
entity such as energy use for the electricity generation by utilities. Indirect GHGEs are emissions that are a
consequence of the activities of the reporting entity,but occur at sources owned or controlled by another entity.
Green Infrastructure means strategically planned and managed networks of natural lands,working landscapes c
and other open spaces that conserve ecosystem values and functions and provide associated benefits to human
populations. X
H
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Exhibit 1 Evaluation and Appraisal Review Amendments
Habitable Space means any structure equipped for human habitation such as,but not limited to,office,workshop,
kitchen, dining, living, laundry, bathroom, bedroom, den, family or recreational room; professional studio or
commercial occupancy including all interior hallways, corridors, stairways and foyers connecting these areas.
Garages,exterior stairs and open decks and patios are not considered habitable structures.
Hazardous Waste (or Materials) means solid waste which,because of its quantity, concentration, or physical,
chemical,or infectious characteristics,may pose a substantial present or potential hazard to human health and safety ra
or to the environment when improperly transported,disposed of,stored,treated,or otherwise managed.
CL
CL
Height means the vertical distance between grade and the highest part of any structure, including mechanical
equipment,but excluding the following: spires and/or steeples on structures used for institutional and/or public uses
only; chimneys; radio and/or television antenna; flagpoles; solar apparatus; utility poles and/or transmission towers;
and certain antenna supporting structures with attached antenna and/or collocations as permitted in the Land g
Development Code. However, in no event shall any of the exclusions enumerated in this definition be construed to
permit any habitable or usable space to exceed the maximum height limitation. In the case of airport districts, the
height limitations therein shall be absolute and the exclusions enumerated in this definition shall not apply. `j
a
Historic, Cultural or Archaeological Landmark means a structure, district, or site designated by BOCC
Resolution as a historically, architecturally, or archaeologically significant landmark on the Florida Keys Historic 0
Register. °U)
Historical Resource means a structure,district,or site listed on the Florida Master Site File,the National Register
of Historic Places,or designated by the BOCC as a local Historic or Archaeological Landmark.
E
Historically Significant Housing means a dwelling unit that is designated as a local historic, cultural and/or U
archaeological landmark on the Florida Keys Historic Register,or is listed on the National Register of Historic Places.
a�
Hotel/Motel means a building containing individual units for the purpose of providing overnight lodging
facilities for periods not exceeding 30 days to the general public for compensation with or without meals,and which U)
has common facilities for reservations and cleaning services, combined utilities and on-site management and
reception.
I
Household means all the people who occupy a dwelling unit.
U)
Household Income means all wages, assets,regular cash or noncash contributions or gifts from persons outside 0
the household, and such other resources and benefits as may be determined to be income by the United States
Department of Housing and Urban Development,adjusted for family size,less deductions allowable under Section 62
of the Internal Revenue Code.Also known as Adjusted Gross Income. I
c1i
Immediate Vicinity means a distance of less than 5 miles.
Impact Fee means charges assessed against new development or redevelopment which partially or wholly cover
the cost of providing capital facilities needed to serve the development. U
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Impervious Surface means a surface that does not allow,or minimally allows,the penetration of water;examples
include building roofs,concrete and asphalt pavements,set pavers,and some fine-grained soils,such as clays. E
Industrial Use means a use devoted to the manufacture, warehousing, assembly, packaging, processing, c
fabrication, storage or distribution of goods and materials whether new or used or the substantial refinishing,repair
17
and/or rebuilding of vehicles or boats.
Infrastructure means those man-made structures which service the common needs of the population, such as:
sewage disposal systems; potable water systems and wells; solid waste disposal sites or retention areas; stormwater E
c�
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Packet Pg. 3599
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Exhibit 1 Evaluation and Appraisal Review Amendments
systems; utilities; piers; docks; wharves; breakwaters; bulkheads; seawalls; bulwarks; revetments; causeways;
marinas;navigation channels;bridges; and roadways.
Institutional-Residential Use means temporary or permanent housing associated with an institutional 0
organization, such as a group home, foster care facility, convent,nursing facility, student housing, life care/elderly �E
housing,or scientific research facility.
ra
2A
Institutional Use means a use that serves the religious,educational,cultural, scientific,research, social service,
or health needs of the community,including,but not limited to,educational and scientific research facilities that serve CL
the region and day care and preschool facilities.
Intensity means an objective measurement of the magnitude of nonresidential use on a site.Intensity is measured
and expressed as a floor area ratio (FAR)(see definition of Floor Area Ratio). g
K
Keys Wetland Evaluation Procedure(KEYWEP) means a specific wetlands evaluation procedure developed for C
wetlands in the Florida Keys. It includes a scoring procedure used to determine wetland mitigation requirements. It .2
was developed as part of the Advanced Identification of Wetlands Program.
U)
Kitchen means any food preparation area larger than a wet bar,intended or designed to be used for cooking or
the preparation of food. The presence of a range, oven, utility connections suitable for servicing a range or oven,
and/or plumbing"stub-outs,"shall be considered as establishing a kitchen. C,
L U
Land means the earth, at or below the surface that lies above high tide for lands subject to tidal inundation and
mean high water for freshwater bodies of water.
U)
Land Development Code (LDC) means ordinances enacted by the County for the regulation of any aspect of
development as defined herein.
I
Level of,Service means an indicator or the extent or degree of service provided by,or proposed to be provided it'
by a facility based on and related to the operational characteristics of the facility.Level of service indicates the capacity U)
per unit of demand for each public facility. U)
C9
Live-Aboard Vessel means
(a) Any vessel used solely as a residence and not for navigation; I
(b) Any vessel represented as a place of business or a professional or other commercial enterprise;or
(c) Any vessel for which a declaration of domicile has been filed pursuant to section 222.17,F.S. �I
A commercial fishing boat is expressly excluded from the term live-aboard vessel.Live-aboard vessels are expressly
excluded from the allocation system,as the vessels do not occupy a distinct location,and therefore cannot be accounted
for in the County's hurricane evacuation model. Under no circumstances shall a vessel or associated wet slips be
transferred upland or converted to a dwelling unit of any other type.Vessels or associated wet slips are not considered
ROGO allocation awards,and may not be used as the basis for any type of ROGO exemption or TRE. U
c�
Local Planning Agency means the agency designated to prepare a comprehensive plan or plan amendment
pursuant to the Community Planning Act. (aka:Planning Commission) E
Lock-out unit means any structure or room or group of rooms or portion of a single family or multi-family c
dwelling or transient unit which creates a separate independent living area which can be accessed and locked or keyed
separately from the principal entry to a residential dwelling unit or transient unit. Lock-out units create a separate X
independent living area/habitable space,which shall be considered a unit(dwelling unit and/or transient unit)which W
requires an additional ROGO allocation or ROGO exemption and will be counted as a full unit(dwelling unit and/or a
transient unit)when computing the allowable density on a site. E
c�
Page 20
Packet Pg. 3600
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
Low Impact Development (LID) means an approach to land development that works with nature to manage
stormwater as close to its source as possible using various land planning and design practices and technologies. Some
common LID practices include:
• Vegetated swales,buffers and strips
• Permeable pavers
• Green roofs
• Rain gardens and bioretention A
• Tree or natural area preservation
• Rain gardens,rain barrels or cisterns 0.
• In-ground infiltration and storage
• Green build programs such as Florida Water Star sM
M
Maintenance Dredging means the removal of shoaling and/or sedimentation in channels, basins, canals, and
harbors necessary to return such areas to their previous configurations,dimensions and depths.Maintenance dredging `j
is subject to specific conditions and limitations(e.g.,natural resource restrictions and dredged spoil disposal methods).
CL
Major Trip Generator means facilities generating over two thousand(2,000)trips per day.
U)
Marina means a facility for the storage,launching and mooring of vessels and/or live-aboard vessels,together
with accessory retail and/or service uses, including but not limited to commercial retail,restaurants, vessel rentals,
charter vessels, vessel repair, sport diving operations, and the provision of fuel. The term marina does not include C,
docks accessory to a land-based dwelling unit limited to the use of owners or occupants of the dwelling unit. E
U
Marine Educational/Research Facility means a building or place that provides marine education and research .,
services,including,but not limited to,classrooms,libraries,auditoriums,laboratories,museums,ocean energy or coral
reef management test sites,and dockage.
U)
Mitigation (as related to wetlands) means a wetland enhancement, restoration, creation and/or preservation
project that serves to offset unavoidable wetland impacts associated with development. U)
I
Mitigation(as related to climate change) means an intervention to reduce the causes of changes in climate,such
as reducing emissions of greenhouse gases in the atmosphere. U)
U)
Mobile Home means a structure,transportable in one or more sections,which is 8 body feet or more in width
and over 35 feet in length and which is built on an integral chassis and designed to be used as a dwelling when
connected to the required utilities. Expandable recreational vehicles,known as "park models," designed and built asI
permanent residences,are considered mobile homes as well.
M
I
N Ci
I
Native Upland Vegetation/Habitat(also Upland Native Vegetation/Habitat) means native plant species, either
new growth or mature,occurring within native upland plant communities including pinelands,cactus hammocks,palm
hammocks or tropical hardwood hammocks. Within pineland habitats,the dominant canopy consists of slash pines
(Pious elliotti var.densa).Many of the species include:
Native Upland Vegetation/Habitat Species
Common Name Scientific Name/Species Habitat 0
Bahama Nightshade Solanum bahamense------------------------------------- Hardwood Hammock c
Big Pine partridge pea; Florida Keys senna;
ke cassia Cassia keyensis Pinelands W
y
as
Black Bead Pithecellobium guadalupense Hardwood Hammock
c�
Page 20
Packet Pg. 3601
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
U)
Black Ironwood Krugiodendron ferreum Hardwood Hammock
Black Torch Erithalis fruticosa Hardwood Hammock E
Blodgett's silverbush Argythamnia blodgettii Pinelands
Buttonwood Conocarpus erectus Hardwood Hammock
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Cockspur Pisonia rotund ata Hardwood Hammock
Crabwood,,,,,,,, Gymnanthes lucida.......................................................................... Hardwood Hammock,,,,,,,,,,,,,,,,,,,,,,,,,
CL
J
Darling Plum Reynosia septeWrionalis Hardwood Hammock
Everglades Velvetseed Guettarda elliptica Hardwood Hammock g
P y hus pentaph h llant yllys var. 2
Florida five-petalled leafflower Pinelands M
floridanus w
Florida Keys noseburn Tragia saxicola Pinelands
CL
Chamaesyce deltoidea var. a)
Florida Keys wedge sandmat ser llum Pinelands ,�
Py U)
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Pinelands, hammocks, sand �
Garber's spurge; Garber's sandmat Chamaesyce garberi dunes 2
Gumbo Limbo Bursera simaruba Hardwood Hammock
Indigo Berry Randia aculeata Hardwood Hammock
Jamaican Dogwood Piscidia piscipula Hardwood Hammock
U)
Chamaesyce porteriana var.
Keys hairy-podded spurge Pinelands,sand dunes
keyensis
M
® MI
Lancewood Ocotea coriacea Hardwood Hammock
Limber Caper Capparis flexuosa Hardwood Hammock U)
Locustberry Brysonima cuneata Hardwood Hammock
Long Stalked Stopper lsidium on iPes Hardwood Hammock
Mahogany Swietenia mahogoni Hardwood Hammock �y
I
Maidenbush Sa ia bahamensis Hardwood Hammock CN
Marlberry Ardisia escallanioides Hardwood Hammock
Milkbark Drypetes diversifolia Hardwood Hammock U
Myrsine Myrsine fl 0)
oridana Hardwood Hammock
Pigeon Plum Coccoloba diversifolia Hardwood Hammock
Poisonwood Metopium toxiferum Hardwood Hammock 0
Chamaesyce orteria � �
Porter's spurge p na var. Pinelands
scoparia X
W
Saffron Plum �ider o xy lo c s n elatri r m num Hadwood Hamock
t
Sand croton Croton arenicola Pinelands,sand dunes E
c�
Page 20
Packet Pg. 3602
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
U)
Sand flax Lilzum arenicola Pinelands
Silky bluestem 8chizachyrium sericatum Pinelands
Silver dwarf morning-glory Evolvulus sericeus var.averyi Pinelands
Small-leaf squarestem Melanthera parvifolia Pinelands
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Snowberry Chiococca alba Hardwood Hammock CL
Spanish Stopper ,,,,,,,,, Eugenia foetida.............................................................................................. Hardwood Hammock
CL
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Spicewood Calyptranthes pallens Hardwood Hammock
Tallowwood Ximema americans Hardwood Hammock 2
......... _ _
Tenlobe false foxglove Gerardia keyensis(Agalinis) Pinelands
Torchwood Amyris elemifera Hardwood Hammock
White Stopper Eugenia axillaris Hardwood Hammock
® a)
Wild Cinnamon Canella winterana Hardwood Hammock
Wild Coffee Psychotria...ner v o s a.......................................................................... Hardwood Hammock
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Manilkara jaimiqui sub. C,
Wild Dilly Hardwood Hammock E
emarginata 0
U
Wild Lanta
na Lantana involucrata Hardwood Hammock
Wild Lime Zanthoxylum fagara Hardwood Hammock
Wild Tamarind Lysiloma latisiliquum Hardwood Hammock U)
Willow Bustic Bumelia salicifolia Hardwood Hammock
U)
I
Natural Drainage Features means the naturally occurring features of an area which accommodate the flow of
stormwater,e.g.,streams,rivers,lakes,and wetlands. U)
Natural Resources means the air, water,water recharge areas, wetlands, waterwells, estuarine marshes, soils,
beaches,shores,flood plains,rivers,bays,lakes,harbors,forests,fisheries and wildlife,marine habitat,minerals,and
other environmental resources. gal
Nesting Areas (for birds) means those areas that birds use for nesting. This applies to wading birds, hawks,
falcons, seabirds, shorebirds, and any bird species federally or state-listed as endangered,threatened,or a species of �I
special concern.This definition does not apply to non-native invasive or nuisance species.
Nonconforming Structure, as used in the Comprehensive Plan and LDC, means a structure which does not U
conform to a current provision or regulation provided in the Comprehensive Plan and/or LDC.
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Nonconforming Structure, Lawful, as used in the Comprehensive Plan and LDC,means a structure which does CCU
not conform to a current provision or regulation provided in the Comprehensive Plan and/or LDC,but was permitted,
or otherwise in existence lawfully, prior to the effective date of the ordinance adopting the current provision or
regulation that rendered the structure nonconforming. 0
17
Nonconforming Use means a use which does not conform to a current provision or regulation provided in the X
Comprehensive Plan and/or LDC.
c�
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Packet Pg. 3603
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Exhibit 1 Evaluation and Appraisal Review Amendments
Nonconforming Use, Lawful means a use which does not conform to a current provision or regulation provided U)
C
in the Comprehensive Plan and/or LDC,but was permitted,or otherwise in existence lawfully,prior to the effective
date of the ordinance adopting the current provision or regulation that rendered the use nonconforming.
NROGO Subarea means the division of the unincorporated area of the county,outside of the county mainland, E
for the Permit Allocation and Point System,as follows:
(1) Upper Keys: the unincorporated area of the county north of Tavernier Creek and corporate limits of the M
Village of Islamorada(approximately mile marker 90).
(2) Lower Keys:the unincorporated area of the county from the corporate limits of the Village of Islamorada CL
(approximately mile marker 72)south to the corporate limits of the City of Key West at Cow Key Bridge
on U.S.Highway 1 (approximately mile marker 4),excluding Big Pine Key and No Name Key.
3 Big Pine Key and No Name Key:the islands of Big Pine Key and No Name Ke
(-) g Y Y� g Y Y. �
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Objective means a specific,measurable,intermediate end that is achievable and marks progress toward a goal.
OpenSpace means (in relation to recreation) undeveloped lands that are suitable for passive recreation,
landscape,preservation,or conservation uses.
U)
Open Space means(in relation to open space ratio calculations)that portion of any parcel or area of land or water
that is required to be maintained such that the area within its boundaries is open and unobstructed from the ground to
the sky. (This definition is not intended to exclude vegetation). C,
P U
Palm hammock means a low hammock where one out of every five of the dominant canopy plants is a native
palm characterized by the state thatch palm,Thrinax radiata.
U)
Paratransit means a form of public transportation characterized by the flexible routing and scheduling of small
vehicles (taxis,vans,or small buses)to provide shared occupancy,doorstep,or curbside personalized transportation
service.
I
Park means an active or passive recreational facility operated for the benefit of the general public by a public or U)
quasi-public agency. U)
C9
Passive Recreation means non-motorized recreational activities that have a low impact on natural resources such
as hiking,photography,or nature studies,and if specifically designated,bicycling,picnicking,or fishing. I
Perimeter Canal means a manmade trench,the bottom of which is normally covered by water with one of theI
upper edges of its sides normally above water and the other edge below water.
I
Plat means an official subdivision approved by the Board of County Commissioners.
Policy means the way in which programs and activities are conducted to achieve an identified goal. U
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Port means a place alongside navigable water with facilities for the loading and unloading of vessels and cargo.
Principal Use means the primary land use established on a parcel.
0
Public Facilities means major capital improvements, including transportation, sanitary sewer, solid waste,
17
drainage,potable water,educational,parks and recreational facilities. X
Public Interest means demonstrable environmental, social, and economic benefits which would accrue to the C
public at large as a result of a proposed action. E
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Packet Pg. 3604
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Exhibit 1 Evaluation and Appraisal Review Amendments
Public Navigation Channel means a channel that was constructed or is maintained by a public entity,such as a
federal or State agency,Monroe County or other local government for the purpose of transporting people or goods for
commerce,recreation or other purposes.
Public Water Access means public access to the waterfront, including but not limited to beaches, shorelines, E
marinas, boat ramps or other water-oriented facilities. Access may be pedestrian or by bicycle, vehicle or vessel.
Public water access may also mean access to the upland from the water.
A
Public Recreation Site means a site owned or leased by a federal,state,regional,or County agency for purposes CL
of recreational use by the public.
R
Reclamation means the filling, backfilling, restructuring, reshaping, and/or revegetation within and around a
land excavation or filling area to a safe and aesthetic condition.
Recreational and Commercial Working Waterfront means a parcel or parcels of real property that provide access
for water-dependent commercial activities,including hotels and motels as defined in the Florida Statutes,or provide
CL
access for the public to the navigable waters of the state. Recreational and commercial working waterfronts require 0
direct access to or a location on, over,or adjacent to a navigable body of water. The term includes water-dependent °U)
facilities that are open to the public and offer public access by vessels to the waters of the state or that are support
facilities for recreational, commercial, research, or governmental vessels. These facilities include public lodging
establishments,docks,wharfs, lifts,wet and dry marinas,boat ramps,boat hauling and repair facilities,commercial C,
fishing facilities,boat construction facilities, and other support structures over the water. As used in this definition, E
the term"vessel"has the same meaning as in the Florida Statutes. Seaports are excluded from the definition. U
Recreation and Open Space Planning Area(ROSPA) means the four geographical planning areas within Monroe 0
County established for the purposes of inventory of existing facilities, and calculation of Level of Service and needs
for recreation and open space areas and facilities. The ROSPAs include the incorporated cities and their facilities U)
which may service a population that extends beyond an individual city's boundaries, e.g., Monroe County School
District schools serve populations beyond the city boundaries, as well as the unincorporated County as a whole.The
four designated areas and their boundaries are: MI
1.Mainland ROSPA(MROSPA):The MROSPA encompasses the south and southwest tip of Florida.Although i!%
the MROSPA is connected to the Keys portion of the County by roads,these roads actually travel through U)
Dade County,Florida. 0
2.Upper Keys ROSPA(UKROSPA):The northernmost limit of the UKROSPA is MM 112 which is the southern 0
limit of Dade County.The UKROSPA continues southeast and then south to MM 73 and includes a portion
of the Keys on Key Largo along SR 905 to Ocean Reef. The UKROSPA contains the incorporated city off
the Village of Islamorada.
3.Middle Keys ROSPA(MKROSPA):The MKROSPA extends west-southwest from MM 73 to MM 38.5 which �I
is the south end of the Seven Mile Bridge. The MKROSPA contains the incorporated cities of Layton,Key
Colony Beach and Marathon.
4. Lower Keys ROSPA(LKROSPA): The LKROSPA extends west from MM 38.5 to MM 0 and includes the
non-land linked Keys of the Dry Tortugas,the Sand Keys, and the Marquesas Keys. Key West,the County
seat and the largest city,is included in the LKROSPA.
c�
Recycling is minimizing waste generation by recovering and reprocessing usable products that might otherwise
become waste(i.e.,recycling of aluminum cans,paper and bottles,etc.).
Redevelopment means the rehabilitation, improvement, and/or demolition and replacement of existing c
development on a site.
X
Resident(Permanent)Population means inhabitants counted in the same manner utilized by the United States
Bureau of the Census,in the category of total population.Resident population does not include seasonal population. C
c�
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Exhibit 1 Evaluation and Appraisal Review Amendments
Resilience(in relation to climate change)means the capability to anticipate,prepare for,respond to,and recover
from significant multi-hazard threats with minimum damage to social well-being,the economy and the environment.
Resource-Based Recreation means recreational activities that typically are dependent on natural resources and C
the natural outdoor environment. These activities have little,if any, adverse impact on a site and are compatible with E
natural and/or cultural resource protection.
Retention means the storage of a specific volume of stormwater runoff within a defined area having no direct U)
discharge into receiving waters;included as examples are systems which discharge through percolation,filtered bleed-
CL
down and evaporation processes. CL
Reuse (in relation to resource extraction sites)means the planned activity or activities that are intended for the
land excavation or filling area and/or abutting land after the excavation or filling ceases and reclamation is completed.
Right-of-Way means land acquired and owned by the state, a county, a municipality, or utility and reserved,
dedicated,or required for public use.
Rip-Rap means a permanent erosion-resistant ground cover consisting of loosely placed pieces of natural stone
or clean concrete rubble six (6)inches to three (3) feet in diameter(average dimensions), which is free of attachedCL
sediments or reinforcing rods or other similar protrusions. 0
U)
ROGO Subarea means the division of the unincorporated area of the county,outside of the county mainland,for �
the residential Permit Allocation and Point System,as follows:
(1) Upper Keys: the unincorporated area of the county north of Tavernier Creek and corporate limits of the C,
Village of Islamorada(approximately mile marker 90). E
(2) Lower Keys: the unincorporated area of the county from the corporate limits of the Village of Islamorada U
(approximately mile marker 72)south to the corporate limits of the City of Key West at Cow Key Bridge on
U.S.Highway 1 (approximately mile marker 4),excluding Big Pine Key and No Name Key.
(3)Big Pine Key and No Name Key:the islands of Big Pine Key and No Name Key within unincorporated the
county. U)
Room, Hotel or Motel, means a unit consisting of a room or rooms in a public lodging establishment as defined
by Florida Statutes,intended for transient lodging only for periods not exceeding 30 days.Transient occupancy shall MI
conform to the definition contained in Florida Statutes.For the purposes of density restriction:
(1)Hotel or motel unit may be a single bedroom and 1'/z bathrooms or a hotel/motel unit may be a suite which U)
may include a kitchenette but no more than 1'/2 bathrooms and one bedroom and one other living area. 0
(2) Suites containing more than one bedroom and 1'/2 baths may be constructed; however, each bedroom/full 0
bath combination shall be considered a hotel/motel unit.
(3)All entrances to a hotel or motel unit shall share the same key or means of controlling access so that the hotelI
or motel unit as defined herein is not divisible into separately rentable units.
M
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Salt Marsh and Buttonwood Wetlands means two plant associations that are sometimes collectively or
individually referred to as the"transitional wetland zone."The salt marsh community is a wetland area subject to tidal
influence,and the vegetation is dominated by nonwoody groundcovers and grasses.The vegetation may include,but U
is not limited to,the following nonwoody species:
Salt Marsh Community Species
Common Name Scientific Name
Chestnut sedge Fimbristylis castanea
X
Cordgrass 8partina spartinae
Dropseed Sporobolus virginicus
Glasswort Salicornia spp.mmmmmm
Page 21
Packet Pg. 3606
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
........ ........ ........ ........ ........ .........
Key grass Monanthochloe
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Salt grass Distichlis spicata
Saltwort Bads maritima
Sea purslane 8esuvium portulacastrum
Woody vegetation that may be present includes the three species of mangroves, as well as buttonwood(Conocarpus CL
CL
erectus);however,the salt marsh community is distinguished by the dominance of nonwoody plants, and the woody
species have a coverage of less than 40 percent.
The salt marsh community may be associated and intermixed with areas of almost bare ground on which the vegetation
may be limited to masts of periphyton.
The buttonwood wetland is a wetland that is usually present in the more landward zone of the transitional wetland >
area,and may intermix with more upland communities.The vegetation may include,but is not limited to,the following
species:
Buttonwood Wetland Species
Common Name U)Scientific Name
Black torch Erithalis fruticosa
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o d Conocarpus erectus 0
Buttonwood
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Chestnut sedge Fimbristylis castanea
Christmas berry Lycium Carolinianum
Dropseed 8porobolus virginicus
Joewood dacquinia keyensis U'
Mayten Maytenus phyllanthoides
Saffron plum Bumelia celastrina U)
0
Sea grape Coccoloba uvifera 0
Sea oxeye daisy Borrichia spp.
The buttonwood wetland is distinguished from the salt marsh wetland by the dominance of buttonwood trees,usually '
occurring as an open stand that permits the growth of an understory of groundcovers and shrubs. The buttonwood
wetland is, in turn, distinguished from more upland communities by the presence of graminoids and halophytic
groundcovers under its open canopy, and generally by the lack of an appreciable layer of humus and leaf litter. As
referenced throughout these regulations, "salt marsh and buttonwood"habitat refers collectively and individually to
it marsh"and"buttonwood"habitats for the purpose of determining regulatory requirements. U
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Scarified Land means an area that is cleared of native vegetation,or topographically modified such that the landCU
is not currently in a successional sequence leading to the establishment of the vegetative communities that were cleared 9
or disturbed.
0
Seasonal Population means the part-time inhabitants who utilize,or may be expected to utilize,public facilities
17
or services, but are not residents. Seasonal population includes longer-term visitors who reside during their stay in X
owner-occupied or leased/rented accommodations.
Shore or Shoreline means the interface of land and water and, as used in the coastal management and
conservation element requirements,is limited to oceanic and estuarine interfaces.
Page 21
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R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
U)
Shoreline Stabilization Strategy means an approach to shore erosion control practices using hardened structures 0
such as bulkheads,rip rap or seawalls or using restoration practices such as plantings to stabilize,protect and enhance
the built and natural environments from erosion and sea level rise impacts.
State Land Planning Agency means the Florida Department of Economic Opportunity (DEO), formerly the
Department of Community Affairs. U)
8tormwater means the flow of water which results from a rainfall event.
d
8tormwater Facilities means manmade structures that are part of a stormwater management system designed to
collect,convey,hold,divert,or discharge stormwater,and may include stormwater sewers,canals,detention facilities
and retention facilities. g
Structure mean anything constructed, installed or portable,the use of which requires a location on a parcel of
land.It includes a movable building that can be used for housing,business,commercial,agricultural or office purposes, `j
either temporarily or permanently. The term also includes but is not limited to, buildings, roads, walkways of C
impervious materials,paths,fences,swimming pools,sport courts,poles,utility lines,signs,cisterns,sewage treatment
plants,sheds,docks,and other accessory construction.
U)
Subdivision(or Subdivide) means the division of land into three or more lots,parcels,tracts,tiers,blocks,sites, �
units,or any other division of land.
Submerged Land means the area situated below the mean high water line of a standing body of water,including E
ocean, estuary, lake, pond, river or stream. For the purpose of this definition, drainage detention areas created as a U
function of development that are recorded on an approved final site plan or other authorized development order action
of the County,and wetlands landward of the mean,shall not be considered submerged land.
Sustainable Building Rating or National Model Green Building Code means a rating system established by the U)
United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) rating
system, the International Green Construction Code (IGCC), the Green Building Initiative's Green Globes rating
system,the Florida Green Building Coalition standards,or a nationally recognized,high-performance green building MI
rating system as approved by the department. '
U)
T 0
Temporary Housing,Emergency or Non-Emergency, means recreational vehicles(or similar approved sheltering
units)used for temporary occupancy. I
Threatened and Endangered Species means plant or animal species listed as such under the provisions of theI
Endangered Species Act,and/or Florida Statutes,and the Florida Endangered and Threatened Special Act.
I
Tourist means those part-time inhabitants who utilize,or may be expected to utilize,public facilities or services,
but are not residents. Tourist population includes short-term visitors who reside during their stay in transient
U
accommodations.
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Transient Unit means a dwelling unit used for transient occupancy such as a hotel or motel room, seasonal
residential unit,or space for parking a recreational vehicle or travel trailer. Transient units, limited to hotel or motel E
rooms, may include lock-out units that meet the criteria within the definition of"Room, Hotel or Motel" and shall
require an additional ROGO exemption for each lock-out unit. c
0
Transit means transportation services available to the public on a regular basis by bus,rail,or other vehicle,and X
usually on a fare-paying basis.Transit may be provided by either public,private or non-profit entities. W
Transit Facility means the property,equipment,and improvements of whatever nature owned,used,constructed,
maintained, controlled,or operated to provide mass transportation for passengers or to provide for the movement of
Page 21
Packet Pg. 3608
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
people, including park-and-ride lots, transfer stations, bus stops, shelters, benches, signs, structures, and other
improvements.
Transportation Disadvantaged means those persons who because of physical or mental disability,income status,
or age are unable to transport themselves or to purchase transportation and are,therefore, dependent upon others to �E
obtain access to health care,employment,education,shopping,social activities,or other life-sustaining activities.
A
Tropical Hardwood Hammock means an upland hardwood forest community consisting of broad-leafed trees,
shrubs,and vines,nearly all of which are native to the West Indies.Characteristic tropical plants include strangler fig, CL
gumbo-limbo, mastic, bustic, lancewood, ironwoods, poisonwood, pigeon plum, Jamaica dogwood, and Bahama
lysiloma.
U g
Undeveloped Area means an area upon which the land remains in its natural state.
Upland means the area of a site landward of mean high water,excluding submerged lands and tidally inundated
mangroves. CL
0
Upland Native Vegetation/Habitat(see Native Upland Vegetation/Habitat) U)
Useful Life means the period during which an asset or property is expected to be usable for the purpose it was
acquired.It may or may not correspond with the item's actual physical life or economic life. 0,
E
Utility means facilities such television cable, telephone exchanges, electric generation plants, stormwater t)
collection systems, high power transmission lines and substations, gas distribution lines and sewage treatment
collections systems and disposal plants. 0
V U)
Vessel means every description of watercraft, barge, seaplane and airboat, used or capable of being used as a
means of transportation on water. I
Vulnerability to Climate Change means the exposure, sensitivity, and adaptive capacity of systems to climate U)
change. 0
W
I
Wastewater Treatment Collection System means the use of land and its above ground installed appurtenances
related to the collection and transmission of wastewater to a treatment facility located on another lot or parcel. �I
Wastewater Treatment Facility means the use of land and its appurtenances for the treatment of wastewater
collected predominately from other lots or parcels.
Water-Dependent Use means a use that must physically be located in,on,over,or adjacent to water in order to
conduct its primary purpose and which, therefore, cannot be located inland. (for example, marinas, docks, wharfs, 0
lifts, boat ramps, boat hauling, repair, and construction facilities, commercial fishing facilities, and other support
structures on,over,or adjacent to navigable bodies of water) E
Water-Enhanced Use means a use that is not water-dependent or water-related uses but benefits economically c
or aesthetically by its location adjacent to or on the waterfront. The term includes dock side bars,restaurants,hotels,
17
motels,and residential uses.
Water-Related Use means an activity not dependent on direct access to water in order to conduct its primary
purpose,but which provides goods or services directly related to water-dependent uses.(for example,marine supplies, E
boat dealers,boat maintenance and repair)
Page 21
Packet Pg. 3609
R.7.c
Exhibit 1 Evaluation and Appraisal Review Amendments
U)
Wet bar means is a food or drink preparation area limited to a total counter surface area of 16 square feet, a
single one-bin sink of one square foot,and electrical service limited to 110 volt service.
Wetlands means those areas that are inundated or saturated by surface water or groundwater at a frequency and E
a duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess
characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands generally
consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions CL
described above. These species,due to morphological,physiological,or reproductive adaptations,have the ability to
grow, reproduce, or persist in aquatic environments or anaerobic soil conditions. (Florida Keys wetlands include
freshwater marsh, salt marsh, buttonwood, salt ponds, freshwater lenses, mangroves, and some areas of tropical
hardwood hammocks and pinelands). g
Wetland Boundary means the landward extent of wetlands dominated by plant species,soils and other hydrologic
evidence indicative of regular and periodic inundation or saturation. w
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G(')VE R IK) DE,,6 EX[OJ71\/E �,�YRECIOI"'
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The Honorable Michelle Coldiron
Mayor of Monroe County
2798 Overseas Highway,Suite 400
Marathon, Florida 33050
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RE: Monroe County Evaluation and Appraisal Notification Letter
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Dear Mayor Coldiron: CL
This is to acknowledge receipt of your Evaluation and Appraisal Notification Letter which was
due on May 1,2021, and received by the Department on April 22, 2021.
Please note that your proposed comprehensive plan amendments based on your Evaluation and
Appraisal should be transmitted to the Department by A ril 22 2022, within one year of your W
notification, pursuant to Section 163.3191(2), Florida Statutes. The amendments are subject to the
State Coordinated Review Process as outlined in Section 163.3184(4), Florida Statues. CL
U)
Mr.Justin Stiell of the Department's staff is available to assist and provide technical guidance to
your questions concerning the contents of the Evaluation and Appraisal based comprehensive plan
amendments and may be reached at(850) 717-8523. CL
0
If you have an questions concerning the processing of the Evaluation and
Y Y q g p g Appraisal based
amendments, please contact Mr. Ray Eubanks, Plan Processing Administrator, at(850)717-8483.
0
Sincerely, U
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D. Ray Eubanks
Plan Processing Administrator
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uu �� irurup u ��nuu.,uuuu��u�u�u:wp�� � u° �u!au uuu°�u, uu�upu�;uu.
upusalLsflftk:!s AII v6ce kflleplhuo ne nu.uumull~u u s a:i n fts docl uument a inay be u eache p by peirsoins u,4ing II p w""/TT a°u u it° lia
the Flodda R16ay
Packet Pg. 3631
R.7.e
County of Monroe
Planning&Environmental Resources Department Board of County Commissioners: 0
Marathon Government Center /`' is W Mayor Michelle Coldiron,District 2 +�
2798 Overseas Highway,Suite 400 �( I „ Mayor Pro TernDavid Rice,District 4 0
Marathon,FL 33050 ( 1 -- t Craig Cates,District 1
Voice: (305)289-2500a ' Eddie Martinez,District 3 ,
FAX: (305)289-2536 �*ti, Mike Forster,District 5
E
We strive to be caring,professional,and fair
April 21, 2021
A
CL
CL
Ray Eubanks,Plan Processing Administrator
Department of Economic Opportunity � 2&
Community Planning and Development
107 East Madison Street
Caldwell Building,MSC 160
Tallahassee, Florida 32399
Re: Monroe County Year 2030 Comprehensive Plan Evaluation and Appraisal Notification Letter
Dear Mr. Eubanks: U)
In accordance with Section 163.3191, F.S., the purpose of this letter is to notify the Florida Department of
Economic Opportunity (DEO) that Monroe County has evaluated its comprehensive plan to determine if plan
amendments are necessary to reflect changes in state requirements. 0
t3
The County's previous Evaluation and Appraisal Report (EAR) was adopted by the Monroe County Board of
County Commissioners on May 22, 2012 via Resolution 150-2012. The County's previous evaluation and
appraisal notification letter was approved by the BOCC on April 23,2014 and sent to DEO. The County adopted U
Comprehensive Plan amendments in accordance with these EAR documents. 0
0
The current Monroe County Evaluation and Appraisal Notification Letter is due on May 1, 2021, per the DEO 0
Evaluations and Appraisal Notification Schedule.
A thorough review of the Florida Statutes(2012-current)has been conducted and the County has determined two
(2) amendments to its comprehensive plan are necessary to reflect changes in state requirements for the Peril of
Flood legislation (Section 163.3178(2)(f), F.S.) and the revision of the definition of the term `development' (s.
380.04, F.S.; s. 163.3221,F.S.; and referenced in s. 163.3164(14),F.S.) .2
0
Additionally, Monroe County will update the Rule 28-20 references within the comprehensive plan to reflect the
recently adopted Administration Commission Rule 28-20.140,F.A.C.,with the County's updated Work Program.
As required by County's former Work Program, which required the County to adopt Policies establishing that �c
with each evaluation and appraisal report,the County will include an analysis and recommendations on the Tier
(Zoning) Overlay District Maps, the County will be contracting with the Monroe County Property Appraisers
Office to acquire access to current aerials and the County will prepare Request for Proposals (RFPs)to contract
with a consultant to update habitat data (GIS mapping & dataset: types and boundaries of habitats) for the tier
overlay district maps and to evaluate listed, threatened, and endangered species as of 2021. Once this updated
Pagel of 2
Packet Pg. 3632
R.7.e
information is available, the County will be forming a tier designation review committee to review adopted tier
criteria, changes in habitat, updates to listed species, and lands acquired by public entities to determine if
amendments are needed to the tier overlay district maps to further protect and enhance native upland vegetation.
0
Further, Monroe County will review its comprehensive plan to evaluate if changes will be processed to reflect 0
changes in local conditions and recent trends,issues and challenges(including but not limited to,Hurricane Irma,
Tropical Storm Eta,flooding events,the Covid-19 pandemic,and related budgetary impacts)which have impacted
the County.
The County anticipates transmitting the required amendments, pursuant to Section 163.3184(4), F.S., in May
2022.
Please direct any questions to Mayte Santamaria, Senior Planning Policy Advisor at 305-393-5556 or via email at
Santail aria may te,ct monroecount fl �µov.
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CL
Sincerely,
r
Michelle Coldiron >
Mayor of Monroe County
cc: Board of County Commissioners
Roman Gastesi,County Administrator
Christine Hurley, Assistant County Administrator
Emily Schemper, Senior Director of Planning&Environmental Resources CL
Bob Shillinger,County Attorney o
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Page 2 of 2
Packet Pg. 3633
CHAPTER 2015-69
Committee Substitute for Committee Substitute for
Committee Substitute for Senate Bill No. 1094 g
An act relating to the peril of flood; amending s. 163.3178, F.S.; specifying
requirements for the coastal management element required for a local
government comprehensive plan; creating s. 472.0366, F.S.; defining
terms;requiring a surveyor and mapper to submit a copy of each elevation
certificate that he or she completes to the Division of Emergency y
Management within a specified period beginning on a specified date; in
authorizing the redaction of certain personal information from the copy;
amending s. 627.715, F.S.; authorizing flexible flood insurance; specifying
coverage requirements; deleting a provision that prohibits supplemental CL
flood insurance from including excess coverage over any other insurance E
covering the peril of flood; revising the information that must be U
prominently noted on a certain page of a flood insurance policy; requiring
the Office of Insurance Regulation to require an insurer to provide an
appropriate credit or refund to affected insureds if the office determines
that a rate of the insurer is excessive or unfairly discriminatory; revising
the notice that must be provided to and acknowledged by an applicant for
CL
flood coverage from an authorized or surplus lines insurer if the applicant's o
property is receiving flood insurance under the National Flood Insurance CL
Program;allowing an authorized insurer to request a certification from the
office which indicates that a policy,contract, or endorsement issued by the 'a
insurer provides coverage for the peril of flood which equals or exceeds the
flood coverage offered by the National Flood Insurance Program; specify-
ing requirements for such certification; authorizing such insurer or its C
agent to reference or include the certification in specified advertising,
communications, and documentation;providing that misrepresenting that
a flood policy,contract,or endorsement is certified is an unfair or deceptive
act; providing an effective date. 0
4-
Be It Enacted by the Legislature of the State of Florida: 0
Section 1. Paragraph (f) of subsection (2) of section 163.3178, Florida C,
Statutes, is amended to read: LLI
163.3178 Coastal management.—
(2) Each coastal management element required by s. 163.3177(6)(g)shall
be based on studies, surveys, and data; be consistent with coastal resource
plans prepared and adopted pursuant to general or special law; and contain:
E
(f) A redevelopment component that .e outlines the principles that
must.,,,�;�1 be used to eliminate inappropriate and unsafe development
in the coastal areas when opportunities arise. The component must:
1
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Packet Pg. 3634
Ch. 2015-69 LAWS OF FLORIDA Ch. 201
1. Include development and redevelopment principles, strategies, and
engineering solutions that reduce the flood risk in coastal areas which results
from high-tide events, storm surge, flash floods, stormwater runoff, and the
related impacts of sea-level rise.
2. Encourage the use of best practices development and redevelopment
principles, strategies, and engineering solutions that will result in the
removal of coastal real property from flood zone designations established by >
the Federal Emergency Management Agency.
3. Identify site development techniques and best practices that maX
reduce losses due to flooding and claims made under flood insurance policies y
issued in this state.
4. Be consistent with, or more stringent than, the flood-resistant
construction requirements in the Florida Building Code and applicable 0.
flood plain management regulations set forth in 44 C.F.R. part 60.
0
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5. Require that any construction activities seaward of the coastal
construction control lines established pursuant to s. 161.053 be consistent
with chapter 161.
6. Encourage local governments to participate in the National Flood
Insurance Program Community Rating System administered by the Federal CL
Emergency Management Agency to achieve flood insurance premium 0
discounts for their residents. CL 1
Section 2. Section 472.0366, Florida Statutes, is created to read: ,
a
472.0366 Elevation certificates; requirements for surveyors and map-
pers.— C
(1) As used in this section, the term:
(a) "Division"means the Division of Emergency Management established
within the Executive Office of the Governor under s. 14.2016. 0
4-
4-
(b) "Elevation certificate" means the certificate used to demonstrate the 0
elevation of property which has been developed by the Federal Emergency
Management Agency pursuant to federal floodplain management regulation
and which is completed by a surveyor and mapper. LL
(2) Beginning January 1, 2017, a surveyor and mapper shall, within 30 I
days after completion, submit to the division a copy of each elevation
certificate that he or she completes. The copy must be unaltered, except that
the surveyor and mapper may redact the name of the property owner.
Section 3. Section 627.715, Florida Statutes, is amended to read:
c�
627.715 Flood insurance.—An authorized insurer may issue an insur-
ance policy, contract, or endorsement providing personal lines residential
2
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Packet Pg. 3635
Ch. 2015-69 LAWS OF FLORIDA Ch.
coverage for the peril of flood on any structure or the contents of personal
property contained therein, subject to this section. This section does not
apply to commercial lines residential or commercial lines nonresidential
coverage for the peril of flood.This section also does not apply to coverage for
the peril of flood that is excess coverage over any other insurance covering the g
peril of flood. An insurer may issue flood insurance policies, contracts, or
endorsements on a standard, preferred, customized, or supplemental basis.
(1)(a)1. Standard flood insurance must cover only losses from the peril of W
flood, as defined in paragraph (b), equivalent to that provided under a
standard flood insurance policy under the National Flood Insurance
Program. Standard flood insurance issued under this section must provide
the same coverage, including deductibles and adjustment of losses, as that
provided under a standard flood insurance policy under the National Flood
Insurance Program.
2. Preferred flood insurance must include the same coverage as standard E
flood insurance but: U
a. Include, within the definition of"flood," losses from water intrusion
originating from outside the structure that are not otherwise covered under
the definition of"flood" provided in paragraph (b).
b. Include coverage for additional living expenses.
0
c. Require that any loss under personal property or contents coverage
that is repaired or replaced be adjusted only on the basis of replacement costs
up to the policy limits. ,
3. Customized flood insurance must include coverage that is broader
than the coverage provided under standard flood insurance. 0
0)
4. Flexible flood insurance must cover losses from the peril of flood, as
defined in paragraph(b),and may also include coverage for losses from water 1
intrusion originating from outside the structure which is not otherwise 0
covered by the definition of flood. Flexible flood insurance must include one 0
or more of the following provisions:
a. An agreement between the insurer and the insured that the flood
coverage is in a specified amount,such as coverage that is limited to the total
amount of each outstanding mortgage applicable to the covered property.
b. A requirement for a deductible in an amount authorized under s.
627.701, including a deductible in an amount authorized for hurricanes.
c. A requirement that flood loss to a dwelling be adjusted in accordance
with s. 627.7011(3) or adjusted only on the basis of the actual cash value of
the property.
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d. A restriction limiting flood coverage to the principal building defined
in the polio
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Packet Pg. 3636
Ch. 2015-69 LAWS OF FLORIDA Ch. 201
e. A provision including or excluding coverage for additional living
expenses.
f. A provision excluding coverage for personal property or contents as to
the peril of flood.
5.4. Supplemental flood insurance may provide coverage designed to
supplement a flood policy obtained from the National Flood Insurance y
Program or from an insurer issuing standard or preferred flood insurance
pursuant to this section. Supplemental flood insurance may provide, but
need not be limited to, coverage for jewelry, art, deductibles, and additional
living expenses. Supplemental flood insuranee does not inelude eeverage c r
U)
per;! f n a
(b) "Flood" means a general and temporary condition of partial or
complete inundation of two or more acres of normally dry land area or of
two or more properties, at least one of which is the policyholder's property, U
from:
U)
1. Overflow of inland or tidal waters;
LM
2. Unusual and rapid accumulation or runoff of surface waters from any
source;
CL
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3. Mudflow; or CL
4-
4. Collapse or subsidence of land along the shore of a lake or similar body
of water as a result of erosion or undermining caused by waves or currents of
water exceeding anticipated cyclical levels that result in a flood as defined in
this paragraph. CL
(2) Any limitations on Flood coverage deductibles and of policy limits
pursuant to this section, inel din but not limited t a,.duet;ble must be
prominently noted on the policy declarations page or face page.
0
(3)(a) An insurer may establish and use flood coverage rates in
accordance with the rate standards provided in s. 627.062. 0
(b) For flood coverage rates filed with the office before October 1, 2019, 0
the insurer may also establish and use such rates in accordance with the CL I
LL
rates,rating schedules, or rating manuals filed by the insurer with the office
which allow the insurer a reasonable rate of return on flood coverage written
in this state.Flood coverage rates established pursuant to this paragraph are
not subject to s. 627.062(2)(a) and(f).An insurer shall notify the office of any
change to such rates within 30 days after the effective date of the change.The
notice must include the name of the insurer and the average statewide
percentage change in rates.Actuarial data with regard to such rates for flood E
coverage must be maintained by the insurer for 2 years after the effective
date of such rate change and is subject to examination by the office.The office
may require the insurer to incur the costs associated with an examination.
4
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Packet Pg. 3637
Ch. 2015-69 LAWS OF FLORIDA Ch.
Upon examination, the office, in accordance with generally accepted and
reasonable actuarial techniques, shall consider the rate factors in s.
627.062(2)(b), (c),and(d), and the standards in s. 627.062(2)(e),to determine
if the rate is excessive, inadequate, or unfairly discriminatory. If the office
determines that a rate is excessive or unfairly discriminatory,the office shall
require the insurer to provide appropriate credit to affected insureds or an
appropriate refund to affected insureds who no longer receive coverage from
the insurer. >
(4) A surplus lines agent may export a contract or endorsement providing
flood coverage to an eligible surplus lines insurer without making a diligent
effort to seek such coverage from three or more authorized insurers under s. >
626.916(1)(a). This subsection expires July 1, 2017. U)
a�
(5) In addition to any other applicable requirements, an insurer provid-
ing flood coverage in this state must:
0
(a) Notify the office at least 30 days before writing flood insurance in this t3
state; and
(b) File a plan of operation and financial projections or revisions to such ,LF
plan, as applicable, with the office.
(6) Citizens Property Insurance Corporation may not provide insurance 0.
for the peril of flood.
(7) The Florida Hurricane Catastrophe Fund may not provide reim-
bursement for losses proximately caused by the peril of flood,including losses
that occur during a covered event as defined in s. 215.555(2)(b).
(8) An agent must, upon receiving obtainin an application for flood 0
coverage from an authorized or surplus lines insurer for a property receiving y
flood insurance under the National Flood Insurance Program, must obtain
an acknowledgment signed by the applicant before placing the coverage with
the authorized or surplus lines insurer.The acknowledgment must notify the 0
applicant that, if the applicant discontinues coverage under the National
Flood Insurance Program which is provided at a subsidized rate,the full risk o
rate for flood insurance may apply to the property if the applicant soh
insuranee4s. later seeks to reinstate coverage obtained under the National 00.
Flood insu.anee program. �
(9) With respect to the regulation of flood coverage written in this state by
authorized insurers, this section supersedes any other provision in the
Florida Insurance Code in the event of a conflict.
4i
(10) If federal law or rule requires a certification by a state insurance
regulatory official as a condition of qualifying for private flood insurance or E
disaster assistance, the Commissioner of Insurance Regulation may provide
the certification, and such certification is not subject to review under chapter
120.
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Packet Pg. 3638
Ch. 2015-69 LAWS OF FLORIDA Ch. 201
(11)(a) An authorized insurer offering flood insurance may request the
office to certify that a policy, contract, or endorsement provides coverage for
the peril of flood which equals or exceeds the flood coverage offered by the a
National Flood Insurance Program. To be eligible for certification, such
policy, contract, or endorsement must contain a provision stating that it 0
meets the private flood insurance requirements specified in 42 U.S.C. s.
4012a(b)and may not contain any provision that is not in compliance with 42
U.S.C. s. 4012a(b). >
(b) The authorized insurer or its agent may reference or include a
certification under paragraph (a) in advertising or communications with an
agent, a lending institution, an insured, or a potential insured only for a y
policy, contract, or endorsement that is certified under this subsection. The U)
authorized insurer may include a statement that notifies an insured of the
certification on the declarations page or other policy documentation related
to flood coverage certified under this subsection.
(c) An insurer or agent who knowingly misrepresents that a flood policy, U
contract,or endorsement is certified under this subsection commits an unfair
or deceptive act under s. 626.9541.
Section 4. This act shall take effect July 1, 2015.
Approved by the Governor May 21, 2015.
CL
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Filed in Office Secretary of State May 21, 2015. CL
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Packet Pg. 3639
R.7.g
CHAPTER 2018-34
House Bill No. 405
An act relating to linear facilities; amending s. 163.3221, F.S.; revising the
definition of the term "development" to exclude work by certain utility
providers on utility infrastructure on certain rights-of-way or corridors;
revising the definition to exclude the creation or termination of distribu-
tion and transmission corridors; amending s. 380.04, F.S.; revising the CL
definition of the term "development" to exclude work by certain utility 0
providers on utility infrastructure on certain rights-of-way or corridors; U)
revising the definition to exclude the creation or termination of distribu-
tion and transmission corridors; amending s. 403.511, F.S.; requiring the
consideration of a certain variance standard when including conditions for CL
the certification of an electrical power plant; clarifying that the Public E
Service Commission has exclusive jurisdiction to require underground U
transmission lines; amending s.403.531,F.S.;requiring the consideration U)
of a certain variance standard when including conditions for the
certification of a proposed transmission line corridor; clarifying that the ,
Public Service Commission has exclusive jurisdiction to require under-
ground transmission lines; providing an effective date.
0
Be It Enacted by the Legislature of the State of Florida:
4-
Section 1. Paragraph (b) of subsection (4) of section 163.3221, Florida ap
Statutes, is amended to read:
163.3221 Florida Local Government Development Agreement Act; 0.
definitions.—As used in ss. 163.3220-163.3243: 2
(4) "Development" means the carrying out of any building activity or
mining operation, the making of any material change in the use or 1
appearance of any structure or land, or the dividing of land into three or 0
more parcels.
4-
4-
0
(b) The following operations or uses shall not be taken for the purpose of ,
this act to involve "development":
1. Work by a highway or road agency or railroad company for the
maintenance or improvement of a road or railroad track, if the work is J
carried out on land within the boundaries of the right-of-way.
2. Work by any utility and other persons engaged in the distribution or ;
transmission of gas, electricity, or water, for the purpose of inspecting,
repairing, or renewing on established rights-of-way or corridors, or con-
structing on established or to be established rights-of-way or corridors, any
sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles,
tracks, or the like.
1
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Packet Pg. 3640
Ch. 2018-34 LAWS OF FLORIDA Ch. 201
3. Work for the maintenance,renewal,improvement,or alteration of any
structure,if the work affects only the interior or the color of the structure or
the decoration of the exterior of the structure.
4. The use of any structure or land devoted to dwelling uses for any
purpose customarily incidental to enjoyment of the dwelling.
5. The use of any land for the purpose of growing plants,crops,trees,and y
other agricultural or forestry products; raising livestock; or for other
agricultural purposes.
6. A change in use of land or structure from a use within a class specified 0
in an ordinance or rule to another use in the same class. U)
7. A change in the ownership or form of ownership of any parcel or
structure.
8. The creation or termination of rights of access, riparian rights, t0
easements, distribution and transmission corridors, covenants concerning
development of land, or other rights in land.
Section 2. Paragraphs (b) and (h) of subsection (3) of section 380.04, ,M
Florida Statutes, are amended to read:
380.04 Definition of development.-
0
(3) The following operations or uses shall not be taken for the purpose of
this chapter to involve "development" as defined in this section:
(b) Work by any utility and other persons engaged in the distribution or
transmission of gas, electricity, or water, for the purpose of inspecting,
repairing, or renewing on established rights-of-way or corridors, or con- 0.
structing on established or to be established rights-of-way or corridors, any
sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles,
tracks, or the like. This provision conveys no property interest and does not I
eliminate any applicable notice requirements to affected land owners. 0
(h) The creation or termination of rights of access, riparian rights,
easements, distribution and transmission corridors, covenants concerning
development of land, or other rights in land.
Section 3. Paragraph (b) of subsection (2) and subsection (4) of section
403.511, Florida Statutes, are amended to read: J
403.511 Effect of certification.—
(2)
a�
(b)1. Except as provided in subsection (4), and in consideration of the E
standard for granting variances pursuant to s.403.201,the certification may c�
include conditions which constitute variances, exemptions, or exceptions
from nonprocedural requirements of the department or any agency which
2
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Packet Pg. 3641
Ch. 2018-34 LAWS OF FLORIDA Ch.
were expressly considered during the proceeding, including, but not limited
to, any site specific criteria, standards, or limitations under local land use
and zoning approvals which affect the proposed electrical power plant or its a
site,unless waived by the agency and which otherwise would be applicable to
the construction and operation of the proposed electrical power plant.
2. No variance, exemption, exception, or other relief shall be granted
from a state statute or rule for the protection of endangered or threatened y
species, aquatic preserves, Outstanding National Resource Waters, or
Outstanding Florida Waters or for the disposal of hazardous waste, except
to the extent authorized by the applicable statute or rule or except upon a
finding in the certification order that the public interests set forth in s. y
403.509(3)in certifying the electrical power plant at the site proposed by the in
applicant overrides the public interest protected by the statute or rule from
which relief is sought.
(4) This act shall not affect in any way the Public Service Commission's E
ratemaking powers or its exclusive jurisdiction to require transmission lines C3
to be located underground of the Publ e Sei-,ee C,.r,r,;,.sio under chapter
366;nor shall this act in any way affect the right of any local government to
charge appropriate fees or require that construction be in compliance with LM
applicable building construction codes.
Section 4. Paragraph (b) of subsection (2) and subsection (4) of section
403.531, Florida Statutes, are amended to read: 0-
0.
403.531 Effect of certification.—
(2)
(b) In consideration of the standard for granting variances pursuant to s. 0
403.201, the certification may include conditions that constitute variances
and exemptions from nonprocedural standards or rules of the department or
any other agency which were expressly considered during the certification
review unless waived by the agency as provided in s. 403.526 and which
otherwise would be applicable to the location of the proposed transmission 6
line corridor or the construction, operation, and maintenance of the
transmission lines. 0
(4) This act does not in any way affect the commission's ratemaking 0,
powers or its exclusive jurisdiction to require transmission lines to be located
underground of the eemmissio under chapter 366. This act does not in any
way affect the right of any local government to charge appropriate fees or
require that construction be in compliance with the National Electrical
Safety Code, as prescribed by the commission.
Section 5. This act shall take effect upon becoming a law.
E
Approved by the Governor March 19, 2018. a
Filed in Office Secretary of State March 19, 2018.
3
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Packet Pg. 3642
R.7.g
CHAPTER 2021-195
Committee Substitute for Committee Substitute for
Committee Substitute for House Bill No. 59 g
An act relating to growth management; amending s. 163.3167, F.S.;
specifying requirements for certain comprehensive plans effective, rather
than adopted, after a specified date and for associated land development
regulations; amending s. 163.3177, F.S.; requiring local governments to CL
C"
include a property rights element in their comprehensive plans;providing 0
a statement of rights which a local government may use; requiring a local °7
government to adopt a property rights element by the earlier of its
adoption of its next proposed plan amendment initiated after a certain
date or the next scheduled evaluation and appraisal of its comprehensive CL
plan; prohibiting a local government's property rights element from E
conflicting with the statement of rights contained in the act; amending U
s. 163.3237, F.S.; providing that the consent of certain property owners is
not required for development agreement changes under certain circum-
stances; providing an exception; amending s. 337.25, F.S.; requiring the
Department of Transportation to afford a right of first refusal to certain
individuals under specified circumstances; providing requirements and
procedures for the right of first refusal; amending s. 380.06, F.S.; C
authorizing certain developments of regional impact agreements to be
CL
amended under certain circumstances;providing retroactive applicability; ,_i
providing a declaration of important state interest; providing an effective
date.
Be It Enacted by the Legislature of the State of Florida: 0.
Section 1. Subsection (3) of section 163.3167, Florida Statutes, is
amended to read:
163.3167 Scope of act.— 0
4-
(3) A municipality established after the effective date of this act shall,
within 1 year after incorporation, establish a local planning agency,
pursuant to s. 163.3174, and prepare and adopt a comprehensive plan of
the type and in the manner set out in this act within 3 years after the date of CL I
LL
such incorporation. A county comprehensive plan is controlling until the
municipality adopts a comprehensive plan in accordance with this act. A
comprehensive plan for a newly incorporated municipality which becomes
effective adopted after January 1, 2016 2019, and all land development
regulations adopted to implement the comprehensive plan must incorporate Zj
each development order existing before the comprehensive plan's effective
date, may not impair the completion of a development in accordance with
such existing development order, and must vest the density and intensity
approved by such development order existing on the effective date of the
comprehensive plan without limitation or modification.
1
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Packet Pg. 3643
Ch. 2021-195 LAWS OF FLORIDA Ch. 2021
Section 2. Paragraph (i) is added to subsection (6) of section 163.3177,
Florida Statutes, to read:
a
163.3177 Required and optional elements of comprehensive plan; M
studies and surveys.— a
(6) In addition to the requirements of subsections (1)-(5), the compre-
hensive plan shall include the following elements:
(i)1. In accordance with the legislative intent expressed in ss.
163.3161(10) and 187.101(3) that governmental entities respect judicially
acknowledged and constitutionally protected private property rights, each
local government shall include in its comprehensive plan a property rights
element to ensure that private property rights are considered in local
decisionmaking. A local government may adopt its own property rights
element or use the following statement of rights:
The following rights shall be considered in local decisionmaki=. 0
1. The right of a property owner to physically possess and control his or
her interests in the property, including easements, leases, or mineral
rights.
2. The right of a property owner to use, maintain, develop, and
CL
improve his or her property for personal use or for the use of any other 0-
person, subject to state law and local ordinances. CL
0
3. The right of the property owner to privacy and to exclude others
from the property to protect the owner's possessions and property.
4. The right of a property owner to dispose of his or her property CL
through sale or gift.
2. Each local government must adopt a property rights element in its
comprehensive plan by the earlier of the date of its adoption of its next 0
proposed plan amendment that is initiated after July 1, 2021, or the date of
the next scheduled evaluation and appraisal of its comprehensive plan 0
pursuant to s. 163.3191. If a local government adopts its own property rights
element, the element may not conflict with the statement of rights provided CL
in subparagraph 1. LL
Section 3. Section 163.3237, Florida Statutes, is amended to read:
163.3237 Amendment or cancellation of a development agreement.—A
development agreement may be amended or canceled by mutual consent of 4i
the parties to the agreement or by their successors in interest.A party or its
designated successor in interest to a development agreement and a local E
government may amend or cancel a development agreement without U
securing the consent of other parcel owners whose property was originally
subject to the development agreement, unless the amendment or
2
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Packet Pg. 3644
Ch. 2021-195 LAWS OF FLORIDA Ch. 2
cancellation directly modifies the allowable uses or entitlements of such
owners' property.
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Section 4. Subsection(4) of section 337.25, Florida Statutes,is amended m
to read: a
337.25 Acquisition, lease, and disposal of real and personal property.
(4) The department may convey, in the name of the state, any land,
building, or other property, real or personal, which was acquired under
subsection (1) and which the department has determined is not needed for
the construction, operation, and maintenance of a transportation facility.
When such a determination has been made, property may be disposed of
through negotiations, sealed competitive bids, auctions, or any other means
the department deems to be in its best interest,with due advertisement for
property valued by the department at greater than $10,000. A sale may not
occur at a price less than the department's current estimate of value, except E
as provided in paragraphs(a)-(d).The department may afford a right of first t3
refusal to the local government or other political subdivision in the —
urisdiction in which the parcel is situated except in a conveyance
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transacted under paragraph (a), paragraph (c), or paragraph (e). Notwith- LM
standing any provision of this section to the contrary,before any conveyance >,
under this subsection may be made, except a conveyance under paragraph
(a) or paragraph (c), the department shall first afford a right of first refusal
to the previous property owner for the department's current estimate of
value of the property.The right of first refusal must be made in writing and 4-1
sent to the previous owner via certified mail or hand delivery, effective upon
receipt. The right of first refusal must provide the previous owner with a
minimum of 30 days to exercise the right in writing and must be sent to the
originator of the offer by certified mail or hand delivery, effective upon
dispatch. If the previous owner exercises his or her right of first refusal,the 2
previous owner has a minimum of 90 days to close on the property.The right
of first refusal set forth in this subsection may not be required for the
disposal of property acquired more than 10 years before the date of
disposition by the department. 0
4-
(a) If the property has been donated to the state for transportation 0
purposes and a transportation facility has not been constructed for at least 5
years,plans have not been prepared for the construction of such facility,and
the property is not located in a transportation corridor, the governmental
entity may authorize reconveyance of the donated property for no con- 0
sideration to the original donor or the donor's heirs, successors, assigns, or
representatives.
(b) If the property is to be used for a public purpose,the property may be Zj
conveyed without consideration to a governmental entity.
(c) If the property was originally acquired specifically to provide
replacement housing for persons displaced by transportation projects, the
department may negotiate for the sale of such property as replacement
3
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Packet Pg. 3645
Ch. 2021-195 LAWS OF FLORIDA Ch. 2021
housing. As compensation, the state shall receive at least its investment in
such property or the department's current estimate of value, whichever is
lower. It is expressly intended that this benefit be extended only to persons a
actually displaced by the project. Dispositions to any other person must be
for at least the department's current estimate of value.
(d) If the department determines that the property requires significant
costs to be incurred or that continued ownership of the property exposes the y
department to significant liability risks, the department may use the
projected maintenance costs over the next 10 years to offset the property's
value in establishing a value for disposal of the property,even if that value is
zero. y
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(e) If,at the discretion of the department,a sale to a person other than an
abutting property owner would be inequitable, the property may be sold to
the abutting owner for the department's current estimate of value.
Section 5. Paragraph (d) of subsection (4) of section 380.06, Florida 0
Statutes, is amended to read: U
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380.06 Developments of regional impact.—
,
(4) LOCAL GOVERNMENT DEVELOPMENT ORDER.—
(d) Any agreement entered into by the state land planning agency, the
developer, and the local government with respect to an approved develop 0.
-
ment of regional impact previously classified as essentially built out, or any
other official determination that an approved development of regional
impact is essentially built out, remains valid unless it expired on or before
April 6,2018,and may be amended pursuant to the processes adopted by the
local government for amending development orders. Any such agreement or 0
amendment may authorize the developer to exchange approved land uses,
subject to demonstrating that the exchange will not increase impacts to
public facilities. This paragraph applies to all such agreements and
amendments effective on or after April 6, 2018.
0
Section 6. The Legislature finds and declares that this act fulfills an
important state interest. 0
Section 7. This act shall take effect July 1, 2021.
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Approved by the Governor June 29, 2021.
Filed in Office Secretary of State June 29, 2021.
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Packet Pg. 3646
R.7.h
Ron DeSands Dane Eagle
FLORIDA D PA TMEN df
ECONOMIC OP UN17F CL
July 19, 2022 CL
The Honorable David Rice
Mayor, Monroe County
25 Ships Way
Big Pine Key, Florida 33043
Dear Mayor Rice:
The Department of Economic Opportunity("Department") has completed its review of the
proposed comprehensive plan amendment for Monroe County (Amendment No. 22-04ER),which was
received and determined complete on May 19, 2022. We have reviewed the proposed amendment in
accordance with the state coordinated review process set forth in Sections 163.3184(2) and (4), Florida CL
Statutes(F.S.),for compliance with Chapter 163, Part II, F.S.The Department does not identify any E
objections or comments to the proposed amendment and this letter serves as the Objections, U
Recommendations and Comments Report. Review comments received by the Department from the N
N
appropriate reviewing agencies, if any,are enclosed. Q
The County should act by choosing to adopt,adopt with changes,or not adopt the proposed
amendment. For your assistance,we have enclosed the procedures for final adoption and transmittal of U
the comprehensive plan amendment.The second public hearing,which shall be a hearing on whether
to adopt one or more comprehensive plan amendments, must be held within 180 days of your receipt
of the Department's attached report, or the amendment will be deemed withdrawn unless extended by
agreement with notice to the Department and any affected party that provided comment on the �
amendment pursuant to Section 163.3184(4)(e)1., F.S.
If you have any questions related to this review, please contact Don Arellano, Planning Analyst, by 0
telephone at(850) 717-8452 or by email at Don.Arellano@deo.myflorida.com. U
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Sincerely,
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Scott Rogers, Regional Planning Administrator
Bureau of Community Planning and Growth
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SR/da
Enclosure: Procedures for Adoption
Agency Comments
cc: Isabel Cosio Carballo, Executive Director,South Florida Regional Planning Council
Roman Gastesi, County Administrator, Monroe County
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Packet Pg. 3647
R.7.h
SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS
FOR STATE COORDINATED REVIEW CL
CL
Section 163.3184(4), Florida Statutes
0
NUMBER OF COPIES TO BE SUBMITTED: Please submit electronically using the Department's electronic
amendment submittal portal "Comprehensive Plan and Amendment U load"
or submit three complete copies of all comprehensive plan W
materials, of which one complete paper copy and two complete electronic copies on CD ROM in L
Portable Document Format(PDF)to the State Land Planning Agency and one copy to each entity below
that provided timely comments to the local government:the appropriate Regional Planning Council;
Water Management District; Department of Transportation; Department of Environmental Protection;
Department of State;the appropriate county(municipal amendments only); the Florida Fish and Wildlife CL
Conservation Commission and the Department of Agriculture and Consumer Services(county plan U
amendments only); and the Department of Education (amendments relating to public schools); and for N
N
certain local governments,the appropriate military installation and any other local government or N
governmental agency that has filed a written request. '
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SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the
adopted amendment:
Department of Economic Opportunity identification number for adopted amendment package;
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Summary description of the adoption package, including any amendments proposed but not
adopted; E
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Ordinance number and adoption date;
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Certification that the adopted amendment(s) has been submitted to all parties that provided
timely comments to the local government;
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Name,title,address,telephone, FAX number and e-mail address of local government contact;
Letter signed by the chief elected official or the person designated by the local government.
0
ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment
package:
In the case of text amendments,changes should be shown in strike-through/underline format;
In the case of future land use map amendment, an adopted future land use map, in color
E
format, clearly depicting the parcel, its existing future land use designation, and its adopted designation;
Packet Pg. 3648
R.7.h
A copy of any data and analyses the local government deems appropriate.
76
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Copy of executed ordinance adopting the comprehensive plan amendment(s);
0
Suggested effective date language for the adoption ordinance for state coordinated review:
"The effective date of this plan amendment, if the amendment is not timely challenged, shall be >
the date the state land planning agency posts a notice of intent determining that this
amendment is in compliance. If the amendment is timely challenged, or if the state land
planning agency issues a notice of intent determining that this amendment is not in compliance,
this amendment shall become effective on the date the state land planning agency or the
Administration Commission enters a final order determining this adopted amendment to be in
compliance."
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0
List of additional changes made in the adopted amendment that the Department of Economic U
Opportunity did not previously review; N
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List of findings of the local governing body, if any,that were not included in the ordinance and '
which provided the basis of the adoption or determination not to adopt the proposed amendment;
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Statement indicating the relationship of the additional changes not previously reviewed by the
Department of Economic Opportunity to the ORC report from the Department of Economic Opportunity.
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June.2, March
Packet Pg. 3649
R.7.h
OFFICE OF THE CommissioNER ®� THE CAPITOL
(85o)617-7700 400 SOUTH MONROE STREET
TALLAHASSEE,FLORIDA 32399-0800
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FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
COMMISSIONER NICOLE "NIw" FRIED
June 20,2022
VIA US MAIL/EMAIL(schemper-emily@monroecounty-fl.gov)
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Monroe County
Emily Schemper
2798 Overseas Highway,Suite 400 CL
Marathon, Florida .33050 0
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Re: DACS Docket#20220523-77-Monroe CN
Monroe County c14
May 23`d, 2022 '
Dear, Emily Schemper;
t3
The Florida Department of Agriculture and Consumer Services(the `Department") received the above-
referenced proposed comprehensive plan amendment on May 23 pa,2022,and has reviewed it pursuant
to the provisions of Chapter 1 , Florida Statutes, to address any potential adverse impacts to important
state resources or facilities related to agricultural, aquacultural, or forestry resources in Florida if the �
proposed amendment(s)are adopted, Based on our review of your county's submission,the
Department has no comment on the proposal, E
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If we may be of further assistance, please do not hesitate to contact me at 50-410-22 2. U
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Sincerely,
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Thomas Poucher 0
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Budget Director 0
Office of Policy and Budget
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cc: Florida Department of Economic Opportunity
(SLPA#: Monroe County 22-04ER)
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1-800-HELPFLA I'°"a' www.FreshFromPlorida.com
Packet Pg. 3650
DocuSign Envelope ID:1IA7D05C-AA63-4767-8086-2C795COB4EDB
V,--ipiP %—
FDol ,
voww�;;Mwffi 1-11-1 ._,
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Florida Department qf7ransporlation CL
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RON DESANTUS 100()�,�W I �I 1h A,velnue JARFA)11�1.PERDUE,VE, <
GOVERNOR �i 1('14,FAA It V
Wayni,11,33172
June 1, 2022
Emily Schemper, AICP W
Senior Director of Planning & Environmental Resources
Monroe County
Planning & Environmental Resources Department
Marathon Government Center
2798 Overseas Highway, Suite 400
Marathon, FL 33050
E
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Subject: Comments for the Monroe County Comprehensive Plan Amendment N
N
Q
FDEO #22-04ER N
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Dear Ms. Schemper:
0
Pursuant to Section 163.3184(3), Florida Statutes (F.S.), in its role as a reviewing
agency as identified in Section 163.3184(1)(c), F.S., the Florida Department of
Transportation, District Six, reviewed the proposed amendment to Monroe County's U)
Comprehensive Plan. The amendment would incorporate Evaluation And Appraisal
E
(EAR) Amendments to the Monroe County 2030 Comprehensive Plan. These E
0
modifications are intended to update the Comprehensive Plan to reflect recent U
changes in Florida statute and administrative rule requirements, as well as update text
in several chapters and Elements.
The District reviewed the amendment package per Chapter 163 Florida Statutes
E
and found the proposed amendment would not adversely impact transportation E
0
resources and facilities of state importance.
In addition, the District's number one priority is safety for all road users with an
ultimate goal of zero fatalities and serious injuries. It is recommended that Monroe
County continue to identify and address the safety needs of all modes of travel,
0
including public transportation. The District encourages the County to include 0
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pedestrian and bicycle facilities to promote a safe walkable and connected community a
consistent with ss. 163.3177, Florida Statutes.
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Packet Pg. 3651
DocuSign Envelope ID: 11A7D05C-AA63-4767-8086-2C795COB4EDB
Ms. Emily Schemper
June 1, 2022
Page 2
Thank you for coordinating on the review of this proposed amendment with FDOT.
If you have any questions, please do not hesitate to contact me by email at
heieen... �� Il ii���i ����otslate,fi.us or at 305-470-5393.
Sincerely,
Docuftned by:
...........B06CD06755954DD...
Shereen Yee Fong CL
Transportation Planner IV 0
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Cc: Daniel Iglesias, P.E., Florida Department of Transportation, District 6 U
Dat Huynh, P.E., Florida Department of Transportation, District 6 N
Kenneth Jeffries, Florida Department of Transportation, District 6 Q
Ray Eubanks, Department of Economic Opportunity
Isabel Cosio Carballo, South Florida Regional Planning Council
Kathe Lerch, South Florida Regional Planning Council c�
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Packet Pg. 3652
R.7.h
From: gin„„�„pow
Cc: �Pk',"1JI" ,f rig
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Subject: [EXTERNAL]-Monroe County 22-04ER Proposed
Date: Friday,June 17,2022 4:52:49 PM CL
Attachments: u i i,V,11,( i n i-+, CL
— —.....�.:row: .... m . .. . .mm�d . _ a nmm �.��� ,,—� .,..,.
To: Ray Eubanks, DEO Plan Review Administrator
0
Re: Monroe County 22-04ER— State Coordinated Review of Proposed Comprehensive Plan
Amendment
The Office of Intergovernmental Programs of the Florida Department of Environmental
Protection (Department)has reviewed the above-referenced amendment package under the
provisions 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 CL
easements; solid waste; and water and wastewater treatment. E
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Based on our review of the submitted amendment package,the Department has found no N
provision that, if adopted,would result in adverse impacts to important state resources subject N
to the Department's jurisdiction.
Please submit all future amendments by email to p �ori�.,n� i�e� �a,�l°I��t°i�� +�i���i � �.. '.. If your t;
submittal is too large to send via email or if you need other assistance, contact Lindsay t
Weaver at(850) 717-9037.
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From: !�.i7. C ;L[wd'
To:
Cc: �t'ni°�ry i.,t�!„"r iu „t;�tl.,, ,, I-�lr.�'r�.iiiJ
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Subject: [EXTERNAL]-Monroe County 22-04ER(EAR-Based Amendment)
Date: Thursday,June 16,2022 12:22:12 PM CL
CL
Dear Ms. Schemper,
Florida Fish and Wildlife Conservation Commission (FWC) staff reviewed the proposed 0
comprehensive plan amendment in accordance with Chapter 163.3184(3), Florida Statutes.
We have no comments,recommendations, or objections related to listed species and their
habitat or other fish and wildlife resources to offer on this amendment.
If you have specific technical questions,please contact me at(850) 617-6034 or by email
ojrQ r" � �rr ;nrrr, All other inquiries may be directed to our office by email at
U)
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Sincerely,
0
Robert Irving U
Land Use Planning Program Administrator N
Florida Fish and Wildlife Conservation Commission Q
1875 Orange Ave. E., Russell Park
Tallahassee,Florida 32311-6160
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Packet Pg. 3654
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From: ,lip'! f i,J cll,,
To: Q` I1�ufilil' %r
Cc: n11111 )-"6('UIIf1y Co"! te?
Subject: [EXTERNAL]-Monroe County,DEO#22-4ER Comments on Proposed Comprehensive Plan Amendment Package CL
Date: Wednesday,June 15,2022 2:16:06 PM CL
Dear Mr. Eubanks:
0
The South Florida Water Management District (District) has completed its review of the proposed
amendment package submitted by Monroe County (County). The package includes Text and Map >
Amendments to the Comprehensive Plan, including the County's Evaluation and Appraisal Report
(EAR) Amendment and the Property Rights Element. There appear to be no regionally significant
water resource issues; therefore, the District forwards no comments on the proposed amendment
package. U)
The District requests that the County forward a copy of the adopted amendments to the District at CL
the following email mailbox add� � ,% 1_'. �,m , i � ,� �. Please contact me if you have 0
any questions or need additional information. U
N
N
Sincerely, N
Ms.Terry Manning,Senior Policy and Planning Analyst
South Florida Water Management District
Water Supply Implementation Unit
3301 Gun Club Road
West Palm Beach, FL 33406
Phone: 561-682-6779
Fax: 561-681-6264
E-Mail: tman.n_ing@sfwmd..gov E
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Packet Pg. 3655
R.7.h
PROPOSED AMENDMENTS
CL
Local Government CL
Local Government Proposed Adopted Council Review Transmittal or
and Plan Date Adoption Public
Amendment Number Hearing and Meeting
Broward County _ . .. ... _ .._ . ww ..
22-02ESR >
(Received 04-28-22) J N/A 06-27-22 04-26-22
1. The proposed
Natural Resource Map Series of the Broward Co
p posed amendment to Broward County s Comprehensive
Coun
ty y Land Use Plan Plan updates
CNRM 22-1 . The
ates the Wetlands Map of the
( ) (P ) proposed
revisions are based on actions taken by staff from January 1,2020,through December 31,2021.Those actions
include observing or delineating wetlands on a parcel, issuing an Environmental Resource License which
CL
formally identifies wetlands or removing wetlands that are no longer environmentally significant. These E
actions resulted in the addition of approximately 163 acres and the removal of approximately 222 acres. In U
addition, sites that were determined to be scrivener's errors due to no historical or current evidence of C14
wetlands have been removed from the Map;these sites are not included in the removal total. `14
2. This amendment affects Broward County. C1,4
3. This amendment does not create any adverse impact to state or regional resources/facilities and the
amendment seeks to protect Natural Resources of Regional Significance as identified in the Strategic Regional U
Policy Plan.
Monroe County ._.. ..... ...
22-04ER 03-16-22
(Received 05-23-22) J N/A 06-27-22 04-20-22
City ...� E
of Deerfi eld .... �� . ..... o
Beach U
22-01ER * J N/A 06-27-22 04-19-22
(Received 05-02-22)
City of Hallandale
E
Beach E
0
22-01ESR* J N/A 06-27-22 05-18-22
(Received 05-31-22)
�i
The
1 Rights Elementato comply withtHouseoB II 59 Section 163.3177 6 i Florida Statutes,
0
proposed ..... Comprehensive Plans reflects the creation of a Property
( )(i), atutes,effective July 1, 2021.The
proposed amendment intends to meet the requirements of the Bill, including language regarding the right of a
property owner to:physically possess and control his or her interests in the property,including easements,leases, en
or mineral rights;use, maintain,develop,and improve his or her property for personal use or for the use of any
other person,subject to state law and local ordinances;privacy and to exclude others from the property to protect
the owner's possessions and property;and dispose of his or her property through sale or gift. E
2. This a .m amendment affects the local governments named above.
�
2
Packet Pg. 3656
R.7.h
Local Government 76
Local Government Proposed Adopted Council Review Transmittal or °
and Plan Date Adoption Public CL
Amendment Number CL
Hearing and Meeting
3. This amendment does not create any adverse impact to state or regional resources/facilities.If an agency
Y g Y �
provides comments on these proposed amendments, the local governments should consult with the
pertinent agency to address the comments prior to adoption.
... . .............
Town of Cutler BayCL
..�..... _.
22-02ER
(Received 06-01-22) N/A 06-27-22 05-18-22 U)
1. The pro �posed amendment to the Town of Cutler Bays Comprehensive Plan consists of applications for
amendments to the Town of Cutler Bay Growth Management Plan based on the 2021 Evaluation and o
E
Appraisal process that was conducted in accordance with the requirements of the Florida Statutes. The o
proposed amendment includes policies to enhance Town resilience through adaptation and mitigation I
t3
measures including the identification of hard and green infrastructure to expand theflood protection system, �
higher base flood elevations for critical and vulnerable facilities, improved shading, and reduced energy
consumption. The proposed amendment seeks to support a diversity of housing choices and improve
affordable housing options. It updates the Plan to reflect current local and regional intergovernmental
coordination efforts.
2. This amendment affects the Town of Cutler Bay.
3. This amendment does not create any adverse impact to state or regional resources/facilities and the
amendment seeks to protect Natural Resources of Regional Significance as identified in the Strategic Regional 0
Policy Plan.
_..._
City of Hallandale o
Beach U
22-02ESR N/A 06-27-22 05-18-22
(Received 05-31-22)
1. The pro me
.... _.
posed amendment to the City of Hallandale Beach Comprehensive Plan's Future Land Use Ele ......� �nt is
E
proposing 500 additional Regional Activity Center(RAC) residential dwelling units. E
2. This amendment affects the City of Hallandale Beach.
3. This amendment does not create any adverse impact to state or regional resources/facilities and the
amendment seeks to protect Natural Resources of Regional Significance as identified in the Strategic Regional
Policy Plan. g
c�
�_... ... -w ... �....._..... ...
City of Key West
22-03ACSC
(Received 05-25-22) N/A 06-27-22 05-18-22
1. The proposed ____,............m.m..y .............................. p..__..r.. ..... �µ............. .....
osed amendment to the City of Key West's Comprehensive Plan amends the Future Lan p p d Use �
Element to transfer 150 unallocated affordable housing units to be utilized for a planned affordable housing
redevelopment.The transfer is intended to address the affordable housing shortage in the city.
3
Packet Pg. 3657
EExh:ib:it 5 - compilation of data and analysifl
Florida Administrative Register Volume 46,Number 192, October 1,2020
4 July� 1 i 2011�� submit n eop � o f eon
n� n CXf:ee eflt System, remove obsolete provisions regarding prior Work
Program tasks,and to add new Work Program tasks concerning
of effluent or-alternati:ve.n]an with eonst-Fuetion of wastewate canal restoration in Monroe County,Florida.
SUMMARY: The proposed rule for the Monroe County
Comprehensive Plan identify the individual Work Program
Wqffiefada shall make available to its J"'.7 -F L*,Ly X i A-W X X -&L3XL,9,LX-Ltasks set forth in Rule 28-20.140, F.A.C., and the completion
dates of the Work Program tasks necessary for consideration by
the Administration Commission prior to removal of the Area of
Critical State Concern Designation. As required by Section
380.0552(4), Florida Statutes, the Work Program tasks
specified in Administration Commission rules must be reported
annually. The protection of the natural environment of the
Florida Keys, and the identification of and progress in
AdministrationGo ,-,-,iss;on accomplishing the tasks under Work Program(as set out in Rule
28-20.140,F.A.C.) is reported to the Department of Economic
jaf Z.-W X, Opportunity for the preparation of a written annual report to the maf:;, IL 1 22 OW 15 and final eeifflffl I Pati tA 144131, 1 ��01
Administration Commission.The proposed amendment to Rule
%d1AeaS7i5gnL1'of the 1,411La.ge. wide wastewater system. 28-20.140 removes obsolete provisions regarding the Work
Program requirements relating to wastewater treatment and
adds Work Program tasks concerning canal restoration
IL ON .11111,June 1
, activities.
eustemefs ° 71 SUMMARY OF STATEMENT OF ESTIMATED
REGULATORY COSTS AND LEGISLATIVE
RATIFICATION:
to its eustatnefs ° The Agency has determined that this will not have an adverse
impact on small business or likely increase directly or indirectly
regulatory costs in excess of$200,000 in the aggregate within
° one year after the implementation of the rule. A SERC has not
connections to the Vfl"A oEP%o vVide wastewate-F been prepared by the Agency.
� u�,nAeembeF �n�s Tslamot shall available The Agency has determined that the proposed rule is not
z ,
to its eu to of 100- of filet#r,«To»;,�n 1 Tnit, expected to require legislative ratification based on the
-----o ---- ,=— -,
statement of estimated regulatory costs or if no SERC is
Rulemaking Authority 380.0552(9),380.05(22)FS.Law Implemented required, the information expressly relied upon and described
380.0552 FS.History—New 6-17-11 Amended herein: the nature of the rule and the preliminary analysis
conducted to determine whether a SERC was required,
NAME OF PERSON ORIGINATING PROPOSED RULE: determined that a Statement of Estimated Regulatory Costs
Christopher Spencer, Interim Secretary, Administration (SERC)was not necessary and that the rule amendment will not
Commission. require ratification by the Legislature. The proposed
NAME OF AGENCY HEAD WHO APPROVED THE rulemaking will not have an adverse impact or effect regulatory
PROPOSED RULE: Administration Commission. costs in excess of$1 million within five years as established in
DATE PROPOSED RULE APPROVED BY AGENCY Sections 120.541(2)(a)1.,2.,and 3.,F.S.
HEAD: September 22,2020 Any person who wishes to provide information regarding a
DATE NOTICE OF PROPOSED RULE DEVELOPMENT statement of estimated regulatory costs, or provide a proposal
PUBLISHED IN FAR: June 25,2020. for a lower cost regulatory alternative must do so in writing
within 21 days of this notice.
ADMINISTRATION COMMISSION RULEMAKING AUTHORITY: 380.0552(9),380.05(22)FS.
RULE NO.: RULE TITLE: LAW IMPLEMENTED: 380.0552 FS.
28-20.140 Comprehensive Plan IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS
PURPOSE AND EFFECT. The Commission intends to amend NOTICE A HEARING WILL BE HELD AT THE DATE
Rule 28-20.140, F.A.C., Comprehensive Plan, to revise the ,TIME TIME AND PLACE SHOWN BELOW:
timing of the adoption of the Tier Zoning Overlay Maps and
4138
Florida Administrative Register Volume 46,Number 192, October 1,2020
DATE AND TIME: Tuesday, Oct 27, 2020 10:00 AM - 1:00
PM(EDT)
nLILLIL
PLACE: The Hearing, if requested, will be held through T for b^,,n ar;o�
GoToMeeting. Please join the meeting from your computer, ,
tablet or smartphone at the following link.
https://global.gotomeeting.com/j oin/302972165
You can also dial in using your phone.
United States(Toll Free): 1(866)899 4679 ,
United States: +1 (571)317-3116
Access Code: 302-972-165 Wofk
Join from a video-conferencing room or system. ,
Dial in or type: 67.217.95.2 or inroomlink.goto.com
Meeting ID: 302 972 165 .,
Or dial directly: 302972165@67.217.95.2 or
67.217.95.2##302972165 to theo lrele�r .
1 G
New to GoToMeeting? Get the app now and be ready when ,
your first meeting starts:
https://global.gotomeeting.com/install/302972165
Pursuant to the provisions of the Americans with Disabilities i:eeetnmendatioiis of the TietF Review Committee
Act, any person requiring special accommodations to 1
participate in this workshop/meeting is asked to advise the ,
agency at least 5 days before the workshop/meeting by
contacting: Barbara Powell, Regional Program Administrator
Area of Critical State Concern, Department of Economic
Opportunity, 107 East Madison Street,MSC#160,Tallahassee, , Mem:oe County shall adept Policy
Florida 32399, (850)717-8504,
Barbara.Powell@deo.myflorida.com. If you are hearing or
speech impaired, please contact the agency using the Florida ,
Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 ,
(Voice). ,
THE PERSON TO BE CONTACTED REGARDING THE
PROPOSED RULE IS: Barbara Powell, Regional Program Committee shale tasked
with the i ��
Administrator Area of Critical State Concern, Department of t4 r i , rTtefia fef T and
Economic Opportunity, 107 East Madison Street, MSC #160, best available data to Feeommend ame-ndments to easufe
Tallahassee, Florida 323991 (850)717-8504,
Barbara.Powell @de o.myflori da.c om
THE FULL TEXT OF THE PROPOSED RULE IS: '�
JrJAXir XsAcord Evaluation and.
4vrr�ical re v Which follows the
28-20.140 Comprehensive Plan.
(1)through(4)No change. z�e in 2011. Each evaluation &n "appraisal rAr,ort
(5)WORK PROGRAM.
(a)Carrying Capacity Study Implementation.
1.Prior to the Count.T�pting a resolution recommending
the removal of the designation of Monroe County as an Area of 2-7. By July 1, 2012 and each July thereafter, Monroe
Critical State Concern, pursuant to Section 3 80.0552(4)(b)3, County and the Monroe County Land Authority shall submit a
F.S., Monroe County shall adopt the conservation planning report annually to the Administration Commission on the land
mapping_(the Tier Zoning Overlay Maps and System) into the acquisition funding and efforts in the Florida Keys to purchase
Comprehensive Plan as an overlay to the Future Land Use Map. Tier I and Big Pine Key Tier II lands and the purchase of parcels
,r��uX.r X 1 2012 l ,,�,zA i i a,a,.rt the nor�c�er ii7tr Where a Monroe County building permit allocation has been
denied for four (4) years or more. The report shall include an
4139
Florida Administrative Register Volume 46,Number 192, October 1,2020
identification of all sources of funds and assessment of fund to asstffe the timely eomp
balances within those sources available to the County and the any tefms and eendifiens asseeiated with bendS-.
Monroe County Land Authority. 2-5. By July 1, 2011, Monroe County shall evaluate its
%_y. A-0.7 F X Monroe County shall adopt Land wastewater needs and state and federal funding opportunities
and apply annually to at least one state or federal funding
in the fofm of the issuanee of a buihdiin.,a,jneFmit is not allowed opportunity for wastewater projects and
connections.
• >
Qt:4tp- fedefal of any private entity The County shall develop A :rpanlAeefnent of f4eilifies.
the County shall provide:4 velp
• > VXA
requests at least 6 months pfio-F to the deadline for pFoperty olvner that fails of ivfuses to eonneet to the eeatml
rn ti v e rot;e f
7
County
G--'Lat,rL rF T i:n 4 C—apar-ity Study Monfee Cotinty shall Adopt A Pr-eteefion and the Departmefit Of E P Oppartitnity This
net
(c)Wastewater Project Implementation.
3-W. By July 1, 2011, Monroe County shall evaluate its 1. Key Largo Wastewater Treatment Facility. Key Largo
land acquisition needs and state and federal funding Wastewater Treatment District is responsible for wastewater
opportunities and apply annually to at least one state or federal treatment in its service area and the completion of the Key
land acquisition funding opportunity Largo Wastewater Treatment Facility.
11.through 15.are renumbered 4.through 8. No change. ,
(b)Wastewater Implementation. entt=u„ti of the Soiith Tr i r n- r;
1.By July 1,2011,Monroe County shall annually evaluate ,Monfee County shall eemplete. design
and allocate funding for wastewater implementation. Monroe of Gallee i 1-..,rin G F FF r u T TLaFnLLl TI.
County shall identify any funding in the annual update to the , Monroe Goufnty shall eo
Capital Improvements Element of the Comprehensive Plan. eenstr-uetion of Collection basins
2!. 1A L31y Deeember 2013 Monfee County sLall work with d By Deeember 1 2011 Monfoe G hall sehedule
n stri�i or, of Co1lit• basins
+rLrr-Cotifiti y Rrrrdi--t e DepartmentofHealthHenl� �DOTel Pa. By 1411y 1 2011 Monf:oe Gounty Q�all ee
and thel DLIep rtme t of Ev+yiroamental Pr-ote%eti%r► (TiT-aP) to construction of Collection basins
fulfill the Sections 403 0Qti(1 n) and o of
• > >
coofdination of aetions with D014 and DEP to nolti:PT ownefs hook ups to Key I Argo Regional W
h. By July 1, 2013, Monroe County shall complete all
di.SpA.Sal standmds. remaining connections to Key Largo Regional WWTP.
R14 T„11, 1 �n1 1 „�ty QLa 11n»L, �1raft a 2. Hawk's Cay, Duck Key and Conch Key Wastewater
Treatment Facility.
million ofbo,-,�-1d a'CiihoFi d unde See on 71 5.61 9 C an� n� B:� T>>1�� 1 7n1 7 �/�fl E)e Gounty s all nompret
' ./
' fAOXF the r+ �in�;�v� �f T�nri�lr�S C-Ay �7LT�7LTTU upgrade/expansion
iv��rr � �
7
establish t r ty's 1a leek' %. ree Gaunt s a1 ra
7 ,i
te property
r donee of unmet fiir,dincr 4pee c� ppoFt the nonnent� to Hawk's
Gay«T«TTp•
Yr$ lzc�rr�vz�nrrr��rur�rrr �vr���l$ ��r ,
1cctTSLIZTt ee of bonds a thoFized tifi deF Seetio 215.411 0 �i•C nr�r1 r1. T3�T Deeembex 1 2012 Mon oe County shall eAmnlp-
•�
0Hawk's tips
4140
Florida Administrative Register Volume 46,Number 192, October 1,2020
• >
1111:;T 1 2 0 13 A ilonfee Goiiinty shall epl::Mplete ° 0 of Environmental Protection (DEP , National Oceanic and
Hawk'shook i'1914ps to Atmospheric Administration (NOAA), Florida Keys National
By July 1, 2014, Monroe County shall complete all Marine Sanctuary(FKNMS), and the South Florida Water
remaining connections to Hawk's Cay WWTP. Management District(SFWMD)to facilitate intergovernmental
3. South Lower Keys Wastewater Treatment Facility(Big coordination and expedite review of canal restoration projects
Coppitt Regional System). within the Florida Keys.
75-14 4. By July 1, 2021, Monroe County shall identify and
evaluate funding sources for the implementation of canal
By July 1, 2013, Monroe County shall complete all restoration projects and the continual operation and
remaining connections to the South Lower Keys WWTP. maintenance of canals post restoration.
4. Cudj oe Regional Wastewater Treatment Facility. 5. By July 1, 2021, and each year thereafter until 203 0,
, Monroe County shall identify canal restoration projects and
implementation plans for each canal project. Monroe County
shall provide a list of selected canal restoration projects to the
r-olleetion system and the Gentiral Area Department of Economic Opportunity by October 1st of each
Tr�,,„,,;r r; �r�;,,• _year to be completed during the following work program
, reporting period.
6. By July 1, 2021, and each year thereafter until 203 0,
Monroe County shall evaluate its canal restoration needs and
state and federal funding opportunities and apply annually to at
least one state or federal funding opportunity for canal
System and Cen4fal Afea Tfa an Mai restoration projects.
, 7. By July 1, 2021 and each year thereafter until 2030,
eonst.",lietion of Wa tew tef Tfeat,-,o:n.4, n„tef Afea Co leetion Monroe County shall annually evaluate and allocate funding for
�t and T SionMai* canal restoration implementation.Monroe County shall identify
any funding in the annual update to the Capital Improvements
Element CIE)of the Comprehensive Plan.
8. By July 1, 2021, the Department of Economic
conneetions le ° tP Clulipe Ppacxiofial Opportunity shall work with each stakeholder,including but not
limited to each local government, EPA, ALOE, DEP,
�u _ fet%IIe 500% of NOAA/FKNMS, SFWMD, to facilitate intergovernmental
coordination and review of alternative solutions, including
h-. By December 1, 2015, Monroe County shall complete reduced regulatory_ costs, for canal systems that are susceptible
remaining hook-ups to Cudjoe Regional WWTP. to receiving large inputs of seagrass and other accumulated
(d)Canal Restoration Implementation. organic material from near shore waters.
1.By December 30,2020,Monroe County and its partners 9. By July 1, 2022, and each ,year thereafter until 2030,
shall update the 2013 Canal Management Master Plan(COMP) Monroe County shall report which canal restoration projects
to include any updated water quality assessment of canals, a have been initiated and projects that were completed during the
methodology to prioritize need for water quality improvement, reporting period to the Department of Economic Opportunity
appropriate restoration options and revised canal rankings for submission to the Administration Commission.
based on new information. 10. By July 1, 2022, the Department of Economic
2. By December 30, 2020, Monroe County shall develop Opportunity shall work with each stakeholder,including but not
and adopt guidelines to select canals for restoration, including limited to each local government, EPA, ACOE, DEP,
a process to evaluate the feasibility of the project,the proposed NOAA/FKNMS,SFWMD,to facilitate the permitting approval
restoration design(evaluate long-term cost-effective solutions of the alternative solutions identified for canal systems with
and associated funding needs. accumulated organic material issues to substantially reduce
3. By December 30, 2020, and each year thereafter until those inputs to levels that do not contribute to eutrophication,
2030,the Department of Economic Opportunity shall work with hyppoxia, or other water and sediment quality issues within the
each stakeholder, including but not limited to each local canals.
Government, Environmental Protection Agency(EPA),United 11.By July 1,2023,Monroe County shall submit a plan to
States Army Corps of Engineers (ACOE), Florida Department assess the effectiveness of completed canal restoration projects.
4141
Florida Administrative Register Volume 46,Number 192, October 1,2020
The plan shall describe the methods, timeframes and potential SUMMARY: These rule amendments propose to delete
funding sources to monitor the effectiveness of restoration regulations of Hair Braiders, Hair Wrappers, and Body
projects based on water quality and ecological response factors. Wrappers.
Monroe County shall consult with the DEP Division of SUMMARY OF STATEMENT OF ESTIMATED
Environmental Assessment and Restoration to develop a cost- REGULATORY COSTS AND LEGISLATIVE
effective plan. The Department of Economic Opportunity will RATIFICATION:
coordinate review of the completed plan with the DEP.Monroe The Agency has determined that this will not have an adverse
County shall account for agency review comments and modifX impact on small business or likely increase directly or indirectly
the plan as necessary regulatory costs in excess of$200,000 in the aggregate within
12. Beginning 1, 2024, and annually thereafter until one year after the implementation of the rule. A SERC has not
2030, Monroe County shall assess the effectiveness of canal been prepared by the Agency.
restoration in accordance with the plan identified in The Agency has determined that the proposed rule is not
subparagraph 5)(c)11. The DEP will make monitoring expected to require legislative ratification based on the
information related to Keys water quality available to Monroe statement of estimated regulatory costs or if no SERC is
County to inform the assessment. required, the information expressly relied upon and described
S���a er Treat,-effit Faeili ties. herein:During discussion of the economic impact of this rule at
its Board meeting, the Board concluded that this rule change
will not have any impact on licensees and their businesses or
the businesses that employ them.The rule will not increase any
fees, business costs, personnel costs, will not decrease profit
opportunities, and will not require any specialized knowledge
to comply. This change will not increase any direct or indirect
regulatory costs.Hence,the Board determined that a Statement
lam* of Estimated Regulatory Costs (SERC) was not necessary and
ILF
that the rule will not require ratification by the Legislature.No
Rulemaking Authority 380.0552(9),380.05(22)FS.Law Implemented person or interested party submitted additional information
3 80.05 52 FS.History—New 6-17-11,Amended regarding the economic impact at that time.
Any person who wishes to provide information regarding a
NAME OF PERSON ORIGINATING PROPOSED RULE: statement of estimated regulatory costs, or provide a proposal
Christopher Spencer, Interim Secretary, Administration for a lower cost regulatory alternative must do so in writing
Commission. within 21 days of this notice.
NAME OF AGENCY HEAD WHO APPROVED THE RULEMAKING AUTHORITY: 477.016,477.025(2)FS.
PROPOSED RULE: Administration Commission. LAW IMPLEMENTED: 477.025, 477.0132(2), 477.019(4),
DATE PROPOSED RULE APPROVED BY AGENCY 477.0201(6)FS.
HEAD: September 22,2020 IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS
DATE NOTICE OF PROPOSED RULE DEVELOPMENT NOTICE, A HEARING WILL BE SCHEDULED AND
PUBLISHED IN FAR: June 25,2020. ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE
DEPARTMENT OF BUSINESS AND PROFESSIONAL PROPOSED RULE IS: Krista Woodard, Executive Director,
REGULATION Board of Cosmetology, 2601 Blair Stone Road, Tallahassee,
Board of Cosmetology Florida 32399-0783,Krista.Woodardgdbpr.state.fl.us.
RULE NOS.. RULE TITLES:
61 G5-20.004 Display of Documents
61G5-20.008 Employment of Applicants for Licensure as THE FULL TEXT OF THE PROPOSED RULE IS:
a Cosmetologist Prior to Licensure;
Employment of Applicants for Registration 61 GS-20.004 Display of Documents.
as a Specialist Prior to Registration (1)No change.
PURPOSE AND EFFECT: The rule amendments remove the (2)All holders of a cosmetology or specialty salon license
regulation of Hair Braiders, Hair Wrappers, and Body shall require and ensure that all individuals engaged in the
Wrappers from these Board rules. practice of cosmetology; or any specialty; haiF bnaiidiFflg, hair
�X X . Lgrl bod�, rg display at the individual's work
station their current license or registration at all times when the
4142
New Rule Work Program
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:
(2)Policy 101.2.13 Monroe County Work Program Conditions and Objectives.
(a) 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.
(c) 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
Economic Opportunity. 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 403.086(10),F.S.,and where treatment capacity
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.
(3)Reporting and Oversight.
(a) Beginning November 30, 2011, Monroe County and the Department of Economic Opportunity shall annually report to the
Administration Commission documenting the 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.
(b)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 County is governed by the requirements of Sections 381.0065(4) and
403.086(10),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(10),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. Highway One and the Florida Turnpike
in Homestead/Florida City.
(5)WORK PROGRAM.
(a)Carrying Capacity Study Implementation.
1. Prior to the County adopting a resolution recommending the removal of the designation of Monroe County as an Area of
Critical State Concern, pursuant to Section 380.0552(4)(b)3., F.S., Monroe County shall adopt the conservation planning mapping
(the Tier Zoning Overlay Maps and System)into the Comprehensive Plan as an overlay to the Future Land Use Map.
New Rule Work Program
2. By July 1, 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 to purchase Tier I and
Big Pine Key Tier II lands and the purchase of parcels where a Monroe County building permit allocation has been denied for four
(4) years or more. The report shall include an identification of all sources of funds and assessment of fund balances within those
sources available to the County and the Monroe County Land Authority.
3. By July 1, 2011, Monroe County shall evaluate its land acquisition needs and state and federal funding opportunities and
apply annually to at least one state or federal land acquisition funding opportunity.
4. By July 1, 2012, Monroe County shall enter into a memorandum of understanding with the Department of Economic
Opportunity, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony Beach and Layton 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.
5. By July 1, 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 Department of Economic Opportunity and each
municipality in the Keys.
6. By July 1, 2012, the County and the Department of Economic Opportunity shall update the data for the Florida Keys
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 County shall also evaluate and address
appropriate adjustments to the hurricane evacuation model within each Evaluation and Appraisal Report.
7. By July 1, 2012,the Department of Economic Opportunity 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 Economic Opportunity shall work with each local government to amend
the Comprehensive Plans to reflect revised allocation rates and distributions or propose rulemaking to the Administration
Commission.
8. By July 1,2013, if necessary,the Department of Economic Opportunity shall work with each local government to amend the
Comprehensive Plan to reflect revised allocation rates and distribution or propose 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 July 1, 2011, Monroe County shall evaluate its wastewater needs and state and federal funding opportunities and apply
annually to at least one state or federal funding opportunity for wastewater projects and connections.
(c)Wastewater Project Implementation.
1.Key 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.
2.Hawk's Cay,Duck Key and Conch Key Wastewater Treatment Facility.
By July 1,2014,Monroe County shall complete all remaining connections to Hawk's Cay WWTP.
3. South Lower Keys Wastewater Treatment Facility(Big Coppitt Regional System).
By July 1,2013,Monroe County shall complete all remaining connections to the South Lower Keys WWTP.
4. Cudj oe Regional Wastewater Treatment Facility.
By December 1,2015,Monroe County shall complete remaining hook-ups to Cudjoe Regional WWTP.
(d)Canal Restoration Implementation.
1. By December 30, 2020, Monroe County and its partners shall update the 2013 Canal Management Master Plan (COMP) to
include any updated water quality assessment of canals,a methodology to prioritize need for water quality improvement,appropriate
restoration options and revised canal rankings based on new information.
New Rule Work Program
2. By December 30, 2020, Monroe County shall develop and adopt guidelines to select canals for restoration, including a
process to evaluate the feasibility of the project, the proposed restoration design (evaluate long-term cost-effective solutions) and
associated funding needs.
3. By December 30, 2020, and each year thereafter until 2030, the Department of Economic Opportunity shall work with each
stakeholder, including but not limited to each local government, Environmental Protection Agency (EPA), United States Army
Corps of Engineers (ALOE), Florida Department of Environmental Protection (DEP), National Oceanic and Atmospheric
Administration (NOAA), Florida Keys National Marine Sanctuary (FKNMS), and the South Florida Water Management District
(SFWMD)to facilitate intergovernmental coordination and expedite review of canal restoration projects within the Florida Keys.
4. By July 1, 2021, Monroe County shall identify and evaluate funding sources for the implementation of canal restoration
projects and the continual operation and maintenance of canals post restoration.
5. By July 1, 2021, and each year thereafter until 2030, Monroe County shall identify canal restoration projects and
implementation plans for each canal project. Monroe County shall provide a list of selected canal restoration projects to the
Department of Economic Opportunity by October 1st of each year to be completed during the following work program reporting
period.
6. By July 1, 2021, and each year thereafter until 2030, Monroe County shall evaluate its canal restoration needs and state and
federal funding opportunities and apply annually to at least one state or federal funding opportunity for canal restoration projects.
7. By July 1, 2021 and each year thereafter until 2030, Monroe County shall annually evaluate and allocate funding for canal
restoration implementation. Monroe County shall identify any funding in the annual update to the Capital Improvements Element
(CIE)of the Comprehensive Plan.
8. By July 1, 2021, the Department of Economic Opportunity shall work with each stakeholder, including but not limited to
each local government, EPA, ALOE, DEP, NOAA/FKNMS, SFWMD, to facilitate intergovernmental coordination and review of
alternative solutions, including reduced regulatory costs, for canal systems that are susceptible to receiving large inputs of seagrass
and other accumulated organic material from near shore waters.
9. By July 1, 2022, and each year thereafter until 2030, Monroe County shall report which canal restoration projects have been
initiated and projects that were completed during the reporting period to the Department of Economic Opportunity for submission to
the Administration Commission.
10. By July 1, 2022, the Department of Economic Opportunity shall work with each stakeholder, including but not limited to
each local government, EPA, ALOE, DEP, NOAA/FKNMS, SFWMD, to facilitate the permitting approval of the alternative
solutions identified for canal systems with accumulated organic material issues to substantially reduce those inputs to levels that do
not contribute to eutrophication,hypoxia,or other water and sediment quality issues within the canals.
11. By July 1,2023,Monroe County shall submit a plan to assess the effectiveness of completed canal restoration projects. The
plan shall describe the methods, timeframes and potential funding sources to monitor the effectiveness of restoration projects based
on water quality and ecological response factors. Monroe County shall consult with the DEP Division of Environmental Assessment
and Restoration to develop a cost-effective plan. The Department of Economic Opportunity will coordinate review of the completed
plan with the DEP.Monroe County shall account for agency review comments and modify the plan as necessary.
12. Beginning July 1, 2024, and annually thereafter until 2030, Monroe County shall assess the effectiveness of canal
restoration in accordance with the plan identified in subparagraph (5)(c)11. The DEP will make monitoring information related to
Keys water quality available to Monroe County to inform the assessment.
Rulemaking Authority 380.0552(9), 380.05(22)FS.Law Implemented 380.0552 FS.History New 6-17-11,Amended 11-26-20.
CHAPTER 2021-195
Committee Substitute for Committee Substitute for
Committee Substitute for House Bill No. 59
An act relating to growth management; amending s. 163.3167, F.S.;
specifying requirements for certain comprehensive plans effective, rather
than adopted, after a specified date and for associated land development
regulations; amending s. 163.3177, F.S.; requiring local governments to
include a property rights element in their comprehensive plans; providing
a statement of rights which a local government may use; requiring a local
government to adopt a property rights element by the earlier of its
adoption of its next proposed plan amendment initiated after a certain
date or the next scheduled evaluation and appraisal of its comprehensive
plan; prohibiting a local government's property rights element from
conflicting with the statement of rights contained in the act; amending
s. 163.3237, F.S.; providing that the consent of certain property owners is
not required for development agreement changes under certain circum-
stances; providing an exception; amending s. 337.25, F.S.; requiring the
Department of Transportation to afford a right of first refusal to certain
individuals under specified circumstances; providing requirements and
procedures for the right of first refusal; amending s. 380.06, F.S.;
authorizing certain developments of regional impact agreements to be
amended under certain circumstances;providing retroactive applicability;
providing a declaration of important state interest; providing an effective
date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Subsection (3) of section 163.3167, Florida Statutes, is
amended to read:
163.3167 Scope of act.—
(3) A municipality established after the effective date of this act shall,
within 1 year after incorporation, establish a local planning agency,
pursuant to s. 163.3174, and prepare and adopt a comprehensive plan of
the type and in the manner set out in this act within 3 years after the date of
such incorporation. A county comprehensive plan is controlling until the
municipality adopts a comprehensive plan in accordance with this act. A
comprehensive plan for a newly incorporated municipality which becomes
effective �e�e� after January 1, 2016 �9, and all land development
regulations adopted to implement the comprehensive plan must incorporate
each development order existing before the comprehensive plan's effective
date, may not impair the completion of a development in accordance with
such existing development order, and must vest the density and intensity
approved by such development order existing on the effective date of the
comprehensive plan without limitation or modification.
1
CODING: Words are deletions; words underlined are additions.
Ch., 2021-195 LAWS OF FLORIDA Ch, 2021-195
Section 2. Paragraph (i) is added to subsection (6) of section 163.3177,
Florida Statutes, to read:
163.3177 Required and optional elements of comprehensive plan;
studies and surveys.
(6) In addition to the requirements of subsections (1)-(5), the compre-
hensive plan shall include the following elements:
(01. In accordance with the legislative intent expressed in ss.
163.3161(10) and 187.101(3) that governmental entities respect judicially
acknowledged and constitutionally protected private property rights, each
local government shall include in its comprehensive plan a property rights
element to ensure that private property rights are considered in local
decisionmaking. A local government may adopt its own property rights
element or use the following statement of rights,
The following rights shall be considered in local decisionmakin
1. The right of a property owner to physically-possess and control his or
her interests in the property, including easements, leases, or mineral
rights.
2. The right of a property owner to use, maintain, develop, and
improve his or her property for personal use or for the use of any other
person, subject to state law and local ordinances.
3. The right of the property owner to privacy and to exclude others
from the property to protect the owner's possessions and property.
4. The right of a property owner to dispose of his or her property
through sale or gift.
2. Each local government must adopt a property rights element in its
comprehensive plan by the earlier of the date of its adoption of its next
proposed plan amendment that is initiated after July 1, 2021, or the date of
the next scheduled evaluation and appraisal of its comprehensive plan
pursuant to s. 163.3191. If a local government adopts its own property rights
element, the element may not conflict with the statement of rights provided
in subparagraph 1.
Section 3. Section 163.3237, Florida Statutes, is amended to read:
163.3237 Amendment or cancellation of a development agreement.—A
development agreement may be amended or canceled by mutual consent of
the parties to the agreement or by their successors in interest. A party or its
designated successor in interest to a development agreement and a local
government may amend or cancel a development agreement without
securing the consent of other parcel owners whose property was originally
subject to the development agreement, unless the amendment or
2
CODING: Words S1t:qLri%eJLr%-. are deletions; words underlined are additions.
Ch. 2021-195 LAWS OF FLORIDA Ch. 2021-195
cancellation directly modifies the allowable uses or entitlements of such
owners' property.
Section 4. Subsection (4) of section 337.25, Florida Statutes, is amended
to read:
337.25 Acquisition, lease, and disposal of real and personal property.
(4) The department may convey, in the name of the state, any land,
building, or other property, real or personal, which was acquired under
subsection (1) and which the department has determined is not needed for
the construction, operation, and maintenance of a transportation facility.
When such a determination has been made, property may be disposed of
through negotiations, sealed competitive bids, auctions, or any other means
the department deems to be in its best interest, with due advertisement for
property valued by the department at greater than $10,000. A sale may not
occur at a price less than the department's current estimate of value, except
as provided in paragraphs (a)-(d). The department may afford a right of first
refusal to the local government or other political subdivision in the
jurisdiction in which the parcel is situated, except in a conveyance
transacted under paragraph (a), paragraph (c), or paragraph (e). Notwith-
standing any provision of this section to the contrary, before any conveyance
under this subsection may be made, except a conveyance under paragraph
(a) or paragraph (c), the department shall first afford a right of first refusal
to the previous property owner for the department's current estimate of
value of the property. The right of first refusal must be made in writing and
sent to the previous owner via certified mail or hand delivery, effective upon
receipt. The right of first refusal must provide the previous owner with a
minimum of 30 days to exercise the right in writing and must be sent to the
originator of the offer by certified mail or hand delivery, effective upon
dispatch. If the previous owner exercises his or her right of first refusal, the
previous owner has a minimum of 90 days to close on the property. The rim
of first refusal set forth in this subsection may not be required for the
disposal of property acquired more than 10 years before the date of
disposition by the department.
(a) If the property has been donated to the state for transportation
purposes and a transportation facility has not been constructed for at least 5
years, plans have not been prepared for the construction of such facility, and
the property is not located in a transportation corridor, the governmental
entity may authorize reconveyance of the donated property for no con-
sideration to the original donor or the donor's heirs, successors, assigns, or
representatives.
(b) If the property is to be used for a public purpose, the property may be
conveyed without consideration to a governmental entity.
(c) If the property was originally acquired specifically to provide
replacement housing for persons displaced by transportation projects, the
department may negotiate for the sale of such property as replacement
3
CODING: Words are deletions; words underlined are additions.
Ch. 2021-195 LAWS OF FLORIDA Ch. 2021-195
housing. As compensation, the state shall receive at least its investment in
such property or the department's current estimate of value, whichever is
lower. It is expressly intended that this benefit be extended only to persons
actually displaced by the project. Dispositions to any other person must be
for at least the department's current estimate of value.
(d) If the department determines that the property requires significant
costs to be incurred or that continued ownership of the property exposes the
department to significant liability risks, the department may use the
projected maintenance costs over the next 10 years to offset the property's
value in establishing a value for disposal of the property, even if that value is
zero.
(e) If, at the discretion of the department, a sale to a person other than an
abutting property owner would be inequitable, the property may be sold to
the abutting owner for the department's current estimate of value.
Section 5. Paragraph (d) of subsection (4) of section 380.06, Florida
Statutes, is amended to read:
380.06 Developments of regional impact.
(4) LOCAL GOVERNMENT DEVELOPMENT ORDER.
(d) Any agreement entered into by the state land planning agency, the
developer, and the local government with respect to an approved develop-
ment of regional impact previously classified as essentially built out, or any
other official determination that an approved development of regional
impact is essentially built out, remains valid unless it expired on or before
April 6, 2018, and may be amended pursuant to the processes adopted by the
local government for amending development orders. Any such agreement or
amendment may authorize the developer to exchange approved land uses
subject to demonstrating that the exchange will not increase impacts to
public facilities. This paragraph applies to all such agreements and
amendments effective on or after April 6, 2018.
Section 6. The Legislature finds and declares that this act fulfills an
important state interest.
Section 7. This act shall take effect July 1, 2021.
Approved by the Governor June 29, 2021.
Filed in Office Secretary of State June 29, 2021.
4
CODING: Words are deletions; words underlined are additions.
r� ��'�; ���,��' � BOARD OF COUNTY COMMISSIONERS
Countyof �s,��f��.,,.,�
,,
"✓J' '4f' M1 Mayor Michelle Coldiron District 2
• '�%% �;� � ' ' � Mayor Pro Tem David Rice District 4
%/ '� f Y
The Florida Keys ,��J ,,�„�` �4 � �,w ,
Craig Cates,District 1
Eddie Martinez District 3
Mike Forster,District 5
County Co ssion Meeting
July 21, 2021
Agenda Item Number: K.6
Agenda Item Summary #8411
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 292-4441
N/A
AGENDA ITEM WORDING: Discussion and direction to process Comprehensive Plan and Land
Development Code amendments to facilitate the elevation (lifting up) of lawfully-existing residential
dwelling units by waiving or reducing certain setback and open space requirements, to allow
necessary improvements to provide access (stairs, ramp, etc.) to a house elevated above base flood
level to reduce the risk of future flood damage.
ITEM BACKGROUND: On September 10, 2017, Hurricane Irma made landfall near Cudj oe Key
as a Category 4 Hurricane with maximum sustained winds of 130 mph and flooding occurred in
various neighborhoods. Hurricane Irma caused significant damage throughout the Florida Keys,
particularly to structures built prior to the upgraded Florida Building Code adopted after Hurricane
Andrew, to non-elevated structures and to mobile homes.
To provide additional protection to residents that reside in mobile homes in flood hazard areas,
reduce the repeated impacts by flooding, and enhance public health, safety and welfare, the County
already adopted an amendment to eliminate the ability for a mobile home to be placed at an
elevation below base flood elevation.
Further, the County has embarked on proactively assisting property owners with voluntary
elevations through FEMA funded grant programs. In order to encourage participation in proactive
flood mitigation projects, such as elevations, staff are recommending the BOCC consider allowing
owners to elevate their homes, in place (within the existing footprint of the house), without the need
for variances to setbacks, etc. If a house was built before current code requirements for setbacks and
open space, it is possible the house location on a site is currently nonconforming, and the current
code requires that structures undergoing substantial improvement, where work equals or exceeds 50
percent of the structure's market value, be fully rebuilt to the current code (come into compliance
with current requirements).
The County should consider if additional amendments are needed to provide allowances within
certain setback and open space requirements, to allow elevations and eliminate impediments to
elevating lawfully-existing residential dwelling units, not including mobile homes, above base flood
level to reduce future flood damage. This is particularly important, in light of the impacts of
Hurricane Irma, the County's better understanding of the flood risks associated with structures below
base flood elevation, the opportunity for property owners to reduce their insurance premiums by
elevating homes, and the County's ongoing participation in numerous recovery, post disaster and
resiliency programs. Further, as the County begins elevating roadways and improving drainage in
low lying neighborhoods, it is important to encourage private property owners to elevate their
homes.
Property owners may self-fund improvements to their homes to elevate above base flood levels and
there may be additional funding opportunities with the County participating in several grant
programs to provide for the mitigation of flood risks, such as:
• FEMA Hazard Mitigation Grant Program (HMGP) for mitigation measures
• Flood Mitigation Assistance (FMA) Grant Program to reduce or eliminate the long-term risk
of flood damage
• Rebuild Florida Program to demo, repair, reconstruct and elevate primary homes
Considering these programs, and the County's current effort to prepare for the upcoming FEMA
Flood Mitigation Assistance (FMA) Grant Program (typically federal funding is available for up to
75 percent of the eligible activity costs) and similar funding opportunities, the County should
consider what steps it can take to further facilitate reducing the risk of future damage, hardship, loss,
or flood damage within the community.
Staff is looking for direction for processing Comprehensive Plan and Land Development Code
amendments to further enable elevating lawfully-existing residential dwelling units, not including
mobile homes, above base flood level, as follows (draft language only):
Notwithstanding ii in Policy
Chapter 130 of the Land Development Code and the minimum required
setbacks in Chapters 130 and 131 of the Land Development Code, lawfully-
existing resi i t dwelling unit'. including mobitelevated
levelabove base flood to reduce flood damage, pursuant to.-
•
lawfully-existingIli i maintain its existing
open space, even if nonconforming, i is elevated
within i i l (existing) footprint
requirements• Setbacks and open space i
improvements to a dwellingi ing retrofitted by elevatingi
meet or exceed flood levels. The necessary improvements are limited
i (stairs, ramps, landings'. .). The
waiverishall minimum i
structure that is in compliancei irequirements.
• Side and rear setback, requirementsiallow accessory
equipmentelevated platforms above base flood for (mechanical, plumbing
and electrical systems, appliances and components) situated
maintained(2) feet from the side yard property line or at least five (5) feet from the
rear yard property line. In no event shall the total combined area of all
accessory structures occupy more than 80 percent (80%) of the requIred
side yard setback area or 60 percent (6091o") of the required rear yard
setback area.
• Maximum shoreline setbacks are to be in no event shall a
,
parcel,shoreline setback be less than ten (10) feet from mean high water.
• The improvements shall be constructed to avoid off-site discharge of
stormwater from the subject in accordance with Section 114-3 of
Policythe Monroe County Land Development Code.
• This i
additions,adjacent to wetlands (see Policy 203.1.2 and Policy 204.2.5) and does not
authorize any encroachments to a conservation easement.
• This Policy does not restrict a property owner from proposing other
additions or improvements to the elevated house, as long as the
violationenlargements, expansions, and extensions do not create a nonconformity
or cause a further existing nonconformity.
In reviewing the Comprehensive Plan and Land Development Code to identify potential areas that
may impact elevating a lawfully-existing residential dwelling unit above base flood level to reduce
flood damage, staff has identified setbacks, in particular, as an area to evaluate.
Example of setback standards:
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the
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� � y�✓w��' 1V i ;/d�!^�F,r�JVi'j`'�,[/✓�'rf�f/J,,,,ai�r��l/,�rj1 i/u�/f��!✓"'dr�p,/l,F; _,_.____'_._
not impact setback. r ���, ���r;r,l,,,,��,,��✓ �✓r r� Ho/use Wilt t the ra and rear
w pm l!!+�/iiP!a✓'fpl Nli!!��1,n�/r✓�'d A�wl'ft
setback-
'Desired
�f^�°/!✓'�V" yr
4 N ar a'Ufl/ Uf/'p//r 'JII V+rr a ��r I✓/' k-
`Desired im provements' � ��r✓����r�✓�,"�r�W��P,l���r�rvl,!/F�'�°��'�� �'°�'�,,✓�,
�� ,
wrn I J li'!iu !
ro osed within the �l ���louselevatedanid t ilr �and
p p ,(r f landinig
n 1Vr !.,,Fyn
l��p it''dv'd�n��'✓r!�!���'��!�'r�ard dd�Y rml�,d V��fr'r��u��'*4 r✓d pmrNi`��✓'r��d y�rr✓ ig'`�s ✓'�i(t�g�%., with� . yi ad{-eW p e„ 'o nsetbacks Not �l/
� ��F✓gym„„rr"M /�Ul�r✓p�pn,c'�r'JJ`'1,��i �I�,��`/�✓,!d,Y n/�!ip/ ,�r�d,r�r��,! p" o
,dl
permissible.
i�p°rr/f✓I✓�✓✓f r�u�f T r�rld�gt`�i r ' s'M.mba(-..k.
` � '�i`✓9r„ I
Nonconformity created. Do NOTpermit�b/c expansion
No amendment
proposed.
setback?"?
d Y
E . 10ft
00ft
POW
w N
House conforming and
the necessary
improvements to the _
M .' —IA00SF
elevated house DO
0 p+
M ✓,+
M ya?rx 1%!N��✓'`'°✓v'Ikr-�N'�,✓"i y use u,l t tumo nt andd rear
impact setback
� t�r��,✓�r� ,t�
r d�+� d�` ��d���r ` `fir^f;���✓��d+r! �A.,r r 7r�,xrdr y.
Nonconformity created � �r,r';l�y,��, �,,z��,��� �����„��r�,,lu,, M
M /�i„ o Y
r
N r�✓`��r r r l�ra�' p
but necessaryto access NNYC House +��,lr'� X ���� ,� � ��� 1�and �Y� Y�wm����
N m,J.o/r J T! „d`1r J! d' iV r i ww '"i a
the home �,�,, ��� g rqt:ul
d r '✓�e W w
W Jif'V'V,A'/✓ rr�✓ri°'✓✓'r I/�ri I,l�it;u, /',,,:r�1�r`✓'J a Selft ,`4 ��e U �'"�Y.���Ii+��`�:I Ii s:�
Amendment needed to �✓"✓�a�!ry �,r",r `,�,�u r ��l
l f k r 0 i r r tG i L ' :, Y ,VN. d
/ //%/ n 1 u
allow without a
Y Y. �a���,
w
M
W Y
variance approval. w
N q
th
X 9
a y„
W N
............
W Y
1 1
'W W,w J II� ��u i, I� Ni.r WN,I W W
..m
W W
wf I N'N (D WWI W W lll°
W W
ry I
F"a. ro%r•r' Y Y
W W
W r„ul n Y IVI llr I 1RI"IIUII/I��IUfr W l, LII 4r
W f r JlU PI �I Jl � 7�l �111 vY Pr, W
rw � i,yl(I Urlr�,JIJr���/�J: �ull�/�i"�r�u If'r��LIJL/�pr i� d,.",���� � u"v �ri. ��
...,,,..m ®w., ���„w,... ®. • �.., ,„ ,7U IyU• �•+y ly,�1y� II 11 1 " ��, ®. -®.� ' �r�Ilplrgl Illf�ly+1J'rauu1�111'( ;'r i� fl,fir ,1� .� _ ®, ! I �'
W "Julllll11"l1 JlrrlJl Ir/11�d l r�JJ�r iiU11I+,11uf{ s — : '
Y �!r l a �u� �
J �)!°r�IIII IIUIII UPS lJrlr1 IJI/lllllp�r'�� ' II�J i z'°„." 'H 'i�IreM4r1 Vr•W''i�I. W ��
r
ru 1� l/III Ify1111r 11r111P�IJl1r(�/U j° liIIII°full l iYJ µ �II..liII
�1 JJ 'd I u 11 I"J!` W
W l !`° �' J111yul rrJy4 W fro ILL,'mt c��W,
���a1/rJ',�r II` r� I � yly7lr`1�17/�Jl�� Y. �u�u I rer r
U P � ➢ f Wr
" JI�l 1 VIA y III yy�
f ur Id 1 1 rI re mr Yl rtI,W Y l 14 W
W f r1l'v,�(fr rrr�r D p s g J�
�I�'`r a II
po/
(r�U.itof➢U rri�u'Y
i r�00I
77
rr �lll IIIIa
0" f
a01 °°JIIUluyil lldlllll�I"°rill°+�I°°null"�IUu°r IIU a°'r'IU° W
_Ao_
Y Y
}
W W
W W
W W
Y Y
w
W
W W
W W
Y Y
W W
.III
�R QN1
House already
nonconforming and the
necessary improvementsw d Y
W I
W` Y 'HOLIse
to the elevated house DO -
W �' 't F
W / i / /
1 rk ly�re #1 ,U 1/ j WI/ lO y
r J � ;rr r
impact setback (I �yrA
I�
r f
� y u/1/I✓ /U�u ullr J/U/// r �7r �/Jyu% P//l r I I
// /r
Nonconformity expanded W. (,r�,r �,I,; /nr , ,Ir ;��r� III ��� � frl
Y p WI P rJl� rPf P //// /f�r ✓ ✓/ ur III
�+�,ol r ejr / 0 , rG nr/
'+ / 1 �11 m +' .N a,y,U y d/�,I c`" N y g
but necessary to access `„ r ,r,,, � �� Q� III r �l mm�yW' r// /I, U �, P /r/rV !; W�V V '•0 U re,.
�I r ��,�.., IP'?3Y Ifs.. w r III
,i / a N { G� r r 6�I���..1
„/// r/'/r// ul I14.���� �� �,I..�IW III mi I r �,,.a tv v
�?
the home I�lar,�I��4 J�f D IlP � u r o u
■ �/ r 1 J/.1x
X° l d/r rr r//r r/r(" r
Amendment needed to ///'�l/i;y%/�y/ 001
r D' » l {+�r{,�. +r irfi House e-va e ili"WI��I�
he rrr�rrN i,l r/r r�//r ri, rr� r/��/ ,,y Irrlr r1�8; r r+?r+ rv�rr q we�,�Ilor�lmn;j I��rµ Y ���
''iryJ+//%lrrP/ i %/rr��r�rYJ i/l'l/!,'dtla(lrr!i///`rN,L"�,.sV%",r�D,++ii :w",'W^���I ros agil�i� I�Iv"m^N){YU.UIXJIIN;Y� I�III'u'�����J�I��
allow without a w; ,II f!//J,/i%If)fr n+r rcr !�/rIli ru�P s�l'�P r���/J rIr r r,ilY it{w+ I�IIII�W'.oYa� .s to"re�I...'i I re', �W,W�w�I YI.1,
variance approval.
A' 1
Y
Wi W I
W
W
XW W
W� W
A, W
,� "
House already Y" W
YI, uy
W �Y
� YY
Y,. W
nonconforming and the Ho42t,use
necessary improvements w° A � _ °p°I
4 70 S F
Y� �W
W W
Y, �Y
to the elevated house DO
yr �I' 7pG W' rr r✓f I it rr'Il,e Pr/yr+Il+n�v��>f%�PGIY�dlll`u�Jlyre�m rJrrr v 'r, uI%lL,wI",UW'�' 1"rW xi
W P IYf bra�� r i' v! ! u ,� J r House I
.,:"Wre.„m,:"•. „•�.,�:, •.,.+r ++ �%+���'iJr rd I J r( J�e��v"�f+JOIN"J,��IU I�"T,r' 1�11r�i ,,,.,•.,,., Y�....,m„...•,.. ' �,.
a 4.
4��I;��w Yg�"lu rr,lf// r( I'�!f/ wl
rr r» 11 lid/Ir;l rr F /J19y�P.. �J L.�llv wY,"N
impact setback. '�
Y / r r r7 di P r P 1��IIJ+I l r%/ fr r Wr I W
d +' f;i+r
Y
a"JrlrP Olr1 ell f llr 1lf aryl yr P IJ r U J UY vI w C� I I��
ua a ill r^J frill T(%Y�IN�I r1 1 eJ' rfP rP/iryl/rU I�/11/ G Imo'.vi�I 'Nu 19""N
Nonconformity expanded
�Pf ,Ir rl+( Ir ,r�l W
Y p :$ ` n P m Yyl°�(� »I /I/r PI INu° rW, "Ii iJ Ire �r reI a Ir r ry l W y�a e,
Mr ,rF rIN t'' d�' IIIAm n Pa,, c w ,� �Wl WrI'Y,+VY+V� ���W'III�II ,'+U�Y�
wr aw 1 lP Nu'i/i( ,' ,r J y IW
/(! rrP { rl/ F
but necessary to accessI �� �'° �D
the home. YW ��r � r ° r p .�
N `r' rr T lu,1 Jr du' Jul rd'l iY�ll/ 11 i�/1� '�VIV' (�M�� A s��� I, d'• III�"
P v
Wa. 0 f11, i; rIP ? (r,1l rYr!,Ir V r r f/�/,iG+.P,a r." ..�T I '""f�II...,,�Il Yd-^�u v II,
Amendment needed to ���„�,Jt �'�P,'�'4r or,
r''rl� ���I�II� �" r � ��� ���.
Y, N r>" ra q(J/' JlJ r rII 11 /(+ /r r r�¢ V� ,. II�����1 rtR I P�r ll�,rl ,u mm���� I�1
on $ /' ri i / u J l rl
IL N y dill" > r / C
■ ■ �
allow without a variance Y +� r,
Ir w IW
Y 4
approval.
Yr A
Y« W
Y% r�
YI= W
Nr A
Y IW
�,; IY
House conforming and
the necessary t
improvements to the
elevated house DO
impact setback.
Nonconformity created
J "�w ���� �I'i IIIIU rW���IIII- �I'U�`��ir11 1 M
but necessary to access
p, ,� !`��tl
the home.
II
H )t)i�ram�)ppuluu�xww�vi�s�w�p�r �4kwr�r,,
Amendment needed to L i 1 ���r r���ll�«m u��l�����;a�,°n�l� u„iii ;tfjrria
y
�I� a �,;, °� r �.,,�
allow without a �� �u MM MMMMM wMd rim�w�mmul� . I ww u�M� alkill
variance approval.
r u
i
����IIIII��IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
....
N Oft,
House conforming and
the necessary , i
r
W
improvements to the
M �
elevated house DO � P�
�m�ytiy 3
� 0 0S gy
v J�impact setback. /Jf 0, 0J
1°V 4b,
L1jU�rr�r trlr'ylr�U n�,7 «`r it/IVirU y,i API.:
J;)ffl y Y .
f M r A 1Hou� �Nonconformity created
I'11 �° ;� f
�IYw'gM�r 1 ,Y ! ,b dyii
yl"�1.1 i ll' %J I 11, , IK fy��II ���;�,�-gy p q�
but necessary to access �� g III +IIIIIIIIII %r0111
l f&�6�L_ �i&in g
l 9 P a
w" II JJII !u �
the home. N ,I;IIIIIyYr+ll,lll r) rr sr �, .
J�'ul�d,Ildl
rU� IIII IIr1111I Ji11111�Plliyil r IY�lid Yllri r�,4r nUVi U1r� ii d r;.
il! r'I���r"yllrlll�I���II�I�r��1f��1J)r�Dlr�O�Jdl���6 yliU���NUUIYIr�IY�"rdf)UUhry r'y1�u' „
Amendment needed to y „ya ;flll7llll lly ly)rlI r rA ;11, ,r r116"'10, ji Yjq jj , oijse ale,e t'ed a� �.,
r l r y nr i/rl it yIII p� p
' 47'�,.,� .__ j'„I✓ ✓,l ,I� ; �;,, �Y1i1 ul J�.__,�,.., _._ iU��� I'%G:'.k^II'k IV �I��U�II�.ff l'��r�lfi YI'M a�����M(��[ �,�«i'U���II��v i,i s-
allow without a �
variance approval.
,,.. �J A
R ........... �
0'a ft,
v�
House conforming but
---------------------------------
owner proposed
`desired improvements'
W �w . .�rr��.
of a wraparound porch ��rr.� W�,�rr. rr �,�.W�mrr rr ro� ,�
y v lr,r, rr -r yf
��� '0 ft x 35ft,=1 IsF°
within the setbacks Not �'���'''������ I
J r �/P w
r r Jr� r �
' '� rr 4�9�r�t����n r✓'rlr r�Irr� `F��'°rr ,ry yw°'�'�uu
P01,r �,� �r, House built:t t °1 N' nt e nd rear'
permissible
d
seffia
f f
Nonconformity created. 3,5"ft I'll,
uu o elevated d31,,
Owner can propose ;r y ���Y p l �����..n porch an
I z it t/"rJ ri rr qr r I
d front and
access improvements in r rJr rle
» a
,,,y ,, ��, , � to � �
r
�W r���.��rr�w�N,M a��rr w��W a.�ll, � AM-1-1 �3e ffiPc s.
compliance with KI'ot tf-e rn4nin-wry-t nexle sar to
setbacks.
No amendmentIt
Of
PotentiffalExan2pLaCom reftensive.PlanAmendments.:
Objective 101.5 Monroe County shall regulate future development and redevelopment
to maintain and enhance the character of the community and protect natural resources
by providing for the compatible distribution of land uses consistent with the designations
shown on the Future Land Use Map.
Policy 101.5.34
Notwithstanding the open space provisions set forth in Policy 101.5.25 and Chapter
130 of the Land Development Code and the minimum required setbacks in Chapters
130 and 131 of the Land Development Code, a lawfully-existing residential dwelling
unit, not including mobile homes, may be elevated above base flood level to reduce
flood damage, pursuant to:
• The lawfully-existing dwelling unit structure is elevated within the original
(existing) footprint of the structure.
• Setbacks and open space requirements are waived to allow necessary
improvements to a dwelling unit being retrofitted by elevating the unit to meet
or exceed flood levels. The necessary improvements are limited to
ingress/egress structures (stairs, ramps, landings, elevators, etc.). The waiver
provided shall be the minimum necessaryprovide access to the structure
that is in compliance with fire code requirements.
• Side and rear setback requirements are waived to allow accessory elevated
platforms above base flood for equipment (mechanical, plumbing and
electrical systems, appliances and components) situated at least two (2) feet
from the side yardproperty line or at least five (5) feet from the rear yard
property line. In no event shall the total combined area of all accessory
structures occupy more than 80 percent (80%) of the required side v
setback area or 60 percent (60%) of the required rear yard setback area.
• Maximum shoreline setbacks are to be maintained and, in no event shall a
shoreline setback be less than ten (10) feet from mean high water.
• The improvements shall be constructed to avoid off-site discharge of
stormwater from the subject parcel, in accordance with Section 114-3 of the
Monroe County Land Development Code.
• Development shall maintain compliance to the maximum extent practicable,
as determined by the Planning Director.
• This Policy does not waive anrequired minimum vegetated setbacks
adjacent to wetlands (see Policy 203.1.2 and Policy 204.2.5) and does not
authorize any encroachments to a conservation easement.
• This Policy does not restrict a property owner from proposing other additions
or improvements to the elevated house, as long as the additions,
enlargements, expansions, and extensions do not create a nonconformity
cause a further violation to an existing nonconformity.
Objective 101.9 Monroe County shall eliminate or reduce the frequency of structures
which are inconsistent with the applicable provisions of the land development
regulations, zoning districts, Future Land Use categories and the Future Land Use Map.
In Monroe County, some nonconforming structures are an important part of the
community character and the County desires to maintain such character and protect
these lawfully established, nonconforming structures and allow them to be repaired or
replaced.
Policy 101.9.1
Substantial improvement is defined as any repair, reconstruction or improvement of
a structure, the cost of which equals or exceeds fifty percent of the pre-destruction
market value of the structure. Improvements to historic structures, and
improvements to meet health, sanitary or safety code specifications are not
considered substantial improvements.
Policy 101.9.2
Enlargements and extensions to lawful nonconforming structures outside of the
Mixed Use Commercial Fishing District or a Community Center Overlay shall be
allowed, provided that:
1. the improvement does not constitute a substantial improvement;
2. a nonconforming use is not located in the nonconforming structure; and
3. the nonconformity is not further violated.
Policy 101.9.3
A nonconforming structure, other than a locally or nationally registered historic
structure, shall not be moved unless it thereafter shall conform to the applicable
provisions of the Monroe County Code.
Policy 101.9.4
With the following exceptions, nonconforming structures which are damaged or
destroyed so as to require substantial improvement shall be repaired or restored in
conformance with all applicable provisions of the current Monroe County Code.
Substantial improvement or reconstruction of nonconforming single-family dwellin
units homes shall comply with the setback and open space provisions set forth in
Policy 101.5.25 and in Chapters 130 and 131 of the Monroe County Land
Development Code except where strict compliance would result in a reduction in lot
coverage as compared to the pre-destruction footprint of the dwelling unit . In
such cases, the previously approved open space ratio shall be applied; and the
maximum shoreline setback shall be maintained and in no event shall the shoreline
setback be less than ten (10) feet from mean high water.
To further recovery, post disaster and resiliency, notwithstanding. the open space
provisions set forth in Policy 101 .5.25 and Chapter 130 of the Land Development
Code and the minimum required setbacks in Chapters 130 and 131 of the Land
Development Code, a lawfully-existing residential dwelling unit, not including
mobile homes, may be retrofitted to elevate the structure above base flood level to
reduce flood damage, pursuant to:
• The lawfully-existing dwelling unit may maintain its existing setbacks and
open space, even if nonconforming,provided the structure is elevated within
the original footprint of the structure.
• Setbacks and open space requirements are waived to allow necessary
improvements to a dwelling unit being retrofitted by elevating the unit to
meet or exceed flood levels. The necessary provements are limited to
ingress/egress structures (stairs, ramps, landings, elevators, etc.). The
waiver provided shall be the minimum necessary to provide access to the
structure that is in compliance with fire code requirements.
• Side and rear setback requirements are waived to allow accessory elevated
platforms above base flood for equipment (mechanical, plumbing and
electrical systems, appliances and components) situated at least two (2) feet
from the side yard property line or at least five (5) feet from the rear yard
property line. In no event shall the total combined area of all accessory
structures occupy more than 80 percent (80%) of the required side yard
setback area or 60 percent (60%) of the required rear yard setback area.
• Maximum shoreline setbacks are to be maintained and, in no event shall a
shoreline setback be less than ten (10) feet from mean high water.
• The improvements shall be constructed to avoid off-site discharges
stormwater from the sub%parcel, in accordance with Section 114-3 of the
Monroe County Land Development Code.
• This Policy does not waive anrequired minimum vegetated setbacks
adjacent to wetlands (see Policy 203.1.2 and Policy 204.2.5) and does not
authorize any encroachments to a conservation easement.
• This Policy does not restrict a property owner from proposing other
additions or improvements to the elevated house, as long as the additions,
enlargements, expansions, and extensions do not create a nonconformity
cause a further violation to an existing nonconformity.
Potential Exa
Sec. 102-57. Nonconforming Structures.
(a) Authority to continue. A nonconforming structure devoted to a use permitted in
the land use (zoning) district in which it is located, or devoted to a nonconforming
use with authority to continue pursuant to Section 102-56, may be continued in
accordance with the provisions of this section.
(b) Ordinary repair and maintenance. Normal maintenance and repair of
nonconforming structures registered in accordance with section 102-55 may be
performed.
(c) Enlargements, expansions, and extensions. Lawful nonconforming structures
that are used in a manner conforming to the provisions of this Land Development
Code and the Comprehensive Plan may be enlarged, expanded, or extended,
provided that:
(1) The improvement does not constitute a substantial improvement;
(2) A nonconforming use is not located in the nonconforming structure; and
(3) The nonconformity is not further violated.
(d) Relocation. A nonconforming structure, other than a historic structure listed on the
National Register of Historic Places, the Florida Inventory of Historic Places, and/or
designated as historic by the BOCC, shall not be moved unless it thereafter shall
conform to the regulations of the land use (zoning) district in which it is relocated.
(e) Termination, Damage or Destruction and Retrofits.
(1) Abandonment. Where a nonconforming structure is voluntarily abandoned for
18 consecutive months, then such structure shall be demolished, removed or
converted to a conforming structure.
(2) Damage or destruction.
a. A nonconforming structure that is damaged or destroyed to the extent of
less than 50 percent of the fair market value of such structure may be
restored as of right if a building permit for reconstruction is issued within
six months of the date of the damage (such damage or destruction may be
voluntarily or due to natural phenomena whose effects could not be
prevented by the exercise of reasonable care and foresight).
b. Except as provided in section 135-5, chapter 122 in regard to mobile
homes, and section 130-163, any nonconforming structure that is
damaged or destroyed so as to require substantial improvement may be
repaired or restored only if the structure conforms to the provisions of the
land use (zoning) district in which it is located. Fair market value shall be
determined by reference to the official tax assessment rolls for that year or
by an appraisal by a qualified independent appraiser. The extent of
damage or destruction shall be determined by the building official, in
consultation with the Planning Director, by comparing the estimated cost
of repairs or restoration with the fair market value.
c. Substantial improvement or reconstruction of nonconforming single-family
dwelling unitsr^n;^'^nc^n shall comply with all applicable setback and open
space provisions of this Land Development Code set forth in chapters 130
and 131 except where strict compliance would result in a reduction in lot
coverage as compared to the pre-destruction footprint of the dwellin
unit . In such cases, the previously approved open space ratio shall
be applied; and the maximum shoreline setback shall be maintained and in
no event shall the shoreline setback be less than ten (10) feet from mean
high water.
(3) Elevation Retrofits. To further recovery, post disaster and resiliency,
provided in Policy 101.9.4, a lawfully-existing residential dwelling unit, not
including mobile homes, may be retrofitted to elevate the structure above base
flood level to reduce flood damage, pursuant to:
a. The lawfully-existing dwelling unit may maintain its existing setbacks and
open space, even if nonconforming, provided the structure is elevated
within the original (existing) footprint of the structure.
b. Setbacks and open space requirements are waived to allow necessary
improvements to a dwelling unit being retrofitted by elevating the unit to
meet or exceed flood levels. The necessary improvements are limited to
ingress/egress_ structures (stairs, ramps, landings, elevators, etc.). The
waiver provided shall be the minimum necessaryprovide access to the
structure that is in compliance with fire code requirements.
c. Side and rear setback requirements are waived to allow accessory
elevated platforms above base flood for equipment (mechanical, plumbing
and electrical systems, appliances and components) situated at least two
(2) feet from the side yard property line or at least five (5) feet from the
rear ardproperty line. In no event shall the total combined area of all
accessory structures occupy more than 80 percent (80%) of the required
side yard setback area or 60 percent (60%) of the required rear yard
setback area.
d. Maximum shoreline setbacks are to be maintained and, in no event shall a
shoreline setback be less than ten (10) feet from mean high water.
e. The improvements shall be constructed to avoid off-site discharge of
stormwater from the sub%parcel, in accordance with Section 114-3 of
the Monroe County Land Development Code.
f. This Policy does not waive anrequired minimum vegetated setbacks
adjacent to wetlands (see Policy 203.1.2 and Policy 204.2.5) and does not
authorize any encroachments to a conservation easement.
g. This Policy does not restrict a property owner from proposing other
additions or improvements to the elevated house, as long as the additions,
enlargements, expansions, and extensions do not create a nonconformity
or cause a further violation to an existing nonconformity.
(4) Amortization. Any nonconforming structure may be subject to compulsory
termination when it is found detrimental to the conservation of the value of
surrounding land and improvements, and therefore is tending to deteriorate or
blight the neighborhood. In ordering the compulsory termination of a
nonconforming structure, the BOCC will establish a definite and reasonable
amortization period during which the nonconforming structure may continue
while the investment value decrement resulting from termination is amortized.
Determination of the amount to be amortized shall be based on the value and
condition of the land and improvements for the nonconforming structure less
their value and condition for a conforming structure, and such other reasonable
costs as the termination may cause. The rate of amortization shall be in
accordance with reasonable economic practice.
(f) Water-dependent and water-related commercial nonconforming structures.
Lawfully established water-dependent and water-related nonresidential structures
which are identified as a source of economic sustainability within a Livable
Com m u n i Keys Plan may be permitted to be rebuilt even if 100 percent destroyed
provided that they are rebuilt to preexisting use and registered in accordance with
section 102-55. Development shall be brought into compliance to the maximum
extent practicable, as determined by the Planning Director.
Sec. 131-1. Required Setbacks.
(a) Unless otherwise allowed for in this Land Development Code, no structure or land
shall be developed, used or occupied except in accordance with the bulk regulations
set out in the following table.
Primary SecondaryPrimary Secondary Rear Yard
Land Use District/Land Use Yard Front Yard Side Yard Side Yard ft. *a
ft. ft. )ft. ** (ft.) ) )
Airport (AD) 25 25 10 10 25
Commercial 1 (Cl) 25 15 10 5 10
Commercial 2 (C2) 15 15 10 5 10
Commercial Fishing Area (CFA),
Commercial Fishing Special District 25 15 10 5 20
(CFSD), and Commercial Fishing
Village (CFV)
Conservation (C) 25 15 10 5 20
Destination Resort(DR) 50 25 20 15 30
Improved Subdivision (IS) 25 15 10 5 20
Industrial (1) 25 15 10 5 25
Mainland Native (MN) 25 25 10 5 20
Maritime Industries (MI) 25 25 10 5 25
Military Facilities (MF) 25 15 10 5 20
Mixed Use (MU) 15 15 10 5 10
Native Area (NA) 25 15 10 5 20
Offshore Island (OS) 25 15 10 5 20
Park and Refuge (PR) 25 15 10 10 10
Recreational Vehicle (RV)* 25 15 10 5 10
Sparsely Settled (SS) 25 15 10 5 10
Suburban Commercial (SC) 25 15 10 5 10
Suburban Residential SR 25 15 10 5 10
Suburban Residential Limited (SR-L) 25 15 10 5 10
Urban Commercial (UC) 15 15 10 5 10
Urban Residential (UR): 15 1 15 10 1 5 1 10
Urban Residential Mobile Home
(URM)**
Lots less than 50 feet wide 10 10 5 5 10
Lots 50 feet wide or greater 10 10 10 5 10
Urban Residential Mobile Home 10 10 10 10 10
Limited URM-L **
*For RV parks within the RV Land Use District, the RV setback requirements shall apply to the district/RV
park boundaries and not to the interior RV spaces.
**For mobile home parks within the URM and URM-L Land Use Districts, the setback requirements shall
apply to the district/mobile home park boundaries and not to the interior mobile home spaces.
**Notwithstanding the required setbacks, retrofitting a lawfully existing residential dwelling unit, not
including mobile homes, to elevate the unit above base flood level to reduce flood damage may encroach
the required setbacks, as provided in Policies 101.5.34 and 101.9.4 and Sections 102-57 and 131-3.
(b) Applicability of required setbacks.
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Sec. 131-3. Applicability of Required Setbacks.
(a) Bufferyards. When a bufferyard is required under the provisions of Chapter 114,
Article V, compliance with the bufferyard provisions along a property line shall
relieve the necessity of complying with the setback provisions along the same
property line if the width of the bufferyard is greater than the applicable setback
requirement set forth in Section 131-1.
(b) Shoreline setbacks. All development shall be set back from shorelines as required
in Section 118-12. Docking and mooring facilities within the shoreline setback shall
be set back from side property lines in accordance with Section 118-12. The side
yard setback does not apply to a utility pole, utility rack, seawall, fence, retaining
wall, or marginal dock.
(c) Front yard setbacks. A front yard is a required setback on a parcel of land that is
located along the full length of the front property line of the parcel, is generally the
property frontage to which development on the parcel is oriented and is generally
adjacent a road. On parcels fronting more than one road, such as corner lots and
double frontage parcels, each yard along a road shall be a front yard. The front yard
setback does not apply to a utility pole or utility rack.
(1) Single frontage parcels. For a parcel that has only a single road frontage, the
primary front yard requirement set forth in Section 131-1 shall be applied.
(2) Double frontage parcels. For a parcel that has road frontage along two or more
roads, the primary front yard requirement set forth in Section 131-1 shall
generally be applied to the front yard to which development on the parcel is
oriented. The secondary front yard requirement set forth in Section 131-1 shall
be applied to the remaining front yard(s). For parcels located within the median
of U.S. Highway 1, the primary front yard requirements shall be applied to both
front yards situated along the highway right-of-ways.
(3) Accessory driveways and walkways. Accessory structures, limited to driveways
and walkways, may be permitted within a required front yard setback provided
they do not exceed six (6) inches in height as measured from grade. In no
event shall the total combined area of all accessory structures occupy more
than 60 percent of the required front yard setback area.
(4) Off-street parking on residentially developed parcels. Any required off-street
parking spaces may be located on an accessory driveway within the front yard
setback on a parcel developed exclusively with a residential use. Any vehicle
utilizing such an off-street parking space shall be properly licensed and
operable.
(5) Signs, fences and landscaping. Signs as permitted in Chapter 142, fences as
permitted in Chapter 114 and landscaping may be permitted in a required front
yard setback.
(6) Ingress and Egress for lawfully established residential dwelling units retrofitted
to elevate the structure above base flood level. Retrofitting a lawfully existing
residential dwelling unit, not including mobile homes, to elevate the unit above
base flood level to reduce flood damage may encroach the front r
requirement set forth in Section 131-1 to allow necessary provements to
access the dwelling unit. The necessary improvements are limited to
ingress/egress structures (stairs, ramps, landings, elevators, etc.). The waiver
provided shall be the minimum necessary to provide access to the structure
that is in compliance with fire code requirements.
(d) Side yard setbacks. A side yard is a required setback on a parcel of land that is
located along the full length of the side property line and is generally between the
front and rear property lines. The side yard setback does not apply to a utility pole,
utility rack seawall, fence, retaining wall, or marginal dock.
(1) Side yard requirements (excluding four-sided platted corner lots). With the
exception of four-sided platted corner lots, the primary side yard requirement
set forth in Section 131-1 shall be applied to one side yard. The secondary side
yard requirement set forth in Section 131-1 shall be applied to any remaining
side yards.
(2) Side yard requirements for four-sided platted corner lots. On a platted corner
lot with only four sides, there shall be a primary front yard, secondary front
yard, rear yard, and a single side yard. For such lots, there shall be no primary
side yard setback requirement, and the single side yard shall be subject to the
secondary side yard setback requirement set forth in Section 131-1.
(3) Accessory driveways, walkways, patios and decking on residentially developed
parcels. Accessory structures, limited to driveways, walkways, patios, and
decks, may be permitted within a required side yard setback on a parcel
developed exclusively with a residential use if the structure meets the
provisions of this subsection. Such an accessory structure shall a) not exceed
six (6) inches in height as measured from grade; b) be situated at least one (1)
foot from the side yard property line; and c) be constructed to avoid any off-site
discharge of stormwater from the subject parcel in accordance with Section
114-3. In no event shall the total combined area of all accessory structures
occupy more than 80 percent of the required side yard setback area.
(4) Accessory stairs and platforms to elevate mechanical, plumbing and electrical
equipment on parcels developed with a residential dwelling unit built prior to
March 15, 2012. Accessory structures, limited to stairs and platforms, may be
permitted within a required side yard setback on a parcel developed
exclusively with a residential use if the following provisions are met:
a) the residential unit was issued a certificate of occupancy prior to March 15,
2012;
b) the accessory structure is required to elevate mechanical, plumbing
electrical equipment at or above required flood elevations;
c) the accessory structures shall be situated at least two (2) feet from the side
yard property line; and
d) the accessory structures must be constructed to avoid any off-site discharge
of stormwater from the subject parcel in accordance with Section 114-3. In
no event shall the total combined area of all accessory structures occupy
more than 80 percent of the required side yard setback area.
(5) Ingress and Egress for lawfully established residential dwelling units retrofitted
to elevate the structure above base flood level. Retrofitting a lawfully existing
residential dwelling unit, not including mobile homes, to elevate the unit above
base flood level to reduce flood damage may encroach the primary side yard
requirement set forth in Section 131-1 to allow necessary improvements to
access the dwelling unit. The necessary improvements are limited to
ingress/egress structures (stairs, ramps, landings, elevators, etc.). The waiver
provided shall be the minimum necessary to access to the structure
that is in compliance with fire code requirements.
(e) Rear yard setbacks. A rear yard is a required setback on a parcel of land that is
located along the full length of the rear property line and is generally on the side
opposite to the primary front yard. The rear yard setback does not apply to a utility
pole or utility rack or plumbing and electric fixtures for a vessel pumpout.
(1) Accessory structures on residentially developed parcels. An accessory
structure may be permitted within a required rear yard setback on a parcel
developed exclusively with a residential use if the structure meets the
provisions of this subsection. An accessory structure not exceeding eighteen
(18) inches in height as measured from grade may be permitted if the structure
is a) situated at least one (1) foot from the rear yard property line and b)
constructed to avoid any off-site discharge of stormwater from the subject
parcel in accordance with Section 114-3. An accessory structure not
exceeding twelve feet (12) feet in height as measured from grade may be
permitted if the structure is a) situated at least ten (10) feet from the rear
property line. In no event shall the total combined area of all accessory
structures occupy more than 60 percent of the required rear yard setback
area.
(2) Ingress and Egress for lawfully established residential dwelling units retrofitted
to elevate the structure above base flood level. Retrofitting a lawfully existing
r
residential dwelling unit, not including mobile homes, to elevate the unit above
base flood level to reduce flood damage may encroach the rear yard
requirement set forth in Section 131-1 to allow necessary improvements to
access the dwelling unit. The necessary improvements are limited to
ingress/egress structures (stairs, ramps, landings, elevators, etc.). The waiver
provided shall be the minimum necessaryprovide access to the structure
that is in compliance with fire code requirements.
(3) Accessory stairs and platforms to elevate mechanical, plumbing and electrical
equipment on parcels developed with a residential dwelling unit retrofitted to
elevate the structure above base flood level. Accessory structures, limited to
stairs and platforms, may be permitted within a required rear setback on a
parcel developed exclusively with a residential use if the following provisions
are met: a) For the rear setback area, the structure is situated at least five (5�
feet from the rear yard property line. In no event shall the total combined area
of all accessory structures occupy more than 60 percent (60%) of the required
rear yard setback area.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Staff seeks direction on processing amendments.
DOCUMENTATION:
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: n/a
Additional Details:
REVIEWED BY:
Assistant County Administrator Christine Hurley Completed
06/30/2021 12:53 PM
Emily Schemper Completed 07/06/2021 9:44 AM
Derek Howard Completed 07/06/2021 10:11 AM
Purchasing Completed 07/06/2021 10:13 AM
Budget and Finance Completed 07/06/2021 4:20 PM
Maria Slavik Completed 07/06/2021 5:47 PM
Liz Yongue Completed 07/07/2021 9:14 AM
Board of County Commissioners Pending 07/21/2021 9:00 AM
r� ��'�; ���,��' � BOARD OF COUNTY COMMISSIONERS
Countyof �s,��f��.,,.,�
,,
"✓J' '4f' M1 Mayor Michelle Coldiron District 2
• '�%% �;� � ' ' � Mayor Pro Tem David Rice District 4
%/ '� f Y
The Florida Keys ,,�J ,,�„�` �4 � �,w ,
Craig Cates,District 1
Eddie Martinez District 3
Mike Forster,District 5
County Co ssion Meeting
March 31, 2021
Agenda Item Number: B.2
Agenda Item Summary #7985
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500
No
AGENDA ITEM WORDING: Presentation of existing and potential actions, policies and
programs to address the exhaustion of ROGO allocations and the build-out of the Florida Keys as of
2023 (2026 for Monroe County, after County reduced its annual allocation distribution to extend the
build-out date).
ITEM BACKGROUND: Staff is updating the Board of County Commissioners (BOCC) on the
existing and potential actions, policies and programs to address issues the County will face as the
remaining ROGO allocations are exhausted (from the 2010 Census/hurricane modeling) and build-
out approaches, the unknown outcomes of the upcoming 2020 Census/hurricane modeling by the
State and the Florida Keys ACSC jurisdictions running-out of ROGO allocations, currently set for
the year 2023 (note, the County extended ROGO from 2023 to 2026 by splitting the remaining 3-
years' worth of ROGO allocations). The number of ROGO allocations the County receives from the
State of Florida is directly related to the ability to evacuate the Keys in an approaching hurricane.
State law and policy mandates the ability to evacuate within a 24 hour time period.
Previously, on January 30, 2019, the BOCC discussed and provided direction to address the
exhaustion of ROGO allocations and the build out of the Florida Keys as of 2023. The discussion
involved existing and potential actions, policies and programs; as well as ideas for policy changes to
alleviate potential takings liability, if and when the State is no longer able to award ROGO
allocations to the County.
Staff has worked on numerous efforts since the January 2019 meeting and has developed a few more
options to consider. Staff is updating the BOCC on the existing and potential actions, policies and
programs to address issues the County will face as the remaining ROGO allocations are exhausted
and hopes to schedule a future agenda item (future BOCC meeting) to receive direction from the
BOCC to ensure staff implements the current BOCC's direction and prioritization.
Note, the Department of Economic Opportunity (DEO) and the Division of Emergency Management
(DEM) will run an evacuation model after the compilation of the 2020 Census data. Staff anticipates
this process may take two to three years after the 2020 Census, and will require a new Memorandum
of Understanding (MOU) with the DEO, DEM, Marathon, Islamorada, Key West, Key Colony
Beach and Layton. This will be the earliest timeframe that the County and other jurisdictions will be
able to evaluate the results based on any population/vehicle changes, unit occupancy rate changes
and other factors in the inputs and assumptions utilized within the hurricane modeling. Until the
results of the upcoming evacuation modeling are known, the Florida Keys ACSC jurisdictions must
anticipate that building permit allocations may not be authorized beyond the year 2023. This deficit
of building permit allocations could trigger takings suits against both the State, County and cities, if
no additional permits are authorized based on the 2020 Census hurricane modeling.
Currently, unincorporated Monroe County has 281 market rate ROGO allocations available through
July 2026 and a total of 62 moderate affordable ROGO allocations available for award.
Current demand for Market Rate allocations:
The table below shows the ROGO allocations awarded for market-rate units for the previous nine (9)
quarters. The current demand for market rate allocations in all three ROGO subareas outpaces the
availability of allocations. Note, beginning July 13, 2020 (ROGO YR 29), the available market rate
allocations were reduced to 64 from 126 to extend the distribution of ROGO allocations through
2026.
ROGO Allocations Q2 Y27 Q3 Y27 Q4 Y27 Q1 Y28 Q2 Y28 Q3 &4 Q1 Q2
Y28 Y29*** Y29***
Lower Keys
Available for Allocation 14 14 15 14 14 29 8 7
Total Applications 13 21 20 14 22 30 13 18
Pending
Applications Approved for 13 21* 16 14 14 29 8 7
ROGO
Applications remaining in 0 0 4 0
queue
Big Pine Key/No Name Key
Available for Allocation 2 2 2 2 2 4 1 1
Total Applications 28 27 26 25 27 25 21 21
Pending
Applications Approved for 2 2 2 2 2 4 1 1
ROGO
Applications remaining in
queue
Upper Keys
Available for Allocation 15 15 16 15 15 31 8 8
Total Applications 21 19 18 21 15 26 14 16
Pending
Applications Approved for 15 15 14* 15 10** 21** 8** 8
ROGO
Applications remaining in
queue
*Includes 7 unused Allocations from Quarters 1 and 2.
**Did not distribute all allocations due to limitation of the number of Tier I properties that may receive an allocation per ROGO year.
*"Beginning July 13, 2020(ROGO YR 29)the available market rate allocations were reduced to 64 from 126 to extend the distribution of ROGO
allocations through 2026.
Based on data from 2018, the unincorporated County, after utilizing all ROGO allocations granted
by the State in 2012 (based on the 2010 Census hurricane modeling), will have approximately 7,000
vacant privately owned parcels remaining, with close to 2,800 of those parcels being located in Tier
III.
2018 Inventory of Privately-Owned Vacant Parcels in Florida Keys and Approximate Land Value
2018 ESTIMATED YEARS TO
2018 2018 APPROXIMATE FUNDING GENERATE
NO. AVERAGE Based on Historic THE FUNDS
AREA LAND VALUE Rates For
VACANT PARCEL (December 2018 EQUAL TO THE
PARCELS VALUE*** MC Property Acquisition of TAX ASSESSED
Appraiser data) Conservation VALUE
Lands
Key West ACSC* 133 $3971235 $52,8321202 $2701000* 196
Unincorporated MC 71033 $851858 $603,8401749 302'D
Marathon 11349 $1001481 $135,5481863 68 4'
Layton 24 $1231928 $2,974,267 $2001000 1
Key Colony Beach 81 $347,988 $28,187,020 144,
Islamorada 11070 $1581061 $169,1251630 85 4'
TOTACPA I�S 91690 $102,42 $"2,5'081731
TOTAL REMAINING 1 421 In 2012,the State authorized 3,550 County wide allocations, including cities,
ALLOCATIONS with 1,970 allocations for unincorporated MC.
PARCELS TO
PURCHASE $1021426*** $84699619269 **
(COUNTYWIDE)
* During the 5 year period of FY 2014-2018, 100% of the Monroe County Land Authority expenditures in the Key West ACSC were for
affordable housing.Previously, the Monroe County Land Authority historically allocated approximately 18%($270,0001yr)of the Key West
ACSC portion of tourist impact tax revenue to the purchase of conservation and recreation lands.$270,000 is used for analysis of Key West.
**The total vacant parcels(9,690)less the 1,421 allocations available results in 8,269 parcels to purchase. At an average cost of$102,426 it
will take 423 years to acquire these parcels utilizing$2M.
***This analysis assumes no growth in property value over time.Note property values could change exponentially.
0 Land values for each jurisdiction are divided by the$2M estimated funding figure.
As demonstrated in table above, at current dedicated funding levels for land acquisition efforts in the
Florida Keys, and the remaining 1,421 allocations for dwelling units through the year 2023 (2026for
the County), it would take approximately 423 years (302 years for the County) to generate the funds
equal to the tax assessed value and offer to purchase the remaining inventory of private, vacant
parcels in the Florida Keys (unincorporated and incorporated).
At present, there are two recurring dedicated funding sources for purchasing land within the County.
The first is through half of a 1 cent Tourist Impact tax (pursuant to § 125.0108, F.S.), which provides
an annual revenue for the Florida Keys ACSC and the Key West ACSC. The second recurring
revenue is provided through a State Park surcharge.
In anticipation of the significant remaining private, vacant parcels, the Monroe County BOCC
authorized staff in 2016, to commence land acquisition programs to supplement the long standing
efforts of the Monroe County Land Authority and those of the State of Florida.
The funding status of the various acquisition program efforts are included in the table below and
include the efforts by the Land Authority, the County Attorney's Office, the Planning &
Environmental Resources Department, the Building Department and the Florida Department of
Environmental Protection.
Significantly, since passage of the Stewardship Act (2016), Monroe County and the Monroe County
Land Authority have budgeted over $26M combined for land acquisition and spent/encumbered
$19+M, retiring 254.22 development rights (as of February 2021).
I '� i' 2,021
I I4I �,% I �j��f�
1 m 'IIIRAR I i 'm I+ v V 'Au.VMS mM� �tl I;� m�mav V I qM. 6�I V (BI I I Iil i l ,I��, µ N '4i
9,
C tan-011 A Othatity, ;
S L10DO(IIIN"31
Pa5sed'711110,,
Mcinrcie D,U11 �W klri D a Keels iI r,,J/0 O)i�DE.� -
�:�� 6,�1w.w'wtLaind ( �w P Sri �wrw��,.ng, 1, vlwao r hip Aillr* ws rr r,er,.:,,avery
""eys Ak C'F LIFT,S
*Ava Iabi e B n,c e S-3,4 Qe;242, "11,7n9 28 "A"74t
::.
w; � qw
NOTES:, a—This total indudes,59901,000 that may e rei,,Mou,rsed by th,e FHFC CDBG-DR,grant for the Coach Trader Court propert
_T r.i,s total)incl udies$1,,3 79,,9,58,that may, e rejmbu rsed by the FHIF .C'BG-DR ,r ,nt for H(owards Have ni and 12 L %iIrer Keys Scattered
Sites pr op .rti,e ,and$190,'679,reprelsei,i n,g f Ifty percent.of the Dla iS jiud ,me t that may be r i mb,u rsed by tfie State of Floriiw a
mm®T This total"r clu de 269,685 re,pr,ese rating nting fifty percent af the G Aeon,Baby jr--rr Ign'ient that"may be r j mbu rsed by t,l,re Mate of Fl r dia
Previous Relevant County Actions reuardini ROGO allocations:
In 2012, pursuant to Rule 28-20.140, F.A.C., DEM and DEO completed the hurricane evacuation
clearance time modeling task and found that with 10 years' worth of building permits, the Florida
Keys would be at a 24 hour evacuation clearance. Based upon the resulting 24 hour evacuation
clearance, DEO determined the remaining allocations for the Florida Keys (3,550 additional permits
countywide, 1,970 of these permits would go to Monroe County - excerpt below). In March 2013,
the Governor and Cabinet, sitting as the State Administration Commission, approved the
recommendation to allocate 10 years' worth of growth to the Florida Keys.
VMEREAS, firomatmong tho 'by DEO at "the June: 18, 2,01.2, Work Group
�rne EMI it a 5 v �. C u, i b i l� >ni 4 � n i., � number�mm .
g c 1, fed t ie , u 1xim � b�
Ma rd is b %ld r i f6 new " iI � I 'r fl, L ai � � t� peg y r ,for . years
.a . a y,County 197, Mia,,rtitthon, 31101, � 81, .. l 'West °� Key "," t y R n th , nd L .,t� 3
1,2 t � 1.� �i ,e at p ;j 1. �t bu�..>. it �t, x v' r d >>.M
re
he Nav 'I •Ar Station as wiell as two (2,) functional evacuat,"'otal lanes, fro,ni, "NIM 1,108, 12116. Furt
Work,,,Grotip, recornmend",1, Scenario M51 wrilth the C PrOV is'lon that the ,C it of I KI W st woullid fir ansfe r
anti,luall1y (by July 'I 3t,",h) any remainin 1 .1 lons 'to the othier . Cal!.
g or, unused (90, alk),caflons') allocat"i
Go,vemniv nuss baised upiwi, the Lo"Q,41,(.1ovemmcn-ts," ratio cxf vacant land;andl
�,l rr re,maid,c
I Qh k-all JQO, ct WHER thle June R,2012, Work Group mecting.,, tic, I c irons wo
F R 11
to thia, Cemsas site till uniltsrcv,tsiqg,that numbler to 43,718 and re-Vis"ingthe Key"West'.builidingperm I i,t',
all Illocation to 91, which, cone,fi.ons do, not alff ct the hurricane evacua,k,> ellearanc)e tirnac fo,r the
poplu'lation,of th�cfllon*da,Keys and
In 2012, the County entered into a Memorandum of Understanding (MOU) with the Department of
Economic Opportunity (DEO), the Division of Emergency Management (DEM), Marathon,
Islamorada, Key West, Key Colony Beach and Layton. The MOU provided the distribution of
allocations among the local governments based upon a vacant land analysis (excerpt below).
'W I E AS, DE,,',' n -
Dand the Local (,,iovcrnj1ncnT,.9, ricilcognize t[iat_s igpiflica.t vacant tands renliain in
the"Floi rid a Kleyis.: Monroe.,County with 8,758 Nracant,11parcels (77%1 total,vacant ands),Marathim with
Colo l ' Bil wi 9 Y1,2 8 11, vacant par el s,, (I I%), Is'lianiora,d,a, with', [1,11 arcels 1019 vacant,p (1,V/4), Ke "n-y each :nth 2
vacant Circe ls Key, W est with 84 vamt plarice,hs, (0.74%,),, and Layton wilth 131 vacian't parce,1.5
(0,.11 and
On April 13, 2016, the BOCC adopted the 2030 Comprehensive Plan and Land Development Code,
which included a ROGO allocation distribution through the year 2023 (Policy 101.3.2). This policy
also included a re-evaluation of the ROGO allocation distribution schedule, if substantial financial
support was provided by July 12, 2018 for land acquisition to retire development rights.
January 30, 2019: The BOCC discussed and provided direction regarding existing and potential
actions, policies and programs to address exhaustion of ROGO allocations and build out of the
Florida Keys as of 2023 with a substantial number of platted lots remaining. The discussion involved
existing and potential actions, policies and programs; as well as ideas for policy changes to alleviate
potential takings liability, if and when the DEO is no longer able to award ROGO allocations to the
County.
R3 1.11 lie t`61,j0W1j.1g st aft addressed the Board cot,iceming id-l'rechon regardi*n1g existt'ng and
pote insto address, exhaustlon. of,R OGO allocations,and buj1d
nbal ac tlo ll si� policies: and p ti o gra
0,11t of the Floc la Keys, as, of 20:23 with a s'abstantlial nunibier of'platted loitsrcrnaininga Mrs.:
Sichemper, Mr. M.s. I fair ley'''.Derek I lowar(l,, Assistant C,,,ou nty Attome)p Mike
clua -ices� Peter Mor�ris Assi-st'ant Comity Attoirney-
Roberts.,Sr. Adniinistratiar, 11',tivironn.i 1 Resout. 1
aid Cynthia Guerra, Sr. Biologist The of I owhriL individuals addriessed the, Board: Ali6a PuttiesLy,
k--;
Stuart Saaff& representing Sugarloaf Shores and Cudjoe Gar de I oniieowners Assoc iati
and Bill Htinter. Board took no,official ac6o,n.
On January 22, 2020; the BOCC adopted Ord. 005-2020 to extend the remaining market rate
ROGOs out for an additional three (3) years from 2023 to 2026; providing the County additional
time to distribute ROGO allocations while the new evacuation model runs are completed and to
implement other strategies to help transition land into public ownership reducing the potential
takings claims and addressing the future build-out of the Florida Keys. At the time of the County's
reevaluation, the State purchased 135 parcels, at an approximate cost of$2,808,220 and retired 61.49
TDRs.
Staff has developed ideas for policy changes/programs to help alleviate potential takings
liability, if and when the State is no longer able to award ROGO allocations to the County.
The purpose of this item is to present the existing and potential actions, policies and programs
included in the attached ROGO buildout table for future BOCC direction.
PREVIOUS RELEVANT BOCC ACTION:
September 21, 2012: The County approved Resolution 226-2012, entering into a Memorandum of
Understanding (MOU) with the Department of Economic Opportunity (DEO), the Division of
Emergency Management (DEM), Marathon, Islamorada, Key West, Key Colony Beach and Layton
which stipulated to the input variables and assumptions used in the hurricane evacuation model and
provided the distribution of allocations among the local governments based upon a vacant land
analysis.
April 13, 2016: The BOCC adopted the Monroe County Year 2030 Comprehensive Plan, including
Comprehensive Plan Policy 101.3.2 (ROGO distribution policy).
January 30, 2019: The BOCC discussed and provided direction regarding existing and potential
actions, policies and programs to address exhaustion of ROGO allocations and build out of the
Florida Keys as of 2023 with a substantial number of platted lots remaining. The discussion involved
existing and potential actions, policies and programs; as well as ideas for policy changes to alleviate
potential takings liability, if and when the DEO is no longer able to award ROGO allocations to the
County.
January 22, 2020: The BOCC adopted Ord. 005-2020 to extend the remaining market rate ROGOs
out for an additional three (3)years from 2023 to 2026.
January 22, 2020: The BOCC directed staff to prepare an agenda item to discuss and provide
direction on whether to direct staff to process Comprehensive Plan and Land Development Code
amendments to: 1) move a portion of market-rate Rate Of Growth Ordinance (ROGO) units to the
affordable housing allocation pool and/or 2) accept the 300 Workforce Housing units offered by the
Department of Economic Opportunity (DEO) required to evacuate in Phase 1 of the Hurricane
Evacuation model.
February 19, 2020: The BOCC discussed whether to direct staff to process a comprehensive plan and
land development code amendment to: 1) move a portion of the 378 remaining Market Rate -Rate of
Growth Ordinance (ROGO) units through 2026 to the Affordable Housing allocation pool and/or 2)
accept the 300 Workforce Housing units offered by the Department of Economic Opportunity
(DEO) required to evacuate in Phase 1 of the hurricane evacuation model. The BOCC did not decide
on the potential shifting of market rate allocations to the affordable housing pool but did direct staff
to start the process to accept the 300 workforce housing units.
July 15, 2020: The BOCC discussed potentially shifting market rate allocations to the affordable
housing pool (agenda item IS). The BOCC did not decide on the potential shifting of market rate
allocations to the affordable housing pool but did direct staff to start the process to accept the 300
workforce housing units. The BOCC directed: accept the 300 workforce housing early evacuation
unit building permit allocations to be used in exchange for existing affordable allocations at
multifamily developments (for developers that agree to the early evacuation restriction) and the
affordable housing allocations returned to the County (returned in the exchange) be set aside and
banked for takings cases (bank them within an administrative relief pool).
January 20, 2021: The BOCC directed staff to not move forward on amendments on potentially
shifting market rate allocations to the affordable housing pool (agenda item J9).
January 20, 2021: The BOCC voted to transmit the proposed amendments to DEO to review the 300
workforce housing early evacuation unit proposal, with the 300 unit amendment being structured as
an exchange program.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Direction on a future BOCC meeting to review this information
again and receive BOCC direction on the existing and future actions, policies and programs
presented.
DOCUMENTATION:
Ex. 1 Land Acquisition Funding Status Feb2021
Ex. 2 ROGO buildout table w BOCC direction from 2019_updated 3.16.2021
Ex. 3 Takings Claims Bill Whitepaper January 2020
Ex. 4 WHITE PAPER build out—STRATEGIES—POLICY RECOMMENDATIONS Nov 2020
Ex. 5 AIS_item B3_BOCC 1.30.2019_ROGO buildout options
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: n/a
Additional Details:
REVIEWED BY:
Emily Schemper Completed 03/22/2021 12:45 PM
Assistant County Administrator Christine Hurley Completed
03/22/2021 1:21 PM
Bob Shillinger Completed 03/24/2021 9:53 AM
Purchasing Completed 03/24/2021 9:54 AM
Budget and Finance Completed 03/24/2021 11:11 AM
Maria Slavik Completed 03/24/2021 11:17 AM
Liz Yongue Completed 03/24/2021 1:15 PM
Board of County Commissioners Pending 03/31/2021 10:30 AM
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NT BEr WEENT14E M'ONROE C0,11J.NTY LAND A"U''THORITY N
INVEALOCAL AGRU'E�;ME r
AND T.HEBOARD-O'F COUNTY COM,N1.1,S;SIONERS�OF MONROE COUNTYREGARDINC
rtnz` OF 11LAND ACQ'U'IS,IT'I'ON 'P"R('.)G'.RA,MS
fiiterlocal Agrelen,!,ie nit *s,tm,de atid .tit re Un,t,othis,21st day ofAily, 20211, by
1111,11s,sloners of Motriiroe ,ou111:Y,, 1"loct-id,at anid the M.Otliroe
K B.(,.)CC'a,nd behveen �tIie Boar(J. ut"Cottil!'lity Cot
Cotulty Comprehensive Platii Land Authority
WHEREAS, flie. Sitate of the Florida Keys,Area Pr otection Ac 'has ide tui 1'ed 'the
th
tat IC Ltated i n the event ot'a
Se"'s inte nt to isu I; etre. 'lliat tl,he popi,t latio z iof e Florida Keys, can bie sat ly te:V'cl
11LIT'r,icar,iie aiiid Jim des'lgti,ated, t1w, Floi,-41da K,eys as, an Areas, of Critical State Concern. F.S.380.0552.
Keys ACS,Ci"`tl at-id
WIIEREA,S, the Stale of Florida.has. pro,videdthat, tlte land auttf-iior'sty ti?,utY,acquire atid dispose of'
T14"'ACU")Prevent or satisfy,
treal pi-roperly or,any intel"est thereiin w lien S-LIC.1.1 acquissition is, neces,satry oil''�IPPTOP
I I I natural !J wild,11"fe t"he purpose- anldl ProvilS101111S,01 its,governing act, 'T"licludibig colt servafioti,
hNrcration t"fordabl twusting. and t,i t proe I
ght laltn resulfing, 1"ion lhJ,
i'tations
-ea of*cri Itical ta ste corltert'i. F.S380,,0666(.3),-,al li.d
1111,11pilosed bythe desi,gnatioin,of an ai I
WHEREAS, Montroe County has adopted stuctri, ati, ordi"nalice cl,ealtijua Motriit'oe COLU!"Ity
tngs
I I t It tlie piower; to; do a,,ny an,d afl th.11l'1-11an .,and Autl1ioll-14y ("MC'!L,A' and. gni,li,ting
n
-woe COL1,11ty Code, See. 2-397-
in ance. Mot e ce s s ary o r,coriv eti,jetill't.o!c a'.1 1 Y of'sluc h an olAil
23 9 8 d
WHEREASl,., Monroe t-l.oun.ty tias,adopted a Rall e of"Growth Ord.inance,("R060"),as,set 1'emh
('11i,apter 138 of the M o.n.roe County D' evelolpnienit C""o,de., with the Malted pttrpiose ofprotecting ,tti-e
lors, atid- prq e rl ty iin thtx COLHily from ni-aitural dis,asters, spiedfikafly PP including hurticatie.s. 'by
residellits, visi P ,
i ti a -t -'s abi Iry l.1ty to
ie,iit Colt 1111C111sur
liitiing,the annua.] ati,�iiounfr and toate of residentIal, dew'lolpim,
miaizi,tain a.reasonable atrid sa.ft*hi-iijirr'icane ev,acualtion: cleararIce an,d
ions wre C'U' ren 11 rted by, pronmAilgated 'by tlie Florida
WHEREAS, ROG"'D piertili*Ir allocat"" r tly
-m! its, pexr year, �.R)r Mon,roe COLUTty With: EIJI wiiifici,paled
Adtiiinistrative Code Rt.le 28-2,01 1140, to! '197 pet, J'
t' r t he F I ori&lf, K ey's, by th e y ea r 2 02 3
Nifld otit of a.11 ava.11a,bIe 111e.11,111 '0
-,iat- date -to 2026 by,WHEREAS,. M011ir10C,' C,0 U T atllien.d,ed its Coniiprehen,sivc I larl, u..) ext d fl
slowil,iig the dis'hr"ibU1`fi0J1 mctes of ROGO perunits,as,setf'yrt1 itri, 'F.A.C. 28-20.140;altid
-,L -o- t 1, 1 1,111to.
A'WHEREAS-1, ROGO '1µ fetriri.etli,�ted, tJi,,ro,tlg1,1 a,t,iet, systeni whel,�ibjy rea] pr, j.wt ly i's div*,ded
-at on; of rea] f" r the billilding pernia, app-li',ca-fi,011
th1illee fiei,s estab4ishing cr.iiteri'a. ft')!r the evaltl I IPI 0
-e designated as Tileii- I'll
develop
process vVithill M01111-De COL111ty. `17he niiost lik),fily'l able i'nfi I I �properties, an I
an prop-ert4es.. Monroe(7`01111ty Code Sec. J 318-281 id
with'Y OW111C ptrlivlatel d parcels,
WHEREAS,there are currently approx'iniately 8,000 u,i,,tl,dL
"t M.o ili ro e r 1H pr ovr 3,0 00 of these Ut id evelloped, p:rivately e olAmnied, parcels, design-ated as ile opeoies, h
Coti!jity;and
t' tate of 10 11')S) 1jVfl;'
WHEREAS', d1l,etothie 0111,the ,nttmbet, of'ROCT-10 afloicati poised b.) fie: S
Flori,da, itlildizig pern,-Iits. 4:oir all ofAhe uit-tideveloped
Moltarolel Coluntly m.iay be tmabilel to ii,ssuie resi"Idential b:
nd 6valely owned paircels, Moinrole CoU41,111Y."fl.'u
Pi
Page I of 7'
r prope (y ri,WHEREAS., hiii order to redLIU 'the poten!ttial lia,billity of Monroe Cc)unty f*o
clai'n,iis,an.d to ad.clress,tlie carresponiding potential inipacts ot'j,flw ("ounlyt's littrticane evacuation clearmice
`b I e to offset the risk, of
e s, the BOCC die sires to. irnplerrtetit a s r ri amy, aacqiion pj*og s as po, si
Y t '1 11
properly riglits clainiis;and
Wt FREAS' BO(C h,iisi-
A. C reated t he L ess T ha,,i,�i F eeAcq u is ate on, Prograilail-
iing Rind 3.116-For Acquisition-
B. Created Oile Dertsifty RedLlCtiorn Ptrogj iii,�i by irinplet,nent
lols. acquirc�d t�nde:r tli;e Density Red''uction
C. Authorize,c] the resale ol'ttp to elleveti (1, J
to apply for a rate of growth
Prograi-Til wilh,deeld tits,tt let io:risthal stripped ability of o��vnei..
ord.1natilce':(ROGO)i allocatimv-
'clinatiori of latid D. Supported lan.d nialinterla"llce,of Coll, crvalion llainid.s inclttdixig cc or
rnatnte'liance, of vacanl cotuirtly owned, lan.d fi-ol'tn thie NAIorirloe C,01:mly Land
Managelm-enit and Restoration Flu.nd (Fund '160, akaMCELMR_'F a.tion..-ald,vail,( i
by t-i d' -,ecewed Jie:COU.11ty-latedto granit: Lit tnip
E. Supported acquisilur)in protgrat'ns.re
it-i,clud'ing bul!�nolt Itinifted tro-
+anll(CDBiGt')
a.. Comirmunity Developitneni't 1.3lock.Gt
b. Hazard Mifigatioti,Gratn,t Ptrolgranli,(FIM(.3P)(ci.irrenilly' 'iti applicatli'011 W11,11"
C. 'Flood M'Ii�t't'ga,l-,Ioii!i,A.s,,si"st,ai,ice(.FMA) progratiii (cuyrrently developing appilicatioii.$),l
As, we 11 as
-t of
;'to coor en�
m
F0 A u:tli orl zed Got,illllty-aiiid` CLA staff clit'j,aile 'witIrt, Staite Depart'n.,
t I ul i D Protecton, ( EP) ta,ti-idl Departn'tent, of Econotnic OpportUtlity (DEO) on
il ron, e '1
f Agreetnen.t and Florid.a Foi-ever project propertiltes, by 2,01.7 M'entoranidtlfll o I I
C : 4 A.-C t N ects, located- Keys Pro in onfi5dentia l ity- AcknOw 1
led.g.1-etiilen't .1m. ttl l e Fodida 11rorevet It
d,
Monroe County,as aillie n tllded.fir the 2 thtiiie on May,20,2020t; ati:<]
-ogrwxi. 't,.,o J.6rn!.aJ` e the d*s- iositiwi ol Det�isi.ty- to create a, pil I lZ
WHEREAS, the BOCC %,votild l4ke, - 1 1,
p
Red'L[C Ai. 011 LOI,S, NV401OU-tr develloptilei-It rigit'ilts, and wouild e. MCL,A slaff to lielp create and adiiiiinisteir
that prograirtiq and
'it�nute t 111 1-th rlie. I !EP-to, puicliase.
WHEREAS. tille BOCC also desi.resto cot 1 0 'W`Mk coopeta 'vely w*
Hy setisit'Ing
Florida Forever Propel-ties in tii!e� F tir lorida Keys ik.)!r tlu,-,� pult-puses of pres.erv* I I've
-iglus
lands and I.1"Or tilliC purposes, of reducing the State at-ld Ccm.111ty's, J)lot en.tia] expolst"HT to property t
cliat[n-s-, ati.d.
gtre e as�f,`o I I o Ntv s
NOW TlIE'REFORE,tl.,iepiarliles a,
'icorporated herein, by The. at,bove r citals are brue and conrect and; are ii
SECTION I -.'RT4ClTA,'lJS!.,
reemiemi 'to add,ress prograIttn of acq;L Jon,pa riid 1"o ri tillis Ap I rel"Orence,, Tlxi� n*es, kirilt,,",eti
pitrograt,tiils desetribed bielow.
VY JI]t
SEXTION' '.2', - NDO!, JON. v interlocall agreenletil bietmfeen M'.C']',,,,,.A, and BOCC dated Odoibier
i
I
191, 201,61,, all s,herelbly repea.,led. and ret is inttflocall, agtrcemoit. T14is agreenti!entt shatl placted bly th*
'be authoirized, to bcgitti,!
itin.p 11 ing otl Augutst 22.,
ased, ei!,-nenlalion. Sitairfi a, pill
2021 the 'MCI,,,,A shall
Page 2 of7
ograir, s, set 'I"Orth in Section: 3, aJ(,,mg "fith access ancl
a:nd man age menit', of the pr i n
:emenit shall become
'or P I i 1,111i iis agre use of this ivel�iicfe set t' � 01 i..n;! Siectioti 8, herein, 1"he renm"nder of tll�
F rida
agireetiitii.ent s i ell:`iective as of'Oictober 1, 2021 i 14,hus; h ai,I I et UIP011 te oii of the ' to
t ,:s,s tertiatiniated earli.er accor di ng to! the terili,s,
Keys Area of Crit"cal State Concert designatit. ,.jc
O,Uthiis agtie e.ml.en,'t..
SECTION 3 'PRO!G.R,A,M.M'1N'(,x',., MC.L.A"s, WHI 1"11CIL'Oe. grant niznagen.,ietint of the
a tn is ited too seller an,
BOCC �1,i,rogra.tiis, otiflinedbelow (herernafter the Pllxagr� I t&t g. b ut :til ot I i ini Wot
041: behalf
-hase atid rsale agtvenlents- orldeting chle diliget�ice --od -S
buyer coordln a fi o�n ti l ego tlat* i tict
P
I -s,. bit,.)utricilairy, stirveys, environtn;etital assiessnients atid
oft.-'he BO!C(' in,ch.,iding but, rmt,, liniiited to appraisal
J icquisitioirii.;a,ji,.,d(�:)rderirllg closing services'.
any other iti,sip ections,requilred hill oirder BO(,, s
t1 11-de potic: 11, f c T'I,e MCLA. staff shall be
t ii es, bie h a 11 o thi BOCCI't]e,
Is, agreen.ict'it.,jponis,ible f6r prepla,ring all ageiiida ill :ms necessary 'to accomplish, the p, -poses
101 wi-1
-oval. MCI,,,.A stali.11"shall c(:.,wit-di-nate: 101
i,i,otr ht�nited to agenda iternis, requiring BOCC a pipi
e-I atl!ds
BOICC slaffas, to placemient, oii- tiiie a: I i ;ppropriiate segnitnt uf fl,el BOCC poi-tion of tti,e 1,
thie -e -a A.acquired under said Progratms, shall be purchased.with fjjricls froni either thie BROCC cilt n, rived u,i,mil
includ
MCLA's. adi, lan tewardstiip
Pro grat!,i,vs- ami, i d sm,11 b e titled 'It'i th e BOICC. i�ii*ti,i,�.'Isti-�i,.,tlioii sha.111 e d s
ac -e suited 1`6,r n'lanaage"in.etra as,tIvItles, PLVI,.Suatit to Progr at i�i 1111-V bielow- when, thle, acquired prol-j?erties ai
co 'eld properfies' a_n1d, MCL.,A's nset-vation lairid, OtfietrwliscN, thie BOCC agrees to 111 ta�,n thie acqU111- I
h h,! i ili l "' 7! n -sal] 111iclud , rdinatin i I FH` ,e riten i P10 ct
-ash, tw moval, e-tc x hen,needc:d.Manag;(;-,-j!i,vnt) regarding rnainlet-iian,ce actilvit'ies stijeh,as'i'm1wing, tt
PROGRAMS:
sition progi: tii�L Less, 1`111an! 1"ee A �qisifion Pr w i,�xmly is, 'I's a less th;an, acqui i I
. ............... .................................................... q,,
t -le
ec IS Owiled 'by t)o. rehre t; he rig-111 1t l s to buillid. dweifing un its, where th e su j t l) lot
�stabfis.hed. by ' OCC ResOIL1110:11 1751-
adjoin,,i.ng biorneown.e.r. Tht prograni was L B
2018,and ai-netWed by BOCC Resoluttlons,438-201 8'a.t1d 0.63-2020
ensi, R A i i" Its, i I a,fee s*rnple acquisi"tio-11, Jitogra,ni
D; eductigri. �qqu`&tion,Pr_,jg!,,� "Y"I IS
en't as, coi-isery al.lon, land. "J""he
f6r those lots, that: are not suited f,6r tam".,niage'j."n,
ote
I ts on said I program: establishl,ed to; ret rt the rig'ht!s, to b t,61dwelling un"
)!etweetii MCI,�,,.A ptirS,L,111.111 tO the 2016, 1 niterlocal Agreeni,eiii'l''t and the BOU"
t t �
A, p t,-o,gra,j,,,i!,i to resell D e n si ty Red''Lic'Jon I'Lots
....EedLICtion Ressa.le F"ro
(lots 111iot,Su ited -for rrianiagetiiient,ass,conservaitioni la.rid) subject to.deed restrictiolls
prohibiting developriiient d1wel fi t ,n ig uits fr6r needs, to be n!;1,aJJy establ'sl i.e
d
ith critiet'a artid p rocesses as, Provided '11"or ln� 125-35(3). 11-tie Board has
1,)rev.1101,1i'sly apjpiroved of oir"I"'ering eleven Duck, Key logs 5m- sale, thl"OLligh
ResolAitions, 379-2019 a nid 1122-20,21 nelther ttrest'�)1:ta i on cot'itctnpfiated or
itiot s.E'Rlthoi,-Jz�,,cd illrt],ier dISI.-wsi I
-(,.,)grarn., to ii'mriage
W. Coi-niseryaction L a,j1,;,t.(i S,tcnv;,aui-ds.,hjv rovra nv ,vs a pi
............. ._,T—gy------
ra], L.,a nd Manageme nut c on se ry at i on lanids tising t1iie Winroe Cotunty Lnviro,n.niiti.:�iit
i and F 1`) a I oi tri ffind
v re Restolratioii! Fund ( und, 1601, aka, MCE'L..M'R, , a noin, i 1,
i n estabifiss-fied '1XII-Slian't to, BOCC ResOIL111"I"Orn H2 1'd2,WO10:144 a, d B,0 C C R esolu t'i*o!
-vatiocn lat 2010. Said lairitids cotisist of cotrisvi T ids: ownied by th,c BOCC,
coitisiervat'joiiii lands leased to th.e BOCC by thic Boa.rd oll"''J'ruslees. of tht, 1toil,'ernal
Page 3 o f 7
�l�tTl!pl�"(*,)�V'C�l�llie-I'l�,t TrLISt 1-"'UtId. of th.e Sitate cxf`Fl,orida, an,d cc)tiservationl lands own,ed
A,
by M CI-d
V. N Devctopmetivt BJ(.,,)ick Granit Disasster Recove!,y (CD.BGDR)
S �1 P1,20 graT,,ia to ptj.i� Ase and denm,ol Sh
rtnp.rov %oplea i'niagurin,g ricz !I ni a n t.0qud-ethe-hereby to BOCC Resolution '1.50-2020 11,
cissoc ated ROGO exie'riii.pit il nis, mirsumit
atiiwtrided on, mar-ch 171 2021. hroperrtics acqUired ,mder t1l r i.,ist 'be
opetrii space,, recreatioiti.,or,stor'n-imat,er n-mriage-men,:t.
i "his iss a.1 1 Jraza,rd 'Miltj gy ion,Gria.vii't Pr!2=1711, 0 1 P0,11 n� and De.tTioli on,: 'T
...........
1pli-o.graill; 'to puirchase zind demolish, ij-Ti.j,).roved proplerlies thiat were danaaged;
d,u:i-iti� 41 11 * i
g Hurri fcat'ie: Irrvia, to, acquire t'lle assoc iatea ROGO! exernptlon,,, atid to.
t
ni,aintn aii the acquiiired propetrues, as open space. Th.c: BOCC ati;i h or i ze d
18 20 18 Oten,,,i, D-4).I J prograni oin ., ti
suibirn,itfitig ai.grant,application fbrtl-iiis I fu IN
A;
V1.1. Flood, Mliti,* A.tiloni: Assistanice ff" kcc Dernio I i tion Th'S,Rf J M, --a.fisiticiin aii,,A' 11
-o -t wesre dam, iged program toll pitrichase and deln,�J,ofisl,i milproved im peories tliiuit
d re mted R.01GIO,mr 1 ig 1.111un,"cativ fii r na or other flood eve,nts, i. ,to a eq u the assoc
1 '0-4 deN
'he BOCC,I 11i ireld `1 and to n.,iah.,,i;ta'n 't -e acqui lic propei s as open, space.
all-111'111110,1111mill. ds-mb,mitting ai.grain't,appli-caitiort fi-tis,program on May 19,2021 (It ill.
n,it -t of V111. Florida Foreivet- Pr, ra:nrii,: MTOLA Nvifl, coloriclinate with "Flo.1-1da, Depart n.
Eriivi.rot,,mential Prolection (DEP) atriid Department of Eco.notirfic 0- pot u-n-ity
P
'I -ver-ty within Florida Fore(DEO) regat-diing thie Stale"s acquistitioln, of propet, I I
prQjects.. MCLA �illl strive as the BO('_".C`s agetiit 11-i Mi-plienienfing the 20 17
ofAgreenriient.,. as,sub,sequznitly,aj: b tw ieeen Mo n-roe Cou tity
ii.vri;ded,
and the Board of Tritistees of titre 11n.teriii,aJ hiiprovernzlil "I"t-ust FL1.11d,of the State of
F lon-da, anal Nvi.111, as,sist D P it idenitifying willi.tig selIcirs withiin. Ftorida Forever
'Not-]' `ti,, I I I - ven.t the NICLA ff'o: tnig.Ptollects. A I this agreen.-iient shafl, PiV 1171 Work'
1111, -fi(1,S, UnAer the
iy with, t'he DEP on acquis,itioiis of qUal.if"Y* )et cooperativel, 9 P1,01
exi.,stiti,g statutes. ainid orditian,ces,goverr ,rig land acqUisitions by both
enit,ifies..,
-11 -1!d'
.-c-s, a-nd -i , ing
'I'llUe to ha.:ndlie t1le fitiiancial servic, ii
stcr,ION 4, - F1NA'N'(,"1.N'(,]v,: T'lie B('),CC 'will con.fl
(indu,ding, bUt f101 10111ited to: 'bu,clget-1.119, payin"I.e lilt to vendor sand
ap,plicants, atid auditing) for the Progratirns, trefinvtr ice d above. Th,e ft'Arnds, iticlude: Rind 316
'1i i'01,111"Wnitai '[,..,and Maiizgetnt, iiid Resit(,�),raifion Fulid
iiii;v i
Acquisition Fctitiidl; R:tnd '160; 'Montv)e C,ot:nity I"'i, ' fir '-SSUe vendor(MCELMR111"')� CD,B(';'. D'R.- ['1MGY'6� atiild FMA. Thie Clerik. of the Court mlill coiii.,. iue to i
paytne:[ii& w,-td, BOCC FIT playrolli. T'he Oerkwill iaiziintairt! Board finaticial slateirrient-,s incktditi.-gannual
1 d ai,ud't tiii.efiloti;of B C OC.sfligle au dit report aiti!: i 1
-e "el 11, Pa yroll p itio osi-i s ati.c l to:
,S,3EtCT'tO;N'5.EMPLOYMENT: I he positriotriis i Jli j! ced, belo,w,�wi;I I be BOCCI
I
e -e` -crticed gra,nts,, will be funded by t1le BOC(.'1",, asi lotig as d1iie persons
the exdetilt not ftaiiii-ided by il Jet
J 't I 1 1 r
Withiin the. plois-itions. retim"n em,;, olycd "n tati posili'ioiti. Sud"I 1`a;., d1:4riig sl a1l; incluide alll!' ml,wilila, y
''ice spa 1,(.�);gy, ceil phoi V1 I i
niecessaty fix" stwh employee, 'Hicludhing, but niol' fiafited, to oift ce teclin,oj' I
j 1 1 Jt imlafly instairance beii,ittits, t,� tirement beiiii,efits,and vehicle(s),n.elces.sary to, 11.,11,plei,�i:ioift eac) pos Jon�. Add
61e, Nvill Will the gra.tit., Pro.gra;.iiiis f6r tiime expended by the
'N five Di to tiv (;�xtenir possil 4-01,Ai EXeCL1 11 trectolr,
Page 4. (,,)f;7
-e tx') lolt,iiglrer avail,able to ftirid pers-ont.�wl s-ervices., , .0-CC MCLA Ex''CCLA'i've Director. Wheni grant, �fiurld.s, at, B
gill cotiitin.ue-to 1.7ut,iid the posit�'iolls, sllb,ject t(:)atri;,tru!,tal appropriatllon,, unlessi otl-iietrwise agreed,to.,
Sl"A.f"V I NG PO S,IT I ON'N 1,J M B E R S
Lan!d Steward 61VIC'M-00.5
Lanld. Steward Assistant GMENV-020
NeNv '[-"'T'E La.n,d Steward Etirnployee TBD
C, OL,Ac(liL.tis'1!11,*o,,i 'Maiiiaget M RL,N-0 32
Mit 1 gat i oiti A d ni i n,i mrrato r GM BL(,)-053
�d t'Th,e Positions H'sted above, M�il I be t'n aanla.ge by aj-id, repo,- to, the MC L,,,,.A, Exect,itive Di rector!, accord 1!ng 10
e, as
PPI; - an,-ten.ded ftoni flitne to tim,
th BOCC adopted Persoti-inzl Pollicies, and Pniced,ures: (P M,ay be F .' Ifl,
J! -ions the c --!e ot any—gulat well as tiIiie Career Service Councd Act and cm sipot(fing, ruiles a,xijd, ie I ti
the, Exectifive --tor slj�,afl be
SLISpensim, di-scharge,,, j,e!d1ucT-,,ion, iri, pay, or dernotiorn of such. e,j1ri,,,PJovee,,s,, Direc .1 1.11
tt J, it -e Etrniploiyee Services Directorz and
11eq,ti,lred to ob a"n Coit,uuy Ad',mailn1straor aplmiroval with a-i wiew bly tlt"ie
1 Couii,rity Attorneyto r t assue he Ex ti De
r rector-t.'0 111owed ,the PPTP
SE CT,""1,0 N 6
t tlil Ani,y new poisitiot'i-is that will be added will be M.C*',I'...,A 'po,siltions. I ft a', a,JjY tinne atly, of fle loyees,
rI �es, 1`7otl uurre-n;fly Occuipyilig th.e pois-itionis fisted abiove leaves, the, puislit:tor or sepa,rat i n elim ploy tirlent With
I be t he,kloii-roe Co tinty, fiv position will frotn flillat,poin;t-foirward be an M,CI..,,A etniployee, and, MCLA H w
case, the parties will work. i-n good emplJoyer for all, purpo-ses, or tha"t, p-osi-t 11,on. In,this d.-t I
agree n.i,e tilt to-f-'Un,cl the.posifi,olin apc)p r� r -ta, -o gran.,i p teto,tlit Pli
r ch M" tFive (5)Foea he " poso fise h istio hel . by a, B-0- C. eiti t bowt - poin d Crn- oyee bLA
ii h.e BOCC for rnianaged by the MCLA ExeCLItive Direc-tor,, MCLA. algre:es'to Hi..,detn-ni �f� a:nd, hold hat-n.fl,ess,t.
40yment imluditigbtit n,o any and a.11 ei!Iiiployment cla.finis, 'tiled, 'by t-je, employee arisIng ourt of t1le empl
t federal., a I li,mli'ted to: workers,' coni.pen sat ion" atlid a.I'I,y clarlm,s, atis-inig ou: of stal,,e: o r Ioc
laws i n:cf Lid ingbtlt Jio�t firnitedi tio alleged violatioriiis, of Artiericalis wilh, Disabilities Act as atiliended, ntle
I-e exten1tht costs. of'such. clainis, ex,(.,,,eed any
V11, at'i!d, Section 504. of thie Re.habi,fill.tat ion Act of 19731, to, tI
T Ity if'ISU,rance coverage provided to the MCLA thlrOLI-gh thic Coi,tnty. 'The tern-i "claini!" shall iticlude fiabil*
or Poten-A,'ia.] liabdity t1`(:)ir wagesai,,W all, otln.i,,er,�f`i.-)nmias of darn,ages.,as,well as,attorneys' fees arid costs.
As, lotig a.s. B0,C`C fuinided etniployees, are assigned work", uinde-;r thie M('.'I,,,.A pursttantl to d1ii,is Sectio-trii. tlie
fun-ded
I I i ne i ,.T,,iy BOCC 1-mr,iries stlialll review ti-Jlis •section nio, lafei of each year t,,.o deterni�
pos,]!,tlons S1110U,ld 1-.)c: fta.ti,s,,itioined to! thie MCL,A. "I"he Pai-fies shafl work, cooperatively to seek any
(.)rdinance are n.ecess,ar to f6rillafize t1le legistative cl)langes to the MC LA etriiat.)Iing stalutle andl./oi Y
t r anis fier of t,,-11e B O CC fbn,ded, posit i o,l-is eatild prq.,,!ra.tY-j.s to;the NICLA.
SECTION 7 - (x1JI'S SERVWES: "Fl4e 10C*C will. provilde GIS services related to land acquisifionl,, andi
I an
If 3',OCC will co tinue to suppot W access and mlainterian,ce of related IS layers., Iti add'don,, thi-e 1, n,
-n ri j! -o
caj,PPI Progtm,ti `n,ch.,j,d`ng but tilot limited 1,
vide access t,oi sy's,iiiejIns fifles, and data. bia,ses, to s iort the S P ro
tuflig soift\vare- platt"Ornis.
oun cto- ;S. -tn
A I c n e-m,y Oz u.,n ity P 1,�tj S,, c 1-ty d ata s e"I-ve rs ca jill c,l fil e di I e tar i e ail d pet,
five D'ector[-A,ecul
SECTION8. - 'EX'Ectrrt w� DIREC'170 R,VEHICLE- "I"'he BOC('..; w ll i provide
a t iei,t \v i I I be i,,itairied b j .1.1. LISC� Of the 10011/931814vehicle, Th.e vehicle colveted hil.th-is irterlocal agreel 11 i Wt, 'Y
es betriefit, s&ue,11; as',tht Cotu'lly fleet 111lam"vi g�en,,ient anld itwkided iril, Ole replace:tnietrit progranii, ,wl ich Provid
'P a oe, 5 of 7 tn
btalk pu.,rcfiasiliglr. The MC[L.A will pay the county's, annual nawnitenarilice,, repairI, anid, Cost of
C e'.the, veh.fcle, esthnaled by th:e, buidget office by illivoi,
SECTION 9-
t o wr i ti n and,d L Y.A. Modifications w 11-tis Agree;rinient shall bc valid,o irfly when! red uced
signed by all pa irties. li f any terl-ni (,)r, provisic,'m aftillids Agree-nnenit- sh-all be invalid. or
I re tio coin-ivilly ill-i he w t r et-naimIn tern tid
c), iis a unlen'Forceable to aili,y e,.sotent, the 1,)iarties a i
"m tons woula pre -t the
Pl'�ovisl,,O'tl.S,, Ullifess corna,twe with tht reniaill.-i"-lig tetkj:lls and prc si ven ,
acconipfilshna,ent of the or-11g,linal 1,11 tel,"l."A", ofthie aarreeiiiient betweet"i, thic parties. Eitilie.r- pairty
at any 1,hrne, witi,h, oj-:- wilthout cai,ise-., Ten.-niniation shzll. take
efTect tipoiri, trecenpit of Nviritten twfificafiojlllbiy a,Pailly to;the athi,ej ml,
B. Notli'filcationi Lttiider thisAgreement stha be, m,&de by hand del ivc�.ry,, LJ.S c-4e. lied
-oof r hi'mi, recellpti.-c-quested, or an,express iniaill, with ,I)i I I ly a jparty
-e I shal,111, be delivei d as, Ho
Monroe Cotmt.Y Admiinist-.rlator
'I 10 0 S ini!o nto n. Street
Key West,, Fl., 33040
Monroe Coy ntyAt nor
n-ey
ivet,Sulsit,,e,408,Mont-oe County Com.prehensivcPtan Land Atithorlty Executlill"ve Direct-m-
1200 Tt-i.ulnati.Ave, Suite,207
Key "West, FL, 33,04,0;
Gregory S,. Oiropeza, Esquire
Nttorney ft)ir Mon,roie County ConiprehensIve 1-11(ari,Land.Nulhorfty
221 Simonto-ti, Streel
Key 'Wes,t, F1, 33040;
i-eiritainder a tliis,pq�,e is inlentioi-jally, blan,k]
Page 1 6 of7
WITNESS H ERR F. the pa rt i es hereto IIUVC C HLi SOd tli i s Agreernem to be executed by their
thereto duly a L1tl1 riled+
E 1 1 MADOK.CLERK MON ROE COUNTY BOARD OF
COUN'f'Y COMMISSIONERS
,
13 + .
a
As Deputy 'Irk �.��. � -� Michelle Cold i rots. Mayor
A;,krf M� ��� Approved for legal sufficiency for reliance by the County Commission only.
a Robert B. Shillinger, County Attorney
Di9pta III sigrtiCd by Rob�rt B.5h iLlinger
DN!cn-Rabat B.Shil1kn9e r,o=Monrim Lour,ty ROC C.
Robert # Shillinger n u=Mon roe Coumt�Attorney,email=shi II irigcr-
bobQmonra C0UrLt•y41-g0w,c=US
Date:202).07 23 15 NOS 'OIY
N E COUNTY
tom, ----- COMPREHENSIVE PLAN
` off gs'oe [-AN D A1_J'1'H OR 1T
9fs yr $F
y. G By,
liar]es G. Putt ison, E ecul i ve Lei rector [ iv id P. ice_Clialrinan
1-%& 1 MOVED FOR LEGAL SUFFICIENCY:
�J
re.go r�r +OTOpeza. E sq.
. •r/ter y
` C
S
� F
Noe 7 of
r� ��'�; ���,��' � BOARD OF COUNTY COMMISSIONERS
Countyof �s,��f��.,,.,�
,,
"✓J' '4f' M1 Mayor Michelle Coldiron District 2
The Flofida Keys '�%% �;� �� ' '''������ Mayor Pro Tem David Rice District 4
,��J ,,�„�` �4 � �,
w ,
Craig Cates,District 1
� Eddie Martinez District 3
Mike Forster,District 5
County Co ssion Meeting
September 15, 2021
Agenda Item Number: K.1
Agenda Item Summary #8529
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Michael Roberts (305) 289-2502
N/A
AGENDA ITEM WORDING: Approval to reject all proposals and rebid the Request for
Proposals (RFP) for updates of the County's 2009 Geospatial Land Cover Dataset and Tier Overlay
District Maps for the Florida Keys, due to a delay in receiving updated 2021 Aerial Photography.
ITEM BACKGROUND: In 2008, Monroe County contracted with Photo Science, Inc. ("Photo
Science"), for the development of a geospatial land cover dataset for the Florida Keys. Monroe
County required Photo Science to create a land cover dataset developed from 2006 high resolution
orthophotographs, combined with field work, to produce an updated land cover geospatial dataset.
This geospatial dataset is referred to as the "Habitat" layer in the County's Geographical Information
System ("GIS"). The Habitat layer is used in part to determine the cover of native upland habitat and
is a key tool in the development of the Tier Overlay District maps.
The Monroe County Comprehensive Plan requires the updating the "Habitat" layer and utilizing this
data to review and determine if the Tier Overlay District map amendments are needed to further
protect and enhance native upland vegetation.
On April 21, 2021, the BOCC approved an Interlocal Agreement (agenda item U5, #7969) with the
Monroe County Property Appraiser (MCPA) to acquire updated Aerial Photography of a Six Inch
(6") Resolution and Oblique Photos of a Four Inch (4") Resolution, at a Cost of $32,546 to the
County. Pursuant to Section 195.022, Florida Statutes, the Florida Department of Revenue is
required at least once every three (3) years, to provide property appraisers with aerial photographs;
and in counties with a population greater than 25,000, such as Monroe County, such photography is
at the property appraiser's expense. The MCPA entered into an agreement with Eagle View, Inc., to
provide the updated aerial orthophotography at six-inch (6") resolution, as well as high-resolution
(4") oblique imagery in the developed areas of the County.
On May 19, 2021, the BOCC approved advertising a Request for Proposals (RFP) for updates of
2009 Geospatial Land Cover Dataset and Tier Maps for the Florida Keys as required by the
Comprehensive Plans to be used by staff, a required Tier Review Committee, and the Board, in the
required update of the Land Development Code Tier Overlay District Maps, along with evaluation of
the listed, threatened, and endangered species habitat (agenda item KS, #8181). The solicitation
specified the use of 2021 digital orthophotography being performed by a vendor for the Monroe
County Property Appraiser and included the following Scope of Services:
A.Updates to the existing land cover classification to meet the needs of the Planning &
Environmental Resources Department utilizing the 2021 digital orthophotography
described in 1.04.
B. Perform quality control and quality assurance (including groundtruthing of digital
orthophotograph land cover signatures) to determine the accuracy of the final land cover
dataset. The quality control and quality assurance and cover and classification delineation
techniques will be summarized in a written report.
C. Tier Mapping. Consultant shall review existing Tier Overlay District maps and make
recommendations for revisions or amendments in accordance with Comprehensive Plan
Policy 106.1.1 and Monroe County Land Development Code Chapter 130-130 (c). Prior to
Monroe County processing updates to the Land Development Code Tier (Zoning) Overlay
District Map, the Consultant shall evaluate the listed threatened and endangered species (as of
2021) and the criteria included in Policy 205.1.1 (Tier Overlay District designation criteria) to
determine if amendments are required to further protect and enhance native upland vegetation.
D.Technical Support for Tier Development Review Committee. Consultant shall provide a
professional biologist familiar with the native vegetation and plant communities of the Florida
Keys to provide technical support to the County 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 Carrying
Capacity Study, Policy 106.1.1 and LDC Section 130-130(c).
E. Deliverables at a minimum shall include:
1. Habitat mapping: a GIS File Geodatabase containing the land cover dataset compatible
with ArcGIS 10.8.1 and ArcGIS Pro 2.7.2 or more recent version and associated metadata
file. The data will be in the State Plane Coordinate System, Florida East Zone, in units of
US Survey Feet.
2. A Final Report detailing changes in Land Cover by habitat type and reason for the change
(e.g.: development, mapping error, environmental conditions, etc). The Final Report shall
include a review of the QA/QC procedures and will address issues encountered with
polygon classification such as photo quality, signature variance or misinterpretations of
mapping units, etc.
3. Preliminary Tier Overlay District map amendment recommendations
The County shall own the deliverables, and shall have sole rights to reproduce and sell any
data or derivative information, and Respondent shall have no copy right or right to sell the
data set or derivative of the data set resulting from this RFP.
F. It is anticipated that this project can be completed within eighteen (18) months of
authorization to commence work.
The RFP was advertised on May 19, 2021 and proposals were opened on June 29, 2021. Two (2)
vendors submitted proposals prior to the proposal opening date and time.
The selection committee met on July 9, 2021 in a virtual public meeting. The selection committee
publicly discussed the proposals, received public comment and completed their individual scores.
County staff was intending to seek approval to negotiate with the vendors in rank order but after the
selection committee meeting, on July 15, 2021, the Monroe County Property Appraiser's (MCPA)
Office informed County staff that the aerials produced by their vendor, Eagle View, Inc., did not
pass the Department of Revenue's quality control reviews and were rejected. MCPA is coordinating
with their vendor and has stated that the vendor is expected to re-fly the images again with a planned
start this November, with an anticipated deliverable timeframe by the end of May 2022.
Since the scope of work proposed within the subject RFP requires the use of the 2021 updated
aerials (2021 digital orthophotography performed by a vendor for the MCPA) and the aerials are not
available, staff believes the appropriate course of action is to reject all proposals and re-issue the
solicitation at a future date.
PREVIOUS RELEVANT BOCC ACTION:
April 21, 2021: Approval of an Interlocal Agreement with the Monroe County Property Appraiser to
acquire updated Aerial Photography of a Six Inch (6") Resolution and Oblique Photos of a Four Inch
(4") Resolution, at a Cost of$32,546 to the County.
May 19, 2021:Approval to advertise a solicitation for the Updates Of 2009 Geospatial Land Cover
Dataset And Tier Overlay District Maps For The Florida Keys.
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Approval to reject all proposals and rebid the RFP.
DOCUMENTATION:
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
N/A
08/18/21 148-52000 • ENVIRONMENTAL RESOURCES $212,872.00
REVIEWED BY:
Emily Schemper Completed 08/24/2021 11:52 AM
Christine Limbert Completed 08/25/2021 2:08 PM
Assistant County Administrator Christine Hurley Skipped
08/24/2021 9:28 AM
Purchasing Completed 08/25/2021 2:51 PM
Budget and Finance Completed 08/26/2021 3:21 PM
Maria Slavik Completed 08/26/2021 5:31 PM
Liz Yongue Completed 08/30/2021 2:15 PM
Board of County Commissioners Pending 09/15/2021 9:00 AM
1
3
4
5
MONROE OUN Y` FLORIDA
7 MONROE ' TINT BOARD E COUNTY COMMISSIONERS
RESOLUTION N . �- 0 1
9
10 A RESOLUTION OF THE MONROE COUNTY BOARD E COUNTY
l 1 COMMISSIONERS (11BOCC") ESTABLISHING THE MARINA PUMP
12 OUT OUTFITTING PROGRAM I-IMPI P'' TO PROVIDE ASSISTANCE
13 TO MARINE FACILITIES AND MARINAS IN COMPLYING WITH THE
14 PROVISIONS OE THE MONROE COUNTY COMPREHENSIVE PLAN
15 AND MONROE COUNTY LAND DEVELOPMENT CODE REGULATING
16 AND E UI II PUMP OUT EQUIPMENT TO REDUCE E POLLUTANT
17 DISCHARGES AND IMPROVE WATER QUALITY.
f
19 WHEREAS, the Florida Keys are designated as an Area of Critical State Concern to
Z_V p rot�ct the many s ign i f i ant r our a s, i n lu d in the protection and iris prov ir��nt �f�earsl�o�'
l water quality; and
22 WHEREAS, all state and federal waters of the Florida Keys s are federally-designated as a
23 No Discharge Zone "N DZ" which prohibits the discharge of both treated and untreated waste
4 into Keys waters; and
25 WHEREAS, the Florida Key National Marine Sanctuary -'F KN [ " established a
26 WaterQUality Protection Program in 1994 to maintain and restore the ideal water qualitv needed
7 for the marine a osystem in the Florida Keys s and the sanctuary waters of the FIB lei [ : and
28 WHEREAS, the FKNMS Management Flan recommends strategies to eliminate vessel
29 wastewater discharges by requiring that marinas provide pump-out facilities to increase the total
0 number and avail bi l itv f pump out opportunities for both shores id a and anchored vessels; and
1 WHEREAS., the BOCC supports and requests continu ed prioritization and technical
1211 nceict'Anr
from the F KN [ Water ual i Prot ction Program to en ur water qu ali t F prote tion
33 and monitoring of the influences of discharges from vessels: and
4 WHEREAS,, Monroe Count} policies and regulations adopted its the Monroe County
35 Comprehensive Flan and Land Development Code are to maintain public health, safety, and
36 welfare of the citizens of the Florida Keys, enhance the quality of life, n u r the safety of Count}
7 residents and visitors, and protect valuable natural resources; and
38 WHEREAS, 2030 Monroe County Comprehensive Flan Objective 202.3and associated
39 policies attached as Exhibit 6"A." hereto specify that Monroe County shall encourage use and
1 of
40 e pa ns io n of sewage pu mp-out fa ']1 itics throug hoot Monroe Cou nty to red uce Pol lutant d is har e
41 into nearshore surface waters from live-aboard vessels; and
42 WHEREAS, Monroe County Comprehensive Plan Policy 0 .3.1 authorizes living on
43 board a verse 1 at a shore s id e 1 oeati on o n ly if the vessel i s at a marine fac i t It , i n l u d in g a marina,
44 or within orr mer- ial fishing areas and commercial fishing special districts, that provide fixed
45 pu rn p-out facilities; and
46 WHEREAS,, Monroe Cou my Com prehens i ve P1 an Pol i cy 2 o 3.1 a rid Section 118-16 of
47 the Monroe County Land Development Code require new and existing marine facilities, including
48 marinas,with ten 1 o slips or more, or one live-aboard slip, provide a fixed pump-out station and
49 require 1 l marinas, regardless of s i Ze, to provide sign age conspicuously pasted at dockage sites
o educating the I ive-aboard pub l is abo ut the i mportance of pu m p in g out and g i ire c lea r d i re Lion s to
1 the nearest pu to p-out stat i on s; and
52 WHEREAS,, Monroe County ompr hens']ire Plan Pol i cy 2 02.3,2 and Section 118-16 o f
3 the Monroe County Land Deve io p tin ent Code provide that existing marine facilities, including
4 marinas, as identified through the Monroe County Marine Facility Su e or other best available
55 data sources,which do not have an on-site p umpout station, be notified of the requirements for on-
56
site pure pout facilities, s i gnage, and any available funding assistance, such as the Florida
7 Department of Environmental Protection "'F DE P" lean Vessel Act ', grant program;
58 and
59 WHEREAS,, M onroe C ounty C omprehens ire F lan Po l icy 202.3.2 an d S e tion 118-16 o f
0 the M onroe Cou nty Lan d Developnie nt Code requ ire that a l l m ari ne faci I iti es and m ari nas wh ich
1 must provide on-site p umpout stations shall keep those pumpout stations operational, and ensure
62 that pcImpOut service is available to the patrons of those m ari ne facilities and marinas; and
63 WHEREAS,, there are an estimated 489 marine facilities throughout Monroe County with
4 an estimated 0 -1,000 live-aboard vessels at these shoreside locations; and
65 WHEREAS.data inn icates that on l %of these faci l ities have p u mpout equ i pm ent;and
66 WHEREAS, Monroe County desires to expand the number of Gressel sewage pump-out
7 facilities throughout Monroe County to reduce pollutant discharges into nearsh ore surface waters;
68 and
69 WHEREAS, the County desires to establish and implement a Marina Pump Out
70 OulfalIng Program "' P" to provide technical and educational assistance to marine
71 facilities and marinas including, but not limited to, assistance with County and State perm ittrn g
7 r- u it m_ ents and funding opportunities from the FD E P CVA grant program for the purchase,
73 installation, operation and maintenance of on-site pum pout equipment; and
74 WHEREAS, the F DE P CVA grant program can fund up to 7 % of costs associated with
75 the purchase, installation, operation and maintenance of purnpout equipment; and
76 WHEREAS. fae i I ities re e i v ing CVA fu ndi rig mu st prov id e publ is access to the pu m pout
77 qur i p meat which i11 ex pan the avai tab iI its of shoreside pumpout facilities for use by the boating
78 public; and
of
79 WHEREAS.the F ILL P CVA Pro grans also provides resources,tools and technical support
80 to fac i l hies w i sh ing to i nsta l I a sewage pu m pout system inc l ud ing as s i stance with im p lementation
1 of a Clean Marina Program; and
82 WHEREAS,,``mart ne fa i L i " is de ined 1 n e ction 101-i f the ,and Devel p1r�ent ode
- as a dock,ing fac i lit F with ten slips or more, or one Iiv -aboard slip; and
4 WHEREAS, ;.marina" is defined in Section 1 1-1 of the Land Development Code as
85 facility for the storage, launching and securing of vessels and/or live-aboard vessels,together with
accessory86 retail and/or service uses, i ne l ud ing but not lira i t d to corn r� rc is l retail, stau ants,
87 vessel rentals,charter vessels, vessel repair, sport diving operations and the provision of fuel.The
88 t rr
marina does not include docks accessory to a land-based dwelling unit limited to the use of
89 owners or occupants of the dwelling Unit;, and
90 WHEREAS, in determining rhether a dock*ng facility has ten slips or more for the
1 purpose of defining the facility as a ` marine f cil sty" under Section 101-1 of the Land
92
Development ode, MonroeCounty staff will utilize best available data such as the Monroe
93 County Marine ne Fac lit y Survey, Information received from the facility, historic aerial imagery,
4 permitting records and other available data sources; and
95 WHEREAS, on ly wet storage of v essels w i l l be eons i dered in the tota l number o f s l i ps i n
96 determining whether a facility is considered a-",marine facility-,"' and
7 WHEREAS,, for i m p iementation of the MPOOP program, the terms "on-site pure pout
F� "on-sitebut fair facilities," }� e u m -out facilities"' r "fixed pu ni p-out station"'
98 station, pump p p
99 identified in the Monroe County Comprehensive Plan Policy and Land Development Code shall
herein n be referred to a s a ``fixed u m out item" which shall man any type of permanently
1�0 h � .
fled u m out equipment meat aloe with all necessary plumbing, such as a vacuum-based
1 1 installed p p q p g
102
centralized system containing single or inu lt'ple pump stations and/or point-of-service stations),
103 capable f handling l in g all vessel sewage generated at the marine facility or marina; and
p �
WHEREAS, for i ni�l m ntati
1�� on of the MPOOP program, portable pum pout equipment
105 designed to rnanu al ly trans port waste, suc h as a rn obi lc pure pout vesse l or a mo hi ie pu rTi pout cart
106 with a temporary waste holding tank, shall not constitute a fixed pu rn po art system due to the lack
107 f State permitting requirements that ensure the treatment system receiving the waste is capable of
108 handling and tracking this concentrated effluent; and
109 WHEREAS,� r search suggests that live-aboard slips should he individually plumbed to 110 provide the most suitable means for waste to avoid the necessity of frequent vessel
III relocation which has been identified as a significant hurdle in boater compliance; and
ll
WHEREAS, the fixed p u m po u t system should be designed to consider the current and
113 future u sage, type, and size of vessels at the facility-, and
114
WHEREAS,, the Monroe County MPOOP program furthers the goals and objectives of
_
ll
the Monroe County ComprehensivePlan for water quality improvements in our nearshore waters
116 as well as the Florida Keys Area of Critical State Concern designation.
of
117 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
118 EMI I E F MONROE COUNTY., FLORIDA,THAT:
119 Section 1. Recitals and Le2is lative In terms tt.The forego]n g recita I s are tru e and correct,
120 and are hereby incorporated as if fully stated herein.
121 Section 2. The BOCC does hereby establish the Marina Pump Out Outfitting Program
1 ("MP OOP") and supports the implementation of the 1 1 POOP program to
123 assist marine facilities and marinas by pro id ing to hn ica l and ed u ationa l
124 assistance including, but not limited to, assistance with County and State
125 permitting requirements and grant funding opportunities for the purchase,
126 i nsta l lation, operation and mai ntenance o f on-sire pu mpout equ i pment.
127 Section 3. In determining whether a docking facility has ten slips or more for the
1,28 purpose o f d efi ning the f aci 1 ity as a"marine fae 11 ity'ly u nd er S ection 101-1 0 f
129 the Land Ike velopmeM Code, Monroe C ounty staff w i I uti l i e hest aval lab le
130 data such as the Monroe County Marine Facility Survey, information
131 received from the facility, historic aerial imagery, permitting ree r and
132 other available data sources.
133 Section 4. Only wet storage of vessels will be considered in the total number of slips in
134 determining whether a facility is considered a"marine facility."
135 tion 5. The terms "on-site pum pout station,"' "on-site pu mpo ut facilities," "Fixed
1 -- Pu aip-out facilities" or 4`fixed pu nip-out station" identified in the Monroe
137 County Comprehensive Plan Policy and Land Development Code shall
138 herein be referred to as a "'fixed pumpout s item" which shall mean any
139 type of permanently installed pu mpout equipment along with all necessary
140 plumbing, such as a vacuum-based centralized system containing .single or
141 multiple pu r np stations and/or point-of-service stab ores # capable of
142 handling all vessel sewage generated at the marine facility or marina.
143 Section 6. Portab le pu mpaut equ ipment designed to m annual ly transport waste, such as
144 a mobile pu mpout vessel or a mobile pump out cart with a temporary waste
145 holding tank, shall not con solute irute a fixed pum pout system due to the lack of
146 State permitting requirements that ensure the treatment system receiving the
147 waste is capable of handling and tracking this concentrated effluent.
148 Section 7. The B OC C directs staff to lau nch are educational mar etin g eampai gn for the
149 MP OOP program.
150 Section 8. The BOCC directs staff to collaborate with the FDEP on permitting
151 gu id ante, CVA furld ilig opportunities and educational outreach to marine
152 facil Mies and man nas.
153 Section 9. Construction and Interpretation 4 This resolution and its interpretation
154 shall he liberally construed and enforced In favor of Monroe County to
155 effectuate its public purposes and po l icy ies of the County. 1*he
156 construction and interpretation of this resolution and all Monroe County
4 of
157 Comprehensive Plan prov i s ion } Monroe County Code of Ordinances and
158 Monroe County Land Development Code provisions,Florida Building Code,
159 Florida Statutes, and Monroe County Resolution provision(s) whose
160 interpretation arises out of,relates to,or is interpreted its connection with this
161 resolution shall he liberally construed and enforced in favor of Monroe
162 County to effectuate tuate its public purposes and po l ie i s of the County,and
163 shall he construed its favor of the BOCC and such construction and
164 interpretation shall he entitled to great weight in adversarial administrative
165 proceedings, at trial, in han ru ptc , and on appeal.
166 Section 10. No Liabili . Monroe ounty expressly reserves and its no way hall he
167 deemed to have waived, for itself or for its officers , emp to co , or
168 a ent , any sovereign, governmental, and any other similar defense,
1 ins mu n it . ern pt i re, or protecti ors a ainst any 31 u it, cause-of-acti n,
170 demand, or liability.
171 Section 11. Severability. If any provision of this resolution, or any part or portion
172 thereof, is held to be invalid or Unenforceable by any administrative hearing
173 officer or court o f competent j uri sdiction, the i nval id ity or u nenforce b i I ity
f such provision,or any part or portion thereof,shall neither limit nor irnpair
175 the operation, enforceability, or validity of any other provision o1 this
176 resolution, or any remaining part(s) or port ions) thereof All other
177 provisions of this resolution, and remaining part(s) or portion(.) thereof,
11 shall continue unimpaired in full force and effect.
179 Section 12. Conflicting Provisions. All resolutions in conflict with this resolution are
180 hereby rcp a al ed to the extent of said conflict. The repeal of a resolution
18 1 herein shall not repeal the repealing clause of such resolution or revive any
182 resolution hich has been repealed thereby.
183 PASSED AND ADOPTED her the Board of County Commissioners of Monroe County,
1 8A kjorida, at a'Se u I ar rn e t its held on the 1 `�`day of June, 202
1.
u. 4-
1 Mayor Michelle Coldiron Yes
�TMayor Pro Tem David lice Yes
1 - onimi ssioner C rai g Cates Absent
•_• �� y z
Commissioner Eddie Martinez Yes
Commissioner Mike k Forster y es
191:._
1 (SEAL) BOARD OF COUNTY COMMISSIONERS
193 Attest: I F TN ILIA DO H Clerk OF MONROE COUN'T`
14 y
�e )U Bv:
poty Clerk Mayor Michelle Co ld i ro n
ISO ROE CO ATTORNEY
APP TO FORM
PM R MORRI
ASSISTANT COUNTY ATTOFINEY
Date: 1
EXHIBIT A
Monroe County Comprehensive Plan Update
Ob j' t ire 202.3
Monroe County shall support existing vessel discharge regulations, including the No
Discharge Zone regulations of the Florida Keys National 1 Marine ne an tuary, and
encourage use and expansion of sewage pump-out facilities throughout Monroe County
to reduce pollutant discharges into ncarshore surface waters from live-aboard vessels.
[§1 . 1 77d. l.h., F. , §1 3. 1 77d. .e., F. •]
Policy 202.3.1
Within one 1 year after the adoption of the 2030 Comprehensive Plan, Monroe
County shall adopt and maintain regulations pertaining to docked or moored to
land live-aboard vessels which:
1. prohibit living on board vessels and floating structures of any type except at
marine facilities, including marinas, and within commercial fishing areas and
commercial fishing special districts, with fixed pump-out facilities; and
. require that new and existing marine facilities, including marinas, with ten
slips or more,or one live-aboard slip, provide a fixed pump-out station; and
3. require all marinas, regardless of size, to provide si gna a conspicuously
posted at dockage sites educating the live-aboard public about the importance
i
of pumping out and giving clear directions to the nearest pump-out stations.
[§163.3177(6)d.2.b., F. ; 1 . 177 d. .e., F.S.]
Policy 202.3.2
Existing marine facilities, including marinas, which do not have an on-site
pumpout station, as identified through the Monroe County Marine Facility Survey
or other hest available data sources, shall be notified in writing of the
requirements for on-site pumpout facilities grid s ign g hand am available
funding assistance, such as the DEP Clean Vessel Act grant program) within 1
months after the adoption of the 2030 Comprehensive Plan. Such marine
facilities and marinas shall have 12 months from the written notification to
provide an on-site pumpout station and associated si ns ge. All marine facilities
and marinas which are required to provide on-site pumpout stations are required
to keep those pumpout stations operational, and ensure that pumpout service is
available to the patrons of those marine facilities and marinas.
- Policy 202.3.3
Development of the management recommendations for live-aboard vessels shall
he coordinated with NOAA to ensure consistency with recommendations of the
Florida Keys National Marine Sanctuary Revised Management Plan.
[§163.3 1 77 d. .h., F. ; §16 3.3 177 d. .e., F. .1
Conservation and Coastal management Element 4 Keith and Schnars,P.A.
Comprehensive plan
Final Adopted Version April 13,2016
���% ��;,��,ti�' BOARD OF COUNTY COMMISSIONERS
Countyof �� „�,�,.,,,,t.,,�, � .
�'�'`` Mayor Heather Carruthers District 3
• ` %���t�„ �� � r � Mayor Pro Tem Michelle Coldiron District 2
The Florida Keys �f l�°�° "�°��� � Craig Cates District 1
David Rice District 4
W j Sylvia J.Murphy,District 5
CountyCo 'ssi on Meeting
May 20, 2020
Agenda Item Number: H.5
Agenda Item Summary #6735
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Michael Roberts (305) 289-2502
11:00 AM Requested
AGENDA ITEM WORDING: Presentation to the Monroe County Board of County
Commissioners on the Florida Department of Environmental Protection Resilient Coastlines
Program Grant to Update and Reorganize Elements of the Monroe County Comprehensive Plan to
Incorporate Climate Change-Related Vulnerability and Adaptation Information and to Address
Recently Enacted "Peril of Flood" Legislation Under Chapter 163, Florida Statutes.
ITEM BACKGROUND:
The Florida Department of Environmental Protection ("FDEP") awarded Monroe County a Resilient
Coastlines Program Grant to update and reorganize elements of the Monroe County Comprehensive
Plan to incorporate vulnerability and adaptation information, primarily in the County Comprehensive
Plan's Conservation and Coastal Management Element. This grant's scope of work continues
Monroe County's historical efforts to increase the County's resiliency through Comprehensive Plan
amendments to:
1) Address recent "Peril of Flood" state legislation through organizational and text amendments;
and
2) To prepare updates to one or more Comprehensive Plan Elements to incorporate the County's
past county-wide vulnerability work that includes but is not limited to:
• An initial vulnerability assessment;
• A pilot road elevation analysis;
• A set of interim road elevation design criteria; and
• Recent NOAA-funded Hazus modeling.
Task 1. Gap Analysis to Support Future Amendments to the Monroe County Comprehensive
Plan.
Data gaps (and related data needs) must be identified in order to update and reorganize elements of
the Comprehensive Plan to incorporate vulnerability and adaptation information, primarily in the
Comprehensive Plan's Conservation and Coastal Management Element. Two questions that must be
successfully resolved in order to furnish sound bases for such Comprehensive Plan amendments
moving forward are "First, what do we have?" and "Second, what do we need?" Monroe County has
so far completed extensive work in its GreenKeys planning efforts, has gathered county-wide mobile
LiDAR, has updated its modeling using Hazus, and has commenced a county-wide adaptation and
vulnerability analysis of roads. Analysis of all of these data-sets will be critical to developing the
County's policy priorities in future Monroe County Comprehensive Plan amendments addressing
recent "Peril of Flood" legislation under Chapter 163, Florida Statutes. Ultimately, a single
deliverable under this task will include providing a "Gap Memorandum" identifying current and
needed data necessary for these expected future amendments to the Monroe County Comprehensive
Plan's Conservation and Coastal Management Element.
Task 2. Draft Amendments to the Monroe County Comprehensive Plan, Including But Not
Limited to Addressing the State's Recently Enacted "Peril of Flood" Legislation.
This task includes a review of the 2030 Monroe County Comprehensive Plan to formulate a strategy
to develop future Comprehensive Plan amendments to address recent "Peril of Flood" legislation
under Chapter 163, Florida Statutes. Monroe County has already accomplished much with the
adoption of its Energy and Climate Element into the County Comprehensive Plan, all of which pre-
dated the state's recently enacted "Peril of Flood" legislation. Monroe County's GreenKeys Climate
and Sea Level Rise Plan was adopted around that same time, and Monroe County has since then
commenced several vulnerability and data initiatives geared toward developing County policy
priorities accounting for the warming of global surface temperatures and resulting rising seas being
wrought by climate change. Monroe County is, via this grant's scope of work, seeking to
significantly update its Comprehensive Plan, particularly within the Comprehensive Plan's
Conservation and Coastal Management Element, to address recent state "Peril of Flood" legislation
under Chapter 163, Florida Statutes, as well as to reorganize Monroe County's Goals, Objectives,
and Policies related to climate change's effects and impacts of warming the planet and raising the
sea level.
Task 3. Internal and External Engagement with Regional Collaboration.
The grant's scope of work includes internal, external, and regional engagement components that will
ensure internal vetting as well as strong public involvement. After the initial draft of such
amendments, a public workshop series will be undertaken, in three (3) locations in the Upper,
Middle, and Lower Keys, in order to maximize public involvement opportunities. A Board of
County Commissioners briefing will also occur during the engagement process, in order to provide
an additional opportunity for public input.
The public meetings originally scheduled for March 17th, 18th, and 23rd, were all postponed due to
executive orders and emergency orders and directives issued in the wake of the ongoing COVID-19
pandemic, and will be rescheduled to a later date.
This briefing shall satisfy the BOCC briefing requirement of this grant.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION:
DOCUMENTATION:
Task 1 Gap Analysis FINAL
Task 2.1 Review Memorandum FINAL 102419
Task 2.2 Coastal and Conservation Element POF Amend 120919
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
NONE
REVIEWED BY:
Emily Schemper Completed 04/29/2020 11:29 AM
Assistant County Administrator Christine Hurley Completed
04/29/2020 1:47 PM
Peter Morris Completed 04/30/2020 9:14 AM
Purchasing Completed 04/30/2020 9:17 AM
Budget and Finance Completed 04/30/2020 10:06 AM
Maria Slavik Completed 04/30/2020 11:19 AM
Kathy Peters Completed 04/30/2020 4:5 8 PM
Board of County Commissioners Pending 05/20/2020 9:00 AM
Task 2.1: Review of Existing Elements for Strategy Regarding Peril of Flood Amendments
To: Michael Roberts, CEP, PWS, Assistant Director/Environmental Resources
Monroe County, Florida
From: Erin Deady, Esq., Project Manager
Re: Monroe County, "Review existing elements to determine strategy for Peril of
Flood Amendment compliance", Task 2.1
Date: October 10, 2019
1. Executive Summary
Pursuant to Task 2.1, this memorandum includes a review of existing elements to
determine strategies for Peril of Flood Amendment compliance. To provide flexibility, several
alternatives are listed within this memorandum. As you know, the primary focus of this effort is
to bring the Comprehensive Plan ("Comp Plan") into compliance with requirements added to
Section 163.3178(2)(f), Fla. Stat. (Peril of Flood Law).
H. The Peril of Flood Law
Section 163.3178(2)(f), Fla. Stat. was amended in 2015 (known as the "Peril of Flood
legislation"and referred to herein as the"Peril of Flood Law")to protect coastal resources against
sea-level rise and other climate change-related impacts. Pursuant to the law, the County's
Conservation and Coastal Management Element must be revised to include "...A redevelopment
component that outlines the principles that must be used to eliminate inappropriate and unsafe
development in the coastal areas when opportunities arise...." Coastal Management Elements
must now:
1. Include development and redevelopment principles,strategies,and engineering solutions
that reduce the flood risk in coastal areas which results from high-tide events, storm
surge, flash floods, stormwater runoff, and the related impacts of sea-level rise (SLR).
2. Encourage the use of best practices development and redevelopment principles,
strategies, and engineering solutions that will result in the removal of coastal real
property from flood zone designations established by the Federal Emergency
Management Agency.
3. Identify site development techniques and best practices that may reduce losses due to
flooding and claims made under flood insurance policies issued in this state.
1
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4. Be consistent with, or more stringent than,the flood-resistant construction requirements
in the Florida Building Code and applicable flood plain management regulations set forth
in 44 C.F.R. part 60.
5. Require that any construction activities seaward of the coastal construction control lines
established pursuant to s. 161.053 be consistent with chapter 161.
6. Encourage local governments to participate in the National Flood Insurance Program
Community Rating System administered by the Federal Emergency Management Agency
to achieve flood insurance premium discounts for their residents.'
111. Monroe County Comprehensive Plan
Monroe County's current Comprehensive Plan was adopted through Ordinance No. 005-
2016 on April 13, 2016 by the Board of County Commissioners. The Comprehensive Plan already
contains an "Energy and Climate" Element and GOPs already exist addressing climate change,
sea-level rise, hazard mitigation and energy consumption, some of which could likely fulfill the
Peril of Flood requirements.
These GOPs addressing climate issues, inclusive of flooding, are located primarily in the
"Conservation and Coastal Management" Element and the "Energy and Climate Element" and,
to a lesser extent, in the "Future Land Use," "Traffic Circulation," "Drainage," "Natural
Groundwater Aquifer Recharge," and "Capital Improvements" Elements.2
IV. Alternatives for Consideration
The following are alternative approaches for the integration of climate information into
the Comprehensive Plan and meeting the Peril of Flood requirements:
Option #1 Narrow approach: Add new narrow "Peril of Flood" related Goal into Conservation
and Coastal Management with the 6 statutory requirements met through a combination of
Objectives and Policies. This could include appropriate GOPs in other elements based on
GreenKeys, the Watershed Management Plan and updated modeling etc. (example: addressing
new stormwater data from the Watershed Management Plan into the Drainage Element). This
would include keeping the bulk of the climate-related provisions within the Energy and Climate
Element.
1 See§163.3178(2)(f), Fla.Stat.
2 A list of directly relevant GOPS can be found in Appendix A.The operative Monroe County Comprehensive Plan can
be viewed online at https://www.monroecounty-fl.gov/DocumentCenter/View/4606/2030-MC-Comp-Plan-
revision-3?bidld=.
2
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The benefit is that new Peril of Flood requirements are narrowly crafted to comply with
Section 163.3178, F.S. and thus less susceptible to complaints of "statutory creep"for
Coastal Elements. Another benefit is that the approach largely keeps Energy and Climate
issues organized in one Element within the Comprehensive Plan. Requirements for
optional elements in Chapter 163, F.S. (such as the Energy and Climate) also have less
statutory specificity to avoid comments of"statutory creep".3
Option #2 Reorganization approach: Reorganize (1) Energy and Climate and (2) Conservation
and Coastal Management and Elements to bifurcate issues into a "mitigation" and "adaptation"
approach. The bulk of other GreenKeys and related analytical efforts would be integrated into
Conservation and Coastal Management Element (and Drainage, Capital Improvements, etc.)
since they are largely adaptation-related. New sea level rise or climate adaptation goals could
be developed within Conservation and Coastal Management and/or other related Elements (such
as Drainage). Broader Energy and Climate "mitigation" issues (energy, heat, health, outreach,
vector borne-disease issues and social vulnerability) would be expanded or remain in that
Element based on existing data.
Essentially, this may integrate climate adaptation related issues into more Elements of the
Comprehensive Plan rather than keeping those issues predominantly in the Energy and
Climate Element, which is not really a benefit or a challenge. For those that are supportive
of the County addressing climate change more holistically, this approach may appeal to
them. Overall, it may lead to more confusion from an implementation perspective
because the issues are scattered throughout the Comprehensive Plan.
Option #3 Reorganization approach: Delete Energy and Climate Element and incorporate into
other related elements including but not limited to the Conservation and Coastal Management
Element, Drainage, Capital Improvements, etc.
The benefit is that it reduces the number of Elements in the overall Comprehensive Plan.
The challenge is that an interpretation will be "lessening" the importance of Energy and
Climate issues, something that will not be received well politically. Another challenge is
that while Chapter 163, F.S. requirements for Comprehensive Plans are considered'floors"
and not "ceilings", some could comment that adding these issues into multiple elements
deviates from the intent of those requirements.
Conclusion: It is our recommendation that the County pursue Option #1.
3 This approach was recently accepted by DEO for the City of Delray Beach.
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APPENDIX A: List of Monroe County's Comprehensive Plan GOPs relevant to
Peril of Flood legislation
In the order the Element appears in the Comprehensive Plan,the following are the GOPs related
to climate change, resilience planning, and flooding including, but not limited to,those necessary
to meet Peril of Flood legislation. If a Goal or Objective is mentioned below, it concludes the
supporting Objectives and Policies are also supportive and are included by reference except for
the Energy and Climate Element where all the relevant GOPs are referenced here as it will drive
the Peril of Flood Comprehensive Plan amendments.
Future Land Use Element [11
• Objective 102.4, Monroe County shall maintain a Land Acquisition Master Plan containing
strategies for securing funding and containing non-purchase options and strategies. Sub-
note within Objective "It should be noted that the science examining the impacts of
climate change and sea level rise is still evolving and the County may want to consider
postponing the acquisition priorities on this issue until a future date."
• Policy 105.1.1. Within three (3)years after the adoption of the 2030 Comprehensive Plan,
the County will,with input from the business community and other stakeholders, develop
an Economic Sustainability Element, which focuses upon and promotes redevelopment,
considers the increasing cost of climate adaptation and the protection of property.
• Policy 101.5.32, Within in 1 year of the effective date of this policy, Monroe County shall
adopt Land Development Regulations which provide a Flood Protection Height Exception
to Policy 101.5.30 to promote public health, safety and general welfare; allow adaptation
to coastal flooding, storm surge and other hazards; protect property from flooding and
minimize damages; minimize public and private losses due to flooding; minimize future
expenditures of public funds for flood control projects and for recovery from flood events;
and mitigate rising flood insurance premiums. A Flood Protection Height Exception of up
to a maximum of five (5) feet above the 35-foot height limit shall be provided to allow
lawfully existing buildings to be voluntarily elevated up to three (3)feet above FEMA base
flood elevation; and a flood protection height exception of a maximum of three (3) feet
above the 35-foot height limit shall be provided to allow new (new construction or
substantially improved) buildings to voluntarily elevate up to three (3) feet above FEMA
base flood elevation.These exceptions are in order to promote flood protection, minimize
flood damage, reduce flood insurance premiums and minimize future expenditures of
public funds for recovery from flood events. In no case shall a Flood Protection Height
Exception result in a new building exceeding a maximum height of 38 feet or a lawfully
existing building exceeding a maximum height of 40 feet. (Ordinance 016-2017)
• Policy 101.5.33, Within in 1 year of the effective date of this policy, Monroe County shall
adopt Land Development Regulations which provide a Flood Protection Height Exception
for lawfully established existing buildings which exceed the 35-foot height limit, to
promote public health, safety and general welfare; allow adaptation to coastal flooding,
storm surge and other hazards; protect property from flooding and minimize damages;
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minimize public and private losses due to flooding; minimize future expenditures of public
funds for flood control projects and for recovery from flood events; and mitigate rising
flood insurance premiums. A lawfully established existing building may be repaired,
improved, redeveloped and/or elevated to meet required FEMA base flood elevation
(BFE) provided the building does not exceed a total maximum building height of 40 feet,
and the building is limited to the existing lawfully established intensity,floor area, building
envelope (floor to floor height), density and type of use. For lawfully established existing
buildings that are proposed to exceed a total height of 40 feet, a public hearing before
the Planning Commission and the Board of County Commissioners shall be required to
review and specify the maximum approved height prior to issuance of any county permit
or development approval. The Planning Commission shall provide a recommendation to
the BOCC on the maximum height of a building. The BOCC shall adopt a resolution
specifying the maximum approved height. (Ordinance 016-2017)
Conservation and Coastal Management Element f21
• Policy 203.3.3, County to continue to support state and federal agencies in development
and implementation of management measures to protect coral reefs and hardbottom
communities in the waters off the Keys. Protect species vulnerable to climate change from
non-climate pressures, involve stakeholders including those industries in climate science,
and support/showcase "climate smart" organizations and businesses.
• Policy 212.2.1, Within one (1) year after the adoption of the 2030 Comprehensive Plan,
Monroe County shall evaluate the minimum shoreline setbacks currently in use in Monroe
County in coordination with DEO, FDEP and FWC. Setbacks shall be identified which will
accomplish the following: 1. protect natural shoreline vegetation; 2. protect marine turtle
nesting beaches; 3. protect water quality 4. protect structures from the effects of long-
term sea level rise; 5. protect beaches and shorelines from erosion; and 6. allow
redevelopment of existing waterfront commercial structures consistent with the existing
community character and preserve overwater views.
• Objective 216.1, Monroe County shall maintain a program of hazard mitigation in the
Coastal High Hazard Area (CHHA) which reduces floodplain alteration and damage or loss
due to natural disasters. [§163.3178(2)(h), F.S.]
Traffic Circulation Element [31
• Policy 301.4.1. Plan for an intermodal transportation system that incorporates alternative
modes of transportation inclusive of incorporating climate change implications into the
Transportation Strategy Master Plan (Long Range Plan) by May 2021.
• Policy 301.5.2, In order to coordinate the traffic circulation system with future land uses
as a policy: incorporate climate change implications into the Long Range Transportation
Plan.
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Mass Transit Element [41
There are no directly relevant GOPs in this Element.
Ports, Aviation and Related Facilities Element [5]
• Policy 502.3.2, Monroe County shall improve and maintain stormwater facilities on
Fourth, Fifth, and Peninsular Avenues on Stock Island in order to prevent flooding.
Housing [61
There are no directly relevant GOPs in this Element.
Potable Water [71
There are no directly relevant GOPs in this Element.
Solid Waste [81
There are no directly relevant GOPs in this Element.
Sanitary Sewer [91
There are no directly relevant GOPs in this Element.
Drainage Element [101
• Policy 1001.1.1, ... All projects shall be designed so that the discharges will meet Florida
State Water Quality/Quantity Standards as set forth in Chapters 62-3 and 62-302.530,
F.A.C, incorporated herein by reference. All projects should be designed in accordance
with the Florida Department of Transportation and South Florida Water Management
District standards and taking into account projections for climate change.
[§163.3177(6)(c), F.S.]...
• Policy 1001.1.6 Within three years of the adoption of the 2030 Comprehensive Plan,
Monroe County shall evaluate the need to complete an inventory and analysis of existing
public drainage facilities within the County and associated flooding issues.
[§163.3177(6)(c)l] 2. F.S.]
Natural Groundwater Aquifer Recharge [111
• Objective 1101.1. Monroe County shall work cooperatively with Miami-Dade County to
encourage land use planning and development controls which shall protect the recharge
area of the Florida City Wellfield from potential sources of groundwater contamination,
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saltwater intrusion and over-extraction. (See Potable Water Objective 701.4 and related
policies.)
Recreation and Open Space [121
• Policy 1201.7.1, Within five (5) years after the adoption of the 2030 Comprehensive Plan,
Monroe County shall prepare a Parks and Recreation Master Maintenance and
Management Plan (MMP).The MMP shall evaluate and incorporate,among other factors,
the following: 1. Proper management techniques consistent with the updated Future
Land Use, Recreation and Open Space and Conservation and Coastal Management
Elements;...
Intergovernmental Coordination [131
There are no directly relevant GOPs in this Element.
Capital Improvements [141
• Policy 1401.1.2, Monroe County shall annually update the Comprehensive Plan Five-Year
Schedule of Capital Improvements. Proposed revisions to the Schedule, including those
addressing the replacement and renewal of capital facilities, shall be evaluated and
updated in accordance with the following considerations (not listed in order of priority):
1. consistency with the relevant elements of the Comprehensive Plan; 2. the elimination
of public hazards; 3. consider sea level rise projections as they relate to transportation
and bridging projects in particular; 4. the County's need for financial expenditures for
infrastructure improvements within or proximate to vulnerable areas; 5. the elimination
of existing deficiencies; 6. financial feasibility including the impact on the annual
operating and capital budgets; 7. the location in relation to the Future Land Use Map; 8.
accommodation of the demands from redevelopment and new development; 9. the
consistency of the improvement relative to the plans of state agencies and the South
Florida Water Management District; and 10. the availability of other revenue sources
including, but not limited to, FDOT Project funding and FDOT Traffic Operations funds
from District Dedicated Revenue (DDR) sources. Revisions to the schedule shall be
incorporated into the Capital Improvements Program on an annual basis.
[§163.3177(3)(a)5.(b), F.S.]
• Objective 1402.2, ... 2. County public expenditures within the CHHA may be permitted for
improvements and expansions to existing public facilities, which improvements or
expansions are designed to minimize risk of damage from flooding.
Energy and Climate Element [151
The Energy and Climate Element lays the foundation for coordination among multiple
stakeholders, use of best available science in decision-making, addressing energy and climate
issues in the build environment, and policies that protect natural systems and habitats through
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land acquisition strategies that incorporate climate adaptation and mitigation strategies. This
Element contains the majority of the language required to directly address planning and Peril of
Flood in addition to two of the Goals (1502 and 1504) (with minor changes the other two goals,
1501 and 1503, could be made to directly address the legislation as well).
• Goal 1501 - Monroe County shall coordinate with the municipalities of Key West, Key
Colony Beach, Islamorada, Layton and Marathon; regional, State, and federal government
agencies, nongovernmental organizations and private organizations to exchange data and
develop coordinated strategies to address energy conservation and impacts from climate
change.
o Policy 1501.1.5, Monroe County will support local and regional modeling and
monitoring programs, as resources permit, to assure the most current locally
specific data is considered in the 2030 Comprehensive Plan and Land
Development Code updates. This may include but is not be limited to programs
designed to monitor surface water quality (including temperature), sea level rise,
hydrologic and geologic conditions, groundwater quality and levels, precipitation
and groundwater withdrawals from resources that the County depends upon
(including those outside County lines). The County shall make such data available
to the public.
• Goal 1502 - Monroe County shall incorporate the best available data and science, into its
policy and planning decisions for infrastructure, recognizing the uncertainty associated
with long range climate change predictions.
o Objective 1502.1, In conjunction with future updates to the 2030 Comprehensive
Plan and land development regulations, the County shall update the data and
assumptions related to climate change impacts to infrastructure based on the
latest scientific predictions and observed (monitored) impacts. Monroe County
shall also consider climate change impacts such as increased temperatures, sea
level rise, potentially shifting habitat and ecosystem types and the need to
withstand increased storm surge in evaluating public infrastructure decisions.
■ Policy 1502.1.1, Prior to incorporating a new project to the Capital
Improvements Element, Monroe County shall assure that it is reviewed for
recommendations to increase resiliency and account for the impacts from
climate change, including but not limited to, sea level rise and storm surge.
Monroe County shall evaluate financial expenditures to fund repairs,
reconditioning of deteriorating infrastructure and new infrastructure
improvements within or proximate to vulnerable areas to manage public
investments appropriately. Monroe County shall focus on level of service
standards, as one of the points of analysis, to assure that infrastructure
useful life and service expectations can be met in the face of climate
change impacts.
■ Policy 1502.1.4, Adaptation Action Areas — within five (5) years of the
adoption of the April 2016 Comprehensive Plan staff would identify criteria
to define adaptation actions areas (AAA) or a similar concept and propose
locations for AAAs.
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■ Policy 1502.1.5, Within five (5) years after the adoption of the 2030
Comprehensive Plan, Monroe County shall initiate an inventory of existing
and planned infrastructure up to the 2030 horizon, based upon the
vulnerability mapping identified in Policy 1502.1.4, for capacity to
accommodate projected sea-level rise over the life expectancy of that
infrastructure. Monroe County shall identify the infrastructure within
those areas, its useful life and any retrofits or capital projects necessary to
address the impacts of sea level rise.These strategies may include defense,
accommodation, or and retreat projects, or not building planned
infrastructure in vulnerable locations, to address the impacts of sea level
rise. Monroe County will consider developing design criteria, in
conjunction with a broader asset management planning process.
■ Policy 1502.1.6, Within five (5) years after the adoption of the 2030
Comprehensive Plan, Monroe County shall consider incorporating a
planning, design and permitting standard for infrastructure and public
facilities that may include a sea level rise assumption of 3"-7" by 2030 as
developed by the Southeast Regional Climate Compact. The County shall
review and update sea level rise projections when new and pertinent data
is available. (The 3"-7" by 2030 is based on a 2010 baseline-- if adjusted to
a 1992 baseline it would result in 6" to 10" by 2030 above the 1992 mean
sea level).
■ Policy 1502.1.7, Monroe County shall ensure that new, renovated and
replacement public facilities and infrastructure, such as streets and
bridges, water and wastewater treatment plants, police stations and fire
stations, and any other public facilities that the County has authority over,
are designed in a manner which considers the useful life of public facilities
and infrastructure. The County shall also consider the potential impacts
from climate change, including rising sea levels and shoreline stabilization
needs, on its infrastructure and public facilities.
■ Policy 1502.1.9, Monroe County shall coordinate with appropriate
agencies to monitor changes to minimum road elevation standards which
may be specific to Monroe County due to its unique exposure to climate
change and sea level rise impacts. This could also include enhanced
stormwater management requirements and resurfacing requirements for
certain transportation segments.
■ Policy 1502.1.10, Within five (5) years after the adoption of the 2030
Comprehensive Plan, Monroe County shall review land development
regulations that address stormwater management considerations for sea
level rise impacts. To the extent practicable, Monroe County shall
incorporate green infrastructure or passive alternatives that maximize
land preservation over impervious or "active" infrastructure. Such
alternatives could include the reconditioning and reuse of septic tanks,
increased use of rainwater harvesting techniques, such as cisterns and
other water storage techniques. Monroe County shall determine if land
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development regulation amendments are needed to address increased
retention requirements and other topographic or infiltration
considerations which may influence stormwater management
requirements. Monroe County shall also consider the ability to meet water
quality requirements related to stormwater management regulations and
if there are any impacts from climate change that may jeopardize the
County's ability to meet those requirements.
• Goal 1503 - Monroe County shall address energy and climate issues in the built
environment by: encouraging green development practices; reducing waste; enhancing
transportation choices; and educating the community about the need to reduce energy
use and prepare for climate change impacts.
o Objective 1503.1, To address the impacts of GHGEs and climate change, Monroe
County shall promote energy efficiency across all sectors of energy use, public and
private sector, in the built environment.
■ Policy 1503.1.2, Within seven (7) years after the adoption of the
Comprehensive Plan, Monroe County may include climate change impacts
as a factor in determining appropriate levels of development.
■ Policy 1503.1.4, Monroe County shall review the most updated FEMA
maps within one (1) year of their release and evaluate floor elevation
requirements, as necessary, for all new construction in vulnerable areas.
■ Policy 1503.1.7, Within five (5) years after the adoption of the 2030
Comprehensive Plan, Monroe County shall determine the appropriate
climate change considerations (including but not limited to, emergency
management, flood risk, storm surge, threats to potable water supply, the
potential for changing habitat and landscapes, the need for shoreline
stabilization and the potential impacts to infrastructure necessary to serve
proposed uses) to evaluate when reviewing land use amendments.
■ Policy 1503.1.8, Within five (5) years after the adoption of the 2030
Comprehensive Plan, Monroe County shall develop a shoreline
stabilization strategy to protect and enhance the built and natural
environments from erosion and sea level rise impacts prioritizing natural
green infrastructure approaches. Monroe County shall assure shoreline
stabilization strategies are found to be in the public interest in light of that
area's vulnerability to climate change impacts. Monroe County shall also
consider public access to beaches, minimizing adverse impacts to coastal
processes and resources, impacts to neighboring properties, and the
values and functions of beaches and coastal/marine systems, relative to
shoreline stabilization strategies.
o Objective 1503.4, Incoordination with the next update to the County's emergency
management policies, Monroe County shall coordinate with municipalities, the
Florida Division of Emergency Management, and other applicable agencies to
further review and incorporate sea-level rise considerations and climate change.
■ Policy 1503.4.1, Within five (5) years after the adoption of the 2030
Comprehensive Plan, Monroe County shall review its post-disaster
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redevelopment plan and land development regulations to include, as
appropriate, consideration of climate change impacts, repetitive loss
structures and shoreline stabilization needs.
■ Policy 1503.4.2, In coordination with the next update to emergency
management policies, Monroe County shall determine any impacts to
hurricane evacuation timeframes exacerbated by a 3"-7" increase in sea-
level rise by 2030 on transportation facilities.
• Goal 1504 - Monroe County shall further protect natural systems and habitats by
incorporating climate adaptation and mitigation strategies in its land acquisition policies.
This goal will include consideration of the need to address natural resource protection
and restoration requirements, the likelihood of natural resource impacts such as shifting
habitats from a rising sea, potential threats and loss of marine ecosystems and habitat,
ecosystem-based approaches to exotic species and vegetation management and the need
to protect, manage and restore native habitat.
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Task 2.2: Draft 1 Peril of Flood Amendments (with internal review)
GOAL 218
The County shall consider the peril of flooding impact to eliminate inappropriate and unsafe development
in redevelopment plans�[ed1]�[s21. [F.S. § 163.3178(2)(f)1
Objective 218.1
Monroe County shall include in its planning efforts development and redevelopment principles,
strategies., and engineering solutions that reduce flood risk in coastal areas ed3
MIJIM, s4 [eds]which results from high-tide events,storm surge,flash floods,stormwater runoff,
and the related impacts of sea-level rise. [F.S. § 163.3178(2)(f)1.
Policy 218.1.1
The County shall develop by 2022,a short, medium and long-term Roads and Stormwater Capital
Plan informed by future growth, design levels of service for flooding, future sea level rise
projections and other legal and policy analyses.
Policy 218.1.2
�������the Roads and Stormwater Capital Plan the County shall review
and update its land development regulations and infrastructure design criteria, to include
development and redevelopment principles and strategies that reduce current and future flood
risk. Principles shall be based upon considering the ecological, engineering, disaster risk
reduction and social elements of resiliency. Strategies may include best practices that prioritize
elevation and floodproofing, protection of building mechanical systems, onsite retention and
pervious surfaces, shoreline protection and accommodation, site-specific flood management
techniques, green infrastructure, maintaining access to services and managed retreat.
�Policy218.1.3�[ed6]
Based upon a Shoreline Stabilization Strategy
r
The
County shall also identify locations for new or enhanced natural or living shorelines including
strategies for funding, restoring, permitting, and constructing such projects on both public and
private properties. [Complete by 20251.
[ed7]
Policy 218.1.4
The County shall integrate land development, land acquisition and infrastructure strategies into
the Local Mitigation Strategy, Monroe County Recovery Plan (2010) and the Monroe
Countywide Post-Disaster Recovery am to respond to current and future flood risk.
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Objective 218.2
Encourage the use of best practices development and redevelopment principles, strategies, and
engineering solutions 111161filliMthat will result in the reduction of losses due to floodin and
claims�[ed8l�[S9]�[edlO]made under flood insurance policies and the removal of coastal real property
from flood zone�designations�[edll]�[edl2] established by the Federal Emergency Management Agency.
jPplicy218.2.1�[edB]�[edA]
The County shall prioritize land acquisitions for existing structures and vacant lands considering
storm damage, repetitive loss,flood risk vulnerability and future sea level rise. Opportunities to
demolish existing structures that are acquired, returning the land to its natural state,
lafilimmiffiffiffiffilmor other ur oses�[ed15], shall be evaluated to provide passive
resiliency benefits in vulnerable areas.iS161
�[edl7l�[IeM]Pplicy 218.2.2<was Po I i cy 216.1.7>
Monroe County shall consider floodplain management and CHHA issues in making public
acquisition decisions. [F.S. § 163.3178(2)(d)]
�Pplicy218.2.2�[edl9]
The County shall align housing policies focusing on affordability code
compliant affiffillm, elevation flood proofing, relocation and other
to reduce losses from flooding and claims made under flood insurance policies based upon the
work of the Housing Recovery Task Force and Housing Recovery Strategy.
Policy 218.2.3
The County shall pursue funding resources and provide assistance to property owners for
weatherization mitigation,flood-proofing and other flood-resistant improvement prooects.fiiii
POlic 218.2.4�[ed2o]
The County shall continue to provide public information related to the updates, development
and adoption of FEMA's FIRM Flood Maps as well as imm to increase resiliencV to storm
events and flooding in vulnerable areas.
Policy 218.2.5
Within three (3) years of final adoption of FEMA s Flood Insurance Rate Maps (FIRMsk
review land development and flood lain management regulations to reflect
updated flood risk data.
,Policy 218.2.6<was Policy 216.1.E>�[ed21]
Monroe County shall continue to enforce federal state and local setback and
elevation requirements to promote the protection and safety of life and property. Revisions to
the existing setback requirements contained in the land development regulations shall be
considered as a means of reducing property damage caused by storms�[ed22]�[s23]. [F.S. §
163.3178(2)(d)]
Policy 218.2.7<was Policy 216.1.8>
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Monroe County shall require that,to the greatest extent practicable,development activity,such
as land clearing, grading and filling will not disturb natural drainage patterns.
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Objective 218.3
Be consistent with, or more stringent than, the flood-resistant construction requirements in the
Florida Building Code and applicable floodplain management regulations set forth in 44 C.F.R. part
60.
Policy 218.3.1
The County shall maintain, review and update, at least every five (5) years, its Floodplain
Management Regulations (Chapter 122�[S2411[ed25], Part II, Land Development), designed to:
(1) Minimize unnecessary disruption of commerce, access and public service during times of
flooding;
(2) Require the use of appropriate construction practices in order to prevent or minimize
future flood damage;
(3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage
of equipment or materials, and other development which may increase flood damage or
erosion potential;
(4) Manage the alteration of flood hazard areas and shorelines to minimize the impact of
development on the natural and beneficial functions of the floodplain;
(5) Minimize damage to public and private facilities and utilities;
(6) Help maintain a stable tax base by providing for the sound use and development of flood
hazard areas;
(7) Minimize the need for future expenditure of public funds for flood control projects and
response to and recovery from flood events;
(8) Ensure potential home buyers are notified that property is in a flood hazard area; and
(9) Meet the requirements of the National Flood Insurance Program for community
participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.
Policy 218.3.2<was Policy 216.1.4>
Monroe County shall continue its policy of reviewing the current Building Code and, as
appropriate, adopting structural standards and site alteration restrictions that meet or exceed
the minimum FEMA requirements. The Building Code shall be reviewed and revised at least
every five years.LThe recommendations of the applicable interagency hazard mitigation report
shall be considered in revisions to the Code. [s26][F.S. § 163.3178(2)(.df)4.1
Policy 218.3.3
The County shall maintain and review regulations in special flood hazard areas to require
construction by methods and practices that minimize flood damage, including but not limited
to, anchoring by pilings or columns to prevent flotation, collapse and lateral movement of the
structure; preventing the expansion, improvement or repair of construction below elevated
post-FIRM buildings; prohibiting manmade alteration of sand dunes, dune ridge, mangrove
stands or wetlands which would increase the potential of flood damage and elevation or
freeboard standards for structures, electrical and mechanical equipment.
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Objective 218.4
Any coastal construction in Monroe County shall be consistent with Chapter 161, F.S jed271
Policy 218.4.1�[edMj
The County shall require any coastal construction activities to be consistent with the relevant
sections of Chapter 161, F.S. including Section 161.55, F.S. establishing that all land area within
the Florida Keys located within Monroe County be included within the coastal building zone and
subject to the requirements for activities or construction with the coastal building zone.
Objective 218.5
Encourage local governments to participate in the National Flood Insurance Program Community
Rating System administered by the Federal Emergency Management Agency to achieve flood
insurance premium discounts for their residents.
Policy 218.5.1<was Policy 216.1.5>
Monroe County shall continue to participate in the National Flood Insurance Program (NFIP)
Community Rating System (CRS) to the maximum extent possible and shall continue to seek to
improve its current CRS Class rating. [F.S. § 163.3178(24d4(f)1.
Policy 218.5.2
Monroe County shall continue to develop data and dedicate the funding necessary to maintain
or enhance its current CRS Class rating through County resources, grants and/or partnerships.
Policy 218.5.3
Monroe County shall continue to coordinate intergovernmental efforts related to participation
in CRS, public outreach, sea level rise planning and disaster preparedness and recovery, to
maximize County and flood insurance policy holder benefits.
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Task 2.3: Draft 2 Peril of Flood Amendments'
GOAL 218
The County shall consider the peril of flooding impact to eliminate inappropriate and unsafe development
in redevelopment plans. [F.S. § 163.3178(2)(f)1
Objective 218.1
Monroe County shall include in its planning efforts development and redevelopment principles,
strategies, and engineering solutions that reduce flood risk in coastal areas across the community,
which results from high-tide events, storm surge, flash floods, stormwater runoff, and the related
impacts of sea-level rise. [F.S. § 163.3178(2)(f)1.
Policy 218.1.1
The County shall develop by 2022,a short, medium and long-term Roads and Stormwater Capital
Plan informed by future growth, design levels of service for flooding, future sea level rise
projections and other legal and policy analyses.
Policy 218.1.2
Within two years of completing the Roads and Stormwater Capital Plan,the County shall review
and update its land development regulations and infrastructure design criteria, to include
development and redevelopment principles and strategies that reduce current and future flood
risk. Principles shall be based upon considering the ecological, engineering, disaster risk
reduction and social elements of resiliency. Strategies may include best practices that prioritize
elevation and floodproofing, protection of building mechanical systems, onsite retention and
pervious surfaces, shoreline protection and accommodation, site-specific flood management
techniques, green infrastructure, maintaining access to services and managed retreat.
Policy 218.1.3
Based upon a Shoreline Stabilization Strategy to be completed pursuant to Policy 1503.1.8, the
County shall identify locations to protect and enhance the built and natural environments from
erosion and sea level rise impacts prioritizing natural green infrastructure approaches. The
County shall also identify locations for new or enhanced natural or living shorelines including
strategies for funding, restoring, permitting, and constructing such projects on both public and
private properties. [Complete by 20251.
Spalar-4A 21 4 1
. .4
ontify Ieeatienc fir now �r enhanced natWaI Or liVi NMI 9s cH�rolirac i �l A Nding c+ra+orsioc fir
�hrlihrs roc+�rir%rs r\ormi��irrs -�r,rl �r`rc�r����ihrs c-wh hrpior-tc er, h��h r, hlie and rr4i-4to
prepei [('nmploto by 7r17&1
Policy 218.1.4
The County shall integrate land development, land acquisition and infrastructure strategies into
the Local Mitigation Strategy, Monroe County Recovery Plan (2010) and the Monroe
Countywide Post-Disaster Recovery Strategy to respond to current and future flood risk.
4 Note: This draft includes internal review as incorporated and updated Draft 1. This Draft 2 was provided during
the Round 1 Public Meetings.
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Objective 218.2
Encourage the use of best practices development and redevelopment principles, strategies, and
engineering solutions at the site level that will result in the reduction of losses due to flooding and
claims made under flood insurance policies and the removal of coastal real property from flood zone
designations established by the Federal Emergency Management Agency.
Policy 218.2.1
The County shall prioritize land acquisitions for existing structures and vacant lands considering
storm damage, repetitive loss,flood risk vulnerability and future sea level rise. Opportunities to
demolish existing structures that are acquired, returning the land to its natural state, for the
creation of living shorelines, or other purposes, shall be evaluated to provide passive resiliency
benefits in vulnerable areas.
Policy 218.2.2<was Policy 216.1.7>
Monroe County shall consider floodplain management and CHHA issues in making public
acquisition decisions. [F.S. § 163.3178(2)(d)1
Policy 218.2.2
The County shall align housing policies focusing on affordability and workforce housing, code
compliant reconstruction, elevation, floodproofing, relocation and other mitigation strategies
to reduce losses from flooding and claims made under flood insurance policies based upon the
work of the Housing Recovery Task Force and Housing Recovery Strategy.
Policy 218.2.3
The County shall pursue funding resources and provide assistance to property owners for
weatherization, mitigation,flood-proofing and other flood-resistant improvement projects.The
County shall also seek funding to supply relocation assistance for property owners to move to
less vulnerable areas.
Policy 218.2.4
The County shall continue to provide public information related to the updates, development
and adoption of FEMA's FIRM Flood Maps as well as strategies to increase resiliency to storm
events and flooding in vulnerable areas.
Policy 218.2.5
Within three (3) years of final adoption of FEMA's Flood Insurance Rate Maps (FIRMs), the
County shall review land development and floodplain management regulations to reflect
updated flood risk data.
Policy 218.2.6<was Policy 216.1.6>
Monroe County shall continue to enforce federal, state and local construction, setback and
elevation requirements to promote the protection and safety of life and property. Revisions to
the existing setback requirements contained in the land development regulations shall be
considered as a means of reducing property damage caused by storms. [F.S. § 163.3178(2)(d)1
Policy 218.2.7<was Policy 216.1.8>
Monroe County shall require that,to the greatest extent practicable,development activity,such
as land clearing, grading and filling will not disturb natural drainage patterns.
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Objective 218.3
Be consistent with, or more stringent than, the flood-resistant construction requirements in the
Florida Building Code and applicable floodplain management regulations set forth in 44 C.F.R. part
60.
Policy 218.3.1
The County shall maintain, review and update, at least every five (5) years, its Floodplain
Management Regulations (Chapter 122, Part II, Land Development), designed to:
(1) Minimize unnecessary disruption of commerce, access and public service during times of
flooding;
(2) Require the use of appropriate construction practices in order to prevent or minimize
future flood damage;
(3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage
of equipment or materials, and other development which may increase flood damage or
erosion potential;
(4) Manage the alteration of flood hazard areas and shorelines to minimize the impact of
development on the natural and beneficial functions of the floodplain;
(5) Minimize damage to public and private facilities and utilities;
(6) Help maintain a stable tax base by providing for the sound use and development of flood
hazard areas;
(7) Minimize the need for future expenditure of public funds for flood control projects and
response to and recovery from flood events;
(8) Ensure potential home buyers are notified that property is in a flood hazard area; and
(9) Meet the requirements of the National Flood Insurance Program for community
participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.
Policy 218.3.2<was Policy 216.1.4>
Monroe County shall continue its policy of reviewing the current Building Code and, as
appropriate, adopting structural standards and site alteration restrictions that meet or exceed
the minimum FEMA requirements. The Building Code shall be reviewed and revised at least
every five years. The recommendations of the applicable interagency hazard mitigation report
shall be considered in revisions to the Code. [F.S. § 163.3178(2)(4f)4.1
Policy 218.3.3
The County shall maintain and review regulations in special flood hazard areas to require
construction by methods and practices that minimize flood damage, including but not limited
to, anchoring by pilings or columns to prevent flotation, collapse and lateral movement of the
structure; preventing the expansion, improvement or repair of construction below elevated
post-FIRM buildings; prohibiting manmade alteration of sand dunes, dune ridge, mangrove
stands or wetlands which would increase the potential of flood damage and elevation or
freeboard standards for structures, electrical and mechanical equipment.
19
perrvnmm�imy�iiaivio i
�RIN L. ����.,NUJ
'� U�n,i�,r,rrrrrn a,simi r
Objective 218.4
Any coastal construction in Monroe County shall be consistent with Chapter 161, F.S.
Policy 218.4.1
The County shall require any coastal construction activities to be consistent with the relevant
sections of Chapter 161, F.S. including Section 161.55, F.S. establishing that all land area within
the Florida Keys located within Monroe County be included within the coastal building zone and
subject to the requirements for activities or construction with the coastal building zone.
Objective 218.5
Encourage local governments to participate in the National Flood Insurance Program Community
Rating System administered by the Federal Emergency Management Agency to achieve flood
insurance premium discounts for their residents.
Policy 218.5.1<was Policy 216.1.5>
Monroe County shall continue to participate in the National Flood Insurance Program (NFIP)
Community Rating System (CRS) to the maximum extent possible and shall continue to seek to
improve its current CRS Class rating. [F.S. § 163.3178(24d4(f)1.
Policy 218.5.2
Monroe County shall continue to develop data and dedicate the funding necessary to maintain
or enhance its current CRS Class rating through County resources, grants and/or partnerships.
Policy 218.5.3
Monroe County shall continue to coordinate intergovernmental efforts related to participation
in CRS, public outreach, sea level rise planning and disaster preparedness and recovery, to
maximize County and flood insurance policy holder benefits.
20
perrvnmm�imy�iiaivio
�RIN L. ����.,NUJ
'� U�n,i�,r,rrrrrn a,simi r
mipfor f s'Imul�"
mu� Resiliency
i
Task 2.4: Energy and Climate Element Amendments
3.15 ENERGY.. A DRESILIENCY AND CLIMATE
GOAL 1501—Data Collection and Coordination
Monroe County shall coordinate with the municipalities of Key West, Key Colony Beach, Islamorada,
Layton and Marathon; regional, State, and federal government agencies, nongovernmental organizations
and private organizations to exchange data and develop coordinated strategies to address energy
conservation and impacts from climate change.
Objective 1501.1
Monroe County shall coordinate and collaborate with municipalities and other public and private
entities to address energy conservation strategies and unique climate change impacts, including
adaptation and mitigation strategies.
Policy 1501.1.1
Monroe County shall maintain existing mechanisms for exchange of ideas and data, and
participate in new forums, to facilitate comprehensive and coordinated strategies promoting
energy conservation and addressing climate change impacts. Monroe County will continue to
seek support and funding sources to update its vulnerability planning efforts, incorporate new
data generated by, or available,to the County, and to exchange data, as necessary.
Policy 1501.1.2
Monroe County will participate in cooperative efforts such as the Southeast Florida Regional
Climate Change Compact in order to maximize effOFt opportunities to facilitate the exchange of
ideas and data and coordinate policies promoting energy conservation and climate change
resilience.
Policy 1501.1.3
Monroe County will continue to coordinate with, and seek the support of, other counties and
State agencies such as the South Florida Water Management District, South Florida Regional
Planning Council, Florida Department of Environmental Protection and other State partners, to
ensure that the latest data and approaches to energy conservation and climate change resilience
are available to the County.
Policy 1501.1.4
Monroe County shall seek the support of agencies, such as the National Oceanic and
Atmospheric Administration (NOAA), U.S. Geological Survey (USGS), Federal Emergency
Management Agency(FEMA),the U.S. Department of Interior,the U.S.Army Corps of Engineers
(ACOE), as well as universities and not-for-profit organizations to coordinate support for
updating, exchanging and analyzing data regarding potential changes in climate change
vulnerability.
Policy 1501.1.5 <was Policy 1502.1.8>
Monroe County shall exchange data regarding locally-specific vulnerable areas and land use
strategies/policies with the Florida Department of Transportation, the U.S. Department of
Transportation and the Federal Highway Administration relative to ferry,airport,transit, bridges
and transportation systems.
21
Druft u f m m'on Purposes Resiliency
Policy 1501.1.6<was Policy 1501.1.5>
Monroe County will support local and regional modeling and monitoring programs, as resources
permit,to assure the most current locally specific data is considered in the 20 Comprehensive
Plan and Land Development Code updates. This may include but is not be limited to programs
designed to monitor surface water quality(including temperature),sea level rise, hydrologic and
geologic conditions,groundwater quality and levels, precipitation and groundwater withdrawals
from resources that the County depends upon (including those outside County lines). The
CA,-ntu chpll make such data available to thp i3ubloe.1 Data shall be considered by the County as
necessary in its climate mitigation and adaptation planning efforts, and the data shall be
available to the public.
Policy 1501.1.7
Monroe County shall collaborate with the Department of Health, the Florida Keys Mosquito
Control District and other agencies to exchange and disseminate information related to linkage
between climate and health impacts.
GOAL 1502—GHGEs and Climate Considerations in County Operations and Facilities
Monroe County shall incorporate the best available data and science, into its policy and planning decisions
for infrastructure, facilities and emergencies, recognizing the benefits of reducing greenhouse gas
emissions (GHGEs) and the uncertainty associated with long range climate and sea level rise
predictions.
Objective 1502.1 — GHGE Reductions, Energy Efficiency and Renewable Energy Use in County
Operations and Facilities<was Objective 1501.2>
Recognizing the critical role of Monroe County to promote awareness on energy and climate issues,
the County shall encourage collaborative intergovernmental practices that serve as a model for the
municipalities and other entities to reduce Prooh heuse g.c or,•,icci^n c rGHGEs}by EAU-lleast
+ho 2NS �o.,T h.,2-020 40%by 2030 as compared to a 2012 baseline for County operations . Monroe
County shall measure progress towards achieving reductions in GHGEs for its own facilities and
operations every five (5) years and establish new targets as appropriate.
Policy 1502.1.1 <was Policy 1501.2.1>
Monroe County shall promote the adoption of policies and strategies across all County
departments to reduce GHGEs and become more resilient to the impacts of climate change.
Monroe County shall employ such strategies as establishing video conferencing capabilities to
allow residents and employees to participate in meetings without having to drive long distances;
evaluating the feasibility for installation of renewable energy systems on County owned
facilities; and increasing the use of alternatively fueled vehicles.
Policy 1502.1.2<was Policy 1502.1.3>
Within five(5)years after the adoption of the 20-30 Comprehensive Plan, Monroe County shall
conduct a feasibility study for alternative energy on existing and new County facilities
and establish a target for
the proportion of electricity generated by alternative and renewable energy, including, but not
limited to solar, wind, biofuels and other sources. Monroe County shall incorporate these
22
Druft u f m m'on Purposes Resiliency
actions into its facilities and operations A ..,11 ac i+s flee+asits . Monroe County shall coordinate with
Florida Keys Electric Cooperative and Keys Energy.
Policy 1502.1.3
Within five (5) years after the adoption of the 20 Comprehensive Plan, Monroe County shall
create,or update its existing,fleet and fuel management planning and procurement process and
incorporate new elements such as anti-idling, green driving education, route optimization,
vehicle right-sizing and interdepartmental coordination.
Policy 1502.1.4<was Policy 1501.2.2>
Within one (1) year after the adoption of the 2030xx Comprehensive Plan, Monroe County
shall maintain a procurement policy that incorporates energy saving principles for its
own buildings,facilities and services. The policy may include provisions for reductions of GHGEs
from other sectors of emissions related to materials reuse, reduced packaging, materials with
recycled content and other waste management strategies.
Policy 1502.1.5 <was Policy 1501.2.3>
Monroe County shall share information and technical data regarding the most efficient
technologies to minimize GHGEs with other agencies and utilities operating within Monroe
County.
Policy 1502.1.6
Monroe County shall conduct energy and water conservation auditing on County facilities and
link upgrades to capital asset improvements.
Policy 1502.1.7
Monroe County shall establish criteria and specifications that require energy efficiency
components to meet or exceed the Florida Energy Efficiency Code for Building Construction in
all public construction, facility improvements, renovations or additions to the greatest extent
practicable.
Policy 1502.1.8<was Policy 1502.1.2>
In the capital improvements planning process infrastructure decisions shall consider the most
energy efficient technologies available. This analysis shall include the useful life of the
infrastructure and the cost savings related to reduced energy needs, operations and
maintenance saved from such efficiency goals.
Objective 1502.2—.Climate and Sea Level Rise in County Infrastructure<was Objective 1502.1>
In conjunction with future updates to the 20-39xx Comprehensive Plan and land development
regulations,the County shall update the data and assumptions related to climate change impacts t-9
on infrastructure based on the latest scientific predictions and observed (monitored) impacts.
Monroe County shall also consider climate change impacts such as increased temperatures,sea level
rise, potentially shifting habitat and ecosystem types and the need to withstand increased storm
surge in evaluating public infrastructure decisions.
23
Druft u f m m'on Purposes Resiliency
Policy 1502.2.1 <was Policy 1502.1.1>
Prior to incorporating a new project to the Capital Improvements Element, Monroe County shall
assure that it is reviewed for recommendations to increase resiliency and account for the
impacts from climate change, including but not limited to, sea level rise and storm surge.
Monroe County shall evaluate financial expenditures to fund repairs, reconditioning of
deteriorating infrastructure and new infrastructure improvements within or proximate to
vulnerable areas to manage public investments appropriately. Monroe County shall focus on
level of service standards and financial costs and benefits for adaptation among other
considerations, as one of +"^ pr^;r+s Of aRalyci.sy to assure that infrastructure useful life and
service expectations can be met,t h" laceface of when considering climate change impacts.
Policy 1502.2.2�W29]<was Policy 1502.1.4>
Within five(5)years after the adoption of the 2039 Comprehensive Plan, Monroe County shall
identify criteria to define adaptation action areas (AAA), or a similar concept to be defined by
the County, which may include infrastructure. Within five (5) years after the adoption of the
2030 Comprehensive Plan, Monroe County shall identify proposed adaptation action areas
(AAA), or a similar concept to be defined by the County. Pursuant to Chapter 163, F.S., AAA are
those areas that experience coastal flooding due to extreme high tides and storm surge, and
that are vulnerable to the related impacts of rising sea levels for the purpose of prioritizing
funding for infrastructure needs and adaptation planning. In the AAAs, strategies will be
developed to address vulnerabilities from these effects as well as the rate of impact and
available adaptation options. In conjunction with later updates to the 2030 Comprehensive Plan,
Monroe County shall update existing, or map new, potential impacts of sea-level rise for
consideration in long-term planning decisions.
Policy 1502.2.3 <was Policy 1502.1.5>
Within five(5)years after the adoption of the 2030 Comprehensive Plan, Monroe County shall
initiate an inventory of existing and planned infrastructure up to the 20W45 horizon, based
upon +ho ,,,,'m^r-,hole+„ �^-.��;� ;d^n+;f;od ;r °^';r" 1502.14 data sources including but not
limited to, the Countywide Roads and Stormwater Vulnerability Assessment, the Watershed
Management Plan, the GreenKeys Plan (2016) and Updates, updated elevation data and any
other appropriate vulnerability information, for capacity to accommodate projected sea-level
rise over the life expectancy of that infrastructure. Monroe County shall identify the
infrastructure within those areas, its useful life and any retrofits or capital projects necessary to
address the impacts of sea level rise.These strategies may include defense, accommodation, or
and refit relocation projects, or not building infrastructure in vulnerable locations,
to address the impacts of sea level rise. Monroe County will consider developing design criteria,
in conjunction with a broader asset management planning process.
24
Draft for Di'"scussion Purposes
Resiliency
Policy 1502.2.4<was Policy 1502.1.6>
Within five(5)years after the adoption of the
11,Y �� � �aw � w�nHaa�,r 2 030 Comprehensive Plan, Monroe County
� �r� ,E"J'AYa shall consider incorporating a planning,
q,dR,iu u
M" VI''rmo" Or
�m � y1 design and permitting standard for
� k 10u: 414
1"" infrastructure and public facilities that may
ROAA W�,hl
include a sea level rise projection for a
16
^►ccumr� r �020 as
..I.,vr,l�,F.��
o AA
50 Yor NJrsnv�i o'hit'mI n t erwyke""d,go tip,Oil'I bran e of conditions from 811
IPCC Median
IMF
43 to 12" (NOAA Intermediate High) by 2030
based upon the work of the Southeast
Ail
Regional Climate Compact., o r other
13 ,., appropriate sea level rise projections, as
, wo.wua^ruumm r
H approved by the BOCC on April 15, 2020.The
'11130, R) N141, 20YEI) NAD 5" "I"01!la MID 21090, 2,090, 21(pl 21,10, 2,,111) County shall review and update sea level rise
"Year
projections when new and pertinent data is
available. (The .3," 7" h.. 9n3n o s h-►sed en
2010 baseline of :4i�o
b%aASe1ine it we lld. S., ire 6�� to I n�� by 7930
�., 11l
ableye the 1992 ngean ce-�i
-107
Policy 1502.2.5 <was Policy 1502.1.7>
Monroe County shall ensure that new, renovated and replacement public facilities and
infrastructure, such as streets and bridges, water and wastewater treatment plants, police
stations and fire stations, and any other public facilities that the County has authority over, are
designed in a manner which considers the useful life of public facilities and infrastructure. The
County shall also consider the potential impacts from climate change, including rising sea levels
and shoreline stabilization needs, on its infrastructure and public facilities projects for the
duration of that useful life.
Policy 1502.2.6<was Policy 1502.1.9>
Monroe County shall coordinate with appropriate agencies to monitor changes to minimum
road elevation standards or other related regulations, which may be pertinent to
Monroe County due to its unique exposure to climate change and sea level rise impacts. This
could also include enh-,n updated stormwater management requirements and resurfacing
requirements for certain transportation segments.
Objective 1502.3—Emergency Management and Climate Linkages<was Objective 1503.4>
Incoordination with updates to the County's emergency management policies and the Local
Mitigation Strategy, Monroe County shall coordinate with municipalities, the Florida Division of
Emergency Management, and other applicable agencies to further review and incorporate sea-level
rise considerations and climate change.
Policy 1502.3.1 <was Policy 1503.4.1>
Within five(5)years after the adoption of the 2039 Comprehensive Plan, Monroe County shall
review its post-disaster redevelopment plan and land development regulations to include, as
25
Druft u f m m'on Purposes Resiliency
appropriate, consideration of climate change impacts, repetitive loss structures and shoreline
stabilization needs.
Policy 1502.3.2<was Policy 1503.4.2>
In coordination with the no.,+ updates to emergency management policies and the Local
Mitigation Strategy, Monroe County shall determine any impacts to hurricane evacuation
timeframes exacerbated by an " increase in sea-level rise 1.91y 2603.0 and anticipated impacts
on transportation facilities in based upon the sea level rise projections identified in Policy
1502.2.4.
Policy 1502.3.3
Increase the County's resilience to coastal storms for adaptation projects, considering future
sea level rise, through funding partnerships and inter-departmental collaboration, including
recovery, resiliency and other emergency management programming, including coordination
with State and Federal agencies.
GOAL 1503—Energy and Climate Issues in the Built Environment
Monroe County shall address energy, resources and climate issues in the built environment by:
encouraging green development practices; reducing waste; enhancing transportation choices; and
educating the community about the need to reduce energy use and prepare for climate change impacts.
Objective 1503.1—Energy& Resources Built Environment
To address the impacts of GHGEs and climate change, Monroe County shall promote energy and
resource efficiency across all sectors of energy use, p''"Ior- Pncl mr-owate-sc�+ in the built
environment.
Policy 1503.1.1
Within five(5)years after the adoption of the 20-30 Comprehensive Plan, Monroe County shall
include meFe updated energy efficiency requirements into the Land Development Code as
appropriate.
ar�r�r�r�ri-�+o I��i�lc alf rla�i�l�r�mor�+ ire it''Inor-Ahlo -�ro-�c
A I. �T
Policy 1503.1.2 ,
velepmen+. Within five (5) years after the adoption of the 20 Comprehensive Plan, the
County shall promote sustainable and resilient construction rating systems that reduce resource
use and increase resiliency. The County shall provide information resources to the development
community to encourage the use of such rating systems.
Policy 1503.1.3 <was Policy 1503.1.3>
Within (5) years after the adoption of the 20-30xx Comprehensive Plan, Monroe County shall
update the Land Development Code to increase bicycle and pedestrian-friendly development
with more transportation options and increase the construction of energy efficient and climate
resilient structures.
Policy 1503.1.4<was Policy 1503.1.5>
Consistent with the Lower East Coast Regional Water Supply Plan, Monroe County shall
encourage FKAA to continue expanding water auditing programs to increase the scope of the
26
Druft u f mmon Purposes Resiliency
audits and identify opportunities to reduce system leaks and promote water conservation
retrofitting. Such opportunities could include County promotion for the reconditioning
and reuse of septic tanks to provide a water source for landscaping, increased use of rainwater
harvesting techniques, such as cisterns and other water storage techniques.
Policy 1503.1.5 <was Policy 1503.1.6>
Within one (1)year after the adoption of the 20-30xx Comprehensive Plan, Monroe County shall
develop additional policies to increase water conservation, which may include the adoption of
additional recognized standards such as the South Florida Water Management District's "Water
Star" or EPA's "Water Sense" programs as incentives within the development approval process.
Palecu 1 GA2 1 7
in
fOF chaI=ib,R,gx habitat and landsea.pe-S., the need fOF sheFeline stabilization and. ppeettenti-a4
Daler-y 1 GA2 1 4
1
1
and FeseWee ets to ine-,,ghbeFlng prnmimr-tJimr. and the values and functions of beaches a
,,.pacts. MenFee County
1
Policy 1503.1.6
Within one (1) after adoption of the 20 Comprehensive Plan, Monroe County shall review the
Land Development Code to determine if permitting obstacles exists for individual or aggregated
renewable energy projects including, but not limited to solar projects at the neighborhood or
community level. Such obstacles could include uses of vacant lands, site development criteria
or limits on infrastructure to support such projects. Upon the conclusion of that review, Monroe
County shall amend the Land Development Code as appropriate.
Objective 1503.2--Climate Resiliency Built Environment
Monroe County shall improve climate resiliency in the built environment and work with property
owners to understand climate risk, implement strategies, secure funding sources and reduce the
amount of vulnerable properties throughout the County.
Policy 1503.2.1
Monroe County shall coordinate across the planning, public works, disaster recovery and
resiliency efforts on sea level rise, recovery, floodplain management and resiliency planning,
including improvement projects and funding strategies, to prepare for the impacts of climate
change and address adaptation within the built environment. Based on this coordination,within
five (5)years after the adoption of the 20 Comprehensive Plan, Monroe County shall evaluate
27
Druft u f mmon Purposes Resiliency
and develop a range of adaptation strategies that may include updated onsite stormwater
retention standards, pervious surface requirements, fill material requirements, shoreline
hardening options, natural resiliency strategies related to vegetative requirements and open
space as well as elevation and floodproofing methods. Upon the development of a range of
adaptation strategies feasible, considering the different site characteristics across the County,
Monroe County shall amend the Land Development Code as appropriate.
Policy 1503.2.2<was Policy 1502.1.10>
Within five(5)years after the adoption of the 2030 Comprehensive Plan, Monroe County shall
review the Land Development Code that to address stormwater
management considerations for sea level rise impacts. To the extent practicable, Monroe
County shall incorporate green infrastructure or passive alternatives that maximize land
preservation over impervious or "active" infrastructure. Sueh alteFna+;.,o� GOE„id include +
Monroe County shall determine if Land Development Code
amendments are needed to address increased retention requirements and other topographic
or infiltration considerations which may influence stormwater management requirements on
private property. Monroe County shall also consider the ability to meet water quality
requirements related to stormwater management regulations and if there are any impacts from
climate change that may jeopardize the County's ability to meet those requirements.
Policy 1503.2.3 <was Policy 1503.1.7>
Within five(5)years after the adoption of the 20-30 Comprehensive Plan, Monroe County shall
determine the appropriate climate change considerations (including but not limited to,
emergency management,flood risk,storm surge, ,the potential
for changing habitat and landscapes, the need for shoreline stabilization and the potential
impacts to infrastructure necessary to serve proposed uses) to evaluate when reviewing land
use amendments and development proposals.
Policy 1503.2.4<was Policy 1503.1.4>
Monroe County shall review the most updated FEMA maps within one (1) year of their
adoption and evaluate floor elevation requirements, as necessary, for all new construction in
vulnerable areas.
Policy 1503.2.5 <was Policy 1503.1.8>
Within five(5)years after the adoption of the 20W Comprehensive Plan, Monroe County shall
develop a shoreline stabilization strategy to protect and enhance the built and natural
environments from erosion and sea level rise impacts prioritizing natural green infrastructure
approaches, to the extent practicable. Monroe County shall assure shoreline stabilization
strategies are found to be in the public interest in light of that area's vulnerability to climate
change impacts. Monroe County shall also consider public access to beaches, minimizing
adverse impacts to coastal processes and resources, impacts to neighboring properties, and the
values and functions of beaches and coastal/marine systems, relative to shoreline stabilization
strategies.
28
Druft u f m m'on Purposes Resiliency
Policy 1503.2.6
Monroe County shall disseminate information to the public regarding the future impacts of
climate change including but not limited to, sea level rise, flooding, extreme heat, ocean
acidification and coral reef threats, changes in vector borne diseases, severe weather events,
shifting habitats and other stressors. The County shall also convey the need, coordination and
differences between public infrastructure investments and adaptations on private property.
Policy 1503.2.7
Monroe County shall communicate and inform the community on the impacts of climate change
and increase the understanding of future vulnerabilities through mechanisms such as outreach
on tidal events, project updates and documenting the visible impacts across the community.
Policy 1503.2.8
Monroe County shall coordinate with the business community to increase the understanding of
climate threats and the benefits of planning for adaptation to avoid disruptions in services.
Objective 1503.3 -- Transportation Strategies to Reduce GHGEs and Respond to Climate Change
<was Objective 1503.2>
Monroe County shall work cooperatively with municipalities and transportation agencies to identify
and evaluate transportation strategies to address energy and climate issues.
Policy 1503.3.1<was Policy 1503.2.1>
Within five(5)years after the adoption of the 20-30 Comprehensive Plan, Monroe County shall
evaluate the need and opportunities for additional policies to reduce vehicle miles traveled
("VMT") by 2030 .Such policies could include offering a range of transportation choices in new
development or redevelopment projects; incentivizing connectivity between differing modes of
transportation to increase modal split and linking residential and employment center land uses
to reduce the need for single vehicle trips.
Policy 1503.3.2<was Policy 1503.2.2>
Within five(5)years after the adoption of the 20-39 Comprehensive Plan, Monroe County shall
determine Upper, Middle and Lower Keys publicly accessible locations appropriate for electric
vehicle charging stations and create a strategy to encourage a mix of alternative fuel sources
such as e 1 eetFi-E+ty A.Rel biodiesel for vehicles. Monroe County shall also encourage the inclusion
of such charging stations in appropriate zoning categories.
Policy 1503.3.3 <was Policy 1503.2.3>
Monroe County shall continue to coordinate with the City of Key West to increase ridership and
reduce wait times on the Lower Keys Shuttle with the goal of promoting energy conservation
and reducing GHGEs.
Policy 1503.3.4
Monroe County shall plan for the feasibility of alternative modes of transportation to address
the inundation impacts on road facilities from future sea level rise. Such plans shall also include
consideration of the opportunities and costs associated with roadway maintenance, upgrades
or abandonment.
29
Druft u f m m'on Purposes Resiliency
Objective 1503.4—.Green Industry Growth <was Objective 1503.3>
With the objective of becoming more resilient to climate impacts and promoting new green
industries, Monroe County shall promote public awareness of the relationship between energy and
resource conservations and addressing climate impacts and economic benefits derived from them
preparation and these linkages.
Policy 1503.4.1 <was Policy 1503.3.1>
Monroe County shall work with the construction industry to assure input on green and energy
efficiency standards so that local contractors are informed and can participate in their
implementation through development, redevelopment and public infrastructure projects. The
County will seek opportunities to partner with other local governments, Florida Keys College,
and other agencies to implement this policy.
Policy 1503.4.2<was Policy 1503.3.2>
Within one (1)year after the adoption of the 20W Comprehensive Plan, Monroe County shall
incorporate appropriate green building or climate resilient specifications into competitive bids
which ma will include sustainable building or green building code accredited individuals on
design teams and incorporation of green building practices, as appropriate, for all projects
relying upon County funds consistent with Chapter 255, F.S.
Policy 1503.4.3 <was Policy 1503.3.3>
Monroe County shall seek ways to enhance sustainable business development opportunities
focusing on sustainable tourism, educational and institutional research-based tourism, green
technologies and construction strategies.
GOAL 1504 - Natural Systems and Climate
Monroe County shall further protect natural systems and habitats by incorporating climate adaptation
and mitigation strategies in its land acquisition policies.This goal will include consideration of the need to
address natural resource protection and restoration requirements, the likelihood of natural resource
impacts such as shifting habitats from a rising sea, potential threats and loss of marine ecosystems and
habitat, ecosystem-based approaches to exotic species and vegetation management and the need to
protect, manage and restore native habitat.
Objective 1504.1
Within five (5) years after the adoption of the 2030 Comprehensive Plan, the County shall revise
its land acquisition and preservation policies to consider the climate change-related values of natural
areas for sequestering carbon and providing climate adaptation and mitigation benefits such as the
resource's strategic capacity to absorb floodwaters and address coastal ecosystem migration.
Policy 1504.1.1
Within five(5)years after the adoption of the 20-30 Comprehensive Plan, Monroe County shall
identify and evaluate natural resources, including coastal and marine environmental;resources
that may be vulnerable to climate change impacts a,ndl ^nsicl^r mitiga -,,i0l -„dl-,r
manage ent ctFa to and shall continue to update such
analyses when new data is available.The County may us data generated in the GreenKeys Plan
(2016)and other related sources to establish a baseline against which to measure future habitat
impacts from climate change—Based upon this data, the County shall consider mitigation and
adaptation to address vulnerabilities of natural resources as feasible.
30
Druft u f mmon Purposes Resiliency
Policy 1504.1.2
Within five (5) years after the adoption of the Plan, Monroe County shall determine if any
additional or revised land acquisition or land development regulations are needed to implement
land acquisition or preservation programs that prioritize the benefits gained from protecting
and enhancing natural lands in mitigating the impacts of erosion of shorelines. Monroe County
shall encourage the state and federal government to acquire lands which provide natural
resource protection for listed species and which address natural resource impacts such as
shifting habitats from a rising sea.
Policy 1504.1.3
Recognizing the unique impacts that climate change has on the County's reef system, primarily
warming ocean temperatures, ocean acidification and changes in marine estuaries and brackish
systems affecting juvenile species, Florida's reef fish and invertebrate populations and
associated fisheries, Monroe County shall coordinate on an ongoing basis with Federal, state,
regional and research agencies and organizations responsible for monitoring impacts to coral
reefs. Monroe County shall work with these agencies to implement land-based strategies to
mitigate those impacts such as minimizing sedimentation, storm water runoff, and other water
quality impacts to the Florida reef system.The County will also participate in updates to existing
programs and strategies (e.g. Florida Keys National Marine Sanctuary Water Quality Protection
Program and the existing marine protected areas in the Florida Reef System) to optimize their
effectiveness and make them more robust in the context of creating resilience to climate
change.
Policy 1504.1.4
In coordination with relevant agencies, including the Florida Keys National Marine Sanctuary,
the County will contribute to and participate in the development and implementation of a
marine zoning plan(s) or other appropriate tool(s) which incorporate resilience-based concepts
to provide maximum protection for all reef types and associated habitats in the Florida Reef
System with consideration of the connectivity between reefs and their associated nursery
habitats.
Policy 1504.1.5
Within five(5)years after the adoption of the 2030 Comprehensive Plan, Monroe County shall
consider revising its natural resource restoration policies based on identification of vulnerable
areas to encourage planting and proper long-term maintenance of native flora throughout the
County. This will include, but not be limited to, a review of current County buffer requirements
within the Land Development Code to encourage a balance of trees, understory, shrubs, and
groundcover, reducing pea-rock and turf grass on rights-of-way whenever possible and utilizing
native ground cover, plants, and trees.
Policy 1504.1.6
The County shall work to provide and enhance data related to the impacts from climate change
on habitat and dependent species, including listed or protected, and to develop strategies for
adaptation in coordination with other Federal and State agencies.
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mipfor f s'Imul�"
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Task 2.4: Recommendations to Address Sea level Rise in Elements of
Monroe County Comprehensive Plan
Future Land Use
Policy 101.2.3
The County will consider capital improvements based upon the need for improved
hurricane evacuation clearance times incorporating future sea level rise planning. The
County will coordinate with the FDOT, the state agency which maintains U.S.1, to ensure
transportation projects that improve clearance times are prioritized.
Objective 101.5
Monroe County shall regulate future development and redevelopment to maintain and enhance
the character of the communityLapA protect natural resources and consider future vulnerability
by providing for the compatible distribution of land uses consistent with the designations shown
on the Future Land Use Map. [F.S. § 163.3177(6)(a)].
Policy 101.5.32 and Policy 101.5.33
Comment: Did the Flood Protection Height Exceptions get adopted?
Objective 101.6
Monroe County shall maintain and implement a Point System based primarily on the Tier system
of land classification in accordance with Goal 105, which directs future growth in order to:
1. maintain and enhance the character of the community [F.S. § 163.3177(6)(a)2.c.];
2. protect natural resources [F.S. § 163.3177(6)(a)3.f.];
3. encourage a compact pattern of development [F.S. § 163.3177(6)(a)2.h.];
4. encourage the development of affordable housing;
5. direct future growth to appropriate infill areas and away from inappropriate locations not
suitable for development such as environmentally sensitive areas, Coastal Barrier Resource
System (CBRS) Units, areas vulnerable to sea level rise and V-zones; and
6. encourage development in areas served by central wastewater treatment systems.
Policy 101.6.4 and Policy 101.6.5
Add point categories related to vulnerability to future inundation from sea level rise?
Policy 101.6.8
Monroe County shall maintain a Transfer of ROGO Exemption (TRE) program, that allows
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 subarea, provided that
they are lawfully existing and can be accounted for in the County's hurricane evacuation
model. Dwelling units may be transferred as follows:
a. between sites in the Upper Keys ROGO subarea;
b. between sites in the Lower Keys ROGO subarea;
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c. between sites in the Big Pine Key and No Name Key ROGO subarea;
i. units from the Big Pine Key and No Name Key ROGO subarea may also be
transferred to the Lower Keys ROGO subarea.
No sender units may be transferred to an area where there are inadequate facilities and
services or that is vulnerability to sea level rise by 20xx based on projections adopted by
the BOCC.
Sender Site Criteria:
1. Contains a documented lawfully-established sender unit recognized by the
County;
2. Located in a Tier I, II, III-A, or III designated area; including any tier within the
County's Military Installation Area of Impact (MIAI) Overlay; and
3. Shows vulnerability to sea level rise by 20xx based on projections adopted by
the BOCC.
Receiver Site Criteria:
1. The Future Land Use category and Land Use (Zoning) District must allow the
requested use;
2. Must meet the adopted density standards;
3. Includes all infrastructure (potable water, adequate wastewater treatment and
disposal wastewater meeting adopted LOS, paved roads, etc.);
4. Located within a Tier III designated area;
5. Structures are not located in a velocity (V) zone or within a CBRS unit; and
6. Is not vulnerability to sea level rise by 20xx based on projections adopted by the
BOCC
Objective 101.10
Monroe County shall fprmaintain drainage and stormwater management so as to
protect real and personal property and to protect and improve water quality from
precipitation�[ed30]. [F.S. § 163.3177(6)(c)]
Policy 101.10.4
Monroe County shall update stormwater management regulations based on the range of
adaptation strategies to be developed in Policy 1503.2.1.
Policy 101.12.2
Monroe County shall require that the following analyses be undertaken prior to finalizing
plans for the siting of any new County public facility, excluding electricity over which the
Public Services Commission of the State of Florida exercises jurisdiction, or the significant
expansion (greater than 25 percent) of an existing public facility, excluding electricity over
which the Public Services Commission of the State of Florida exercises jurisdiction:
1. assessment of needs;
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2. evaluation of alternative sites and design alternatives for the alternative sites;
3. assessment of direct and secondary impacts on surrounding land uses and
natural resources:; and
4. the vulnerability of the site to future sea level rise within the projected useful
life of the facility.
The assessment of impacts on surrounding land uses and natural resources will evaluate
the extent to which the proposed public facility involves public expenditures in the coastal
high hazard area and within environmentally sensitive areas, including disturbed salt
marsh and buttonwood wetlands, undisturbed beach berm areas, units of the Coastal
Barrier Resources System, undisturbed uplands (particularly high quality hammock and
pinelands), habitats of species considered to be threatened or endangered by the state
and/or federal governments, offshore islands, and designated Tier I areas.
Except for passive recreational facilities on publicly-owned land, no new public facilities
other than water distribution and sewer collection lines, pump/vacuum/lift stations,
cluster systems, or small package plants/treatment facilities shall be allowed within Tier I
designated areas or Tier III Special Protection Area unless it can be accomplished without
clearing of hammock or pinelands. Exceptions to this requirement may be made to
protect the public health, safety, and welfare, if all the following criteria are met:
1. No reasonable alternatives exist to the proposed location; and
2. The proposed location is approved by a supermajority of the Board of County
Commissioners.
The site of the Key Largo Wastewater Treatment Facility (located at mile marker 100.5)
with an allowed clearing of up to 4.2 acres shall not be subject to this policy.
Policy 101.13.3
Transfer of Development Rights program sender and receiver sites are subject to the
following transfer conditions:
Sender Site Criteria:
1. Property has development rights to transfer, and
2. Located in a Tier I, II, III-A, or III designated area; including any tier within the
County's Military Installation Area of Impact (MIAI) Overlay.
3. Shows vulnerability to sea level rise by 20xx based on projections adopted by
the BOCC.
Receiver Site Criteria:
1. The Future Land Use category and Land Use (Zoning) District must allow the
requested use;
• Liveable CommuniKeys Community Centers shall be encouraged as receiving
areas for transfer of development rights.
2. Must have an adopted maximum net density standards;
34
Druft for s m bn Purposes Resiliency Planning Grant#1915 61181ZO
3. Includes all infrastructure (potable water, adequate wastewater treatment and
disposal wastewater meeting adopted LOS, paved roads, etc.)
4. Located within a Tier III designated area; and
5. Is not located within a designated CBRS unit.
6. Is not vulnerability to sea level rise by 20xx based on projections adopted by the
BOCC
Objective 101.14
Monroe County shall maintain land development regulations which direct future growth away
from areas within the Coastal High Hazard Area (CHHA) or that show a vulnerability to sea level
rise by 20 based on projections adopted by the BOCC.
Policy 101.14.1
Monroe County shall discourage developments proposed within the CHHA or that show
a vulnerability to sea level rise by 20 based on projections adopted by the BOCC.
Objective 102.4�[ed31]
Monroe County shall maintain a Land Acquisition Master Plan containing strategies for securing
funding and containing non-purchase options and strategies.
Policy 102.4.2
Comment: It is likely that this overall Policy will need to be reviewed after updated
vulnerability analysis and the establishment of Adaptation Action Areas as there may be
different types of Adaptation Action Areas that ultimately get established, not just focused
on more interior areas as the Policy currently suggests.
Policy 103.2.3
Monroe County shall require that the following analyses be undertaken prior to finalizing
plans for the siting of any new public facilities, excluding electricity over which the Public
Services Commission of the State of Florida exercises jurisdiction, or the significant
expansion (greater than 25 percent) of existing public facilities, excluding electricity over
which the Public Services Commission of the State of Florida exercises jurisdiction:
1. assessment of needs;
2. evaluation of alternative sites and design alternatives for the selected sites;
3. assessment of impacts on surrounding land uses and natural resources;L
4. the vulnerability of the site to future sea level rise within the projected useful
life of the facility.
The assessment of impacts on surrounding land uses and natural resources will evaluate
the extent to which the proposed public facility involves public expenditures in the coastal
high hazard area and within environmentally sensitive areas, including disturbed salt
marsh and buttonwood wetlands, undisturbed beach/berm areas, units of the Coastal
Barrier Resources System, undisturbed uplands (particularly high quality hammocks and
pinelands), habitats of species considered to be threatened or endangered by the state
and/or federal governments, offshore islands, and Conservation Land Protection Areas.
35
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Monroe County shall require that public facilities be developed on the least
environmentally sensitive lands and shall discourage the location of public facilities on
North Key Largo, unless no feasible alternative exists and such facilities are required to
protect the public health, safety, or welfare.
Objective 104.1
Monroe County shall maintain a comprehensive inventory of historical and archaeological
resources within unincorporated Monroe County and incorporate information into the inventory
regarding the resources' vulnerability to sea level rise.
Objective 104.4
Monroe County shall adopt and implement measures for the protection and preservation of
historic resources on public lands including consideration of the resources' vulnerability to sea
level rise. [F.S. § 163.3177(6)(a)3.f.]
Objective 105.1
Monroe County shall continue to implement smart growth and resiliency initiatives in
conjunction with its Livable CommuniKeys and Land Acquisition Programs which promote
innovative and flexible development processes to preserve the natural environment, maintain
and enhance the community character and quality of life, redevelop blighted commercial and
residential areas, remove barriers to design concepts, reduce sprawl, increase resiliency, and
direct future growth to appropriate infill areas. [F.S. § 163.3177(6)(a)2.e.
Traffic Circulation
Policy 301.2.5
In order to proceed with development, a parcel shall have legal access,[ed32]to public or
private roads, rights of way or easements or such access shall be established.
Ports,Avviation and Related Facilities
GOAL 501- Monroe County shall provide aviation facilities in a manner that maximizes safety,
convenience, economic benefit, environmental compatibility, resiliency and consistency with
other elements of the comprehensive plan, including exercising its planning and land use
authorities on County-owned airport properties within incorporated areas of the County.
GOAL 502- All existing and future residents and visitors of Monroe County shall be served with
ports in a manner that maximizes safety, convenience, economic benefit, environmental
compatibility, resiliency and consistency with other elements of the comprehensive plan.
36
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Housing.
GOAL 601- Monroe County shall adopt programs and policies to facilitate access by residents to
adequate and affordable housing that is safe, decent, and structurally sound, resilient, and that
meets the needs of the population based on type, tenure characteristics, unit size and individual
preferences. [F.S. § 163.3177(6)(f)1., 3.]
Policy 601.1.5
If Monroe County funding or County-donated land is to be used for any affordable housing
project, alternative sites shall be assessed according to the following guidelines:
1. The location of endangered species habitat. Sites within known, probable, or
potentially suitable threatened or endangered species habitat shall be avoided.
2. The environmental sensitivity of the vegetative habitat. The habitat sensitivity
shall be determined according to the ranking specified in the Environmental
Design Criteria section of the Land Development Code. Disturbed sites shall be
selected, unless no feasible alternative is available.
3. Sites located within V-Zones, on offshore islands, G F within CBRS units, or
vulnerable to the impacts of future sea level rise shall be avoided.
4. The level of service provided in the vicinity for all public facilities. Areas which
are at or near capacity for one or more public facility should be avoided.
S. Proximity to employment and retail centers. Sites within five miles of
employment and retail centers shall be preferred
Policy 601.1.11
The Land Authority shall not list or acquire lands as potential affordable housing sites if
the lands exhibit any of the following characteristics:
1. Any portion of the land lies within a known, probable, or potentially suitable
threatened or endangered species habitat.
2. The land has a Tier designation other than Tier III.
3. The land is located in a V-Zone, on an offshore island or within a CBRS unit.
4. The land is vulnerable to sea level rise based upon...
Potable Water
GOAL 701-Monroe County shall support FKAA in the fulfillment of their statutory obligation and
authority to provide for a safe, high quality and adequate supply, treatment, distribution,
resiliency, and conservation of potable water to meet the needs of present and future residents.
[F.S. §§ 163.3177(6)(c), 163.3177(6)(c)21
37
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a n ita ry 5ewe r
Objective 901.3
Monroe County shall regulate land use and development to conserve potable water, and protect
the functions of natural drainage features and groundwater from the impacts of sewer systems
considering the future impacts of sea level rise. [F.S. § 163.3177(6)(c)2.]
Drainage,
GOAL 1001- Monroe County shall provide a stormwater management system which
maintains precipitation-based drainage for real and personal properties, public health and safety,
and which promotes and protects groundwater and nearshore water quality. [F.S. §
163.3177(6)(c)]
Policy 1001.1.1
Water Quality Level of Service Standards - Minimum Water Quality:
All projects shall be designed so that the precipitation-based discharges will meet Florida
State Water Quality/Quantity Standards as set forth in Chapters 62-3 and 62-302.530,
F.A.C, incorporated herein by reference. All projects should be designed in accordance
with the Florida Department of Transportation and South Florida Water Management
District standards and taking into account projections for r-I*m;itsa hange sea level rise.
[F.S. § 163.3177(6)(c)]
Every three years, after the adoption of the 2030 Comprehensive Plan, Monroe County
shall review the standards for detention and retention volumes for surface water to
ensure they achieve minimum water quality standards.
Policy 1001.1.3
Monroe County shall maintain, implement, review and update, as necessary,the County's
stormwater management regulations and Stormwater Master Plan.All improvements for
maintenance, replacement, expansion or increase in capacity of drainage facilities shall
conform to the adopted level of service criteria pursuant to Policy 1001.1.1. [F.S. §
163.3177(3)(a)3.]
Policy 1001.1.5
Monroe County shall maintain land development regulations which ensure County review
of all development permits for compliance with adopted stormwater management design
criteria taking into account projections for sea level rise. [F.S. § 163.3177(3)(a)3.1
Policy 1001.1.6
Within three years of the adoption of the 2030 Comprehensive Plan, Monroe County shall
evaluate the need to complete an inventory and analysis of existing public drainage
facilities within the County and associated flooding issues including the future impacts of
sea level rise. [F.S. § 163.3177(6)(c)1, 2.1
38
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Policy 1001.2.1
Proposed stormwater capital improvements projects shall be evaluated as follows, with
special attention to the position of the project in the Monroe County Seven Year Roadway
and Bicycle Path Plan:
a) Whether the project is needed to protect public health and safety, to fulfill the
County's legal commitment to PFev, maintain facilities and services, to protect
sensitive environmental areas from documented or anticipated adverse impacts.;
er fe precr►rve a @.r,-,hie�1ie f i11 1 i icy �% f nvictir�a f AaiI Pc
b)Whether the project increases efficiency of use of existing facilities, prevents or
reduces future improvement costs, provides service to developed areas lacking
full service, or promotes infill development.
c) Whether the project represents a logical extension of facilities and services
within a designated service area.
d)The projected level of service that can be afforded when considering future sea
level rise and the useful life of the project.
Policy 1001.2.2
Projects needed to correct existing deficiencies related to precipitation-based flooding
shall be given priority in the formulation and implementation of the annual work program
for the responsible County department. Specific priority will be given to those existing
drainage problems which are determined to have the greatest adverse effect on 1) public
health and safety; 2) groundwater and nearshore waters or areas designated as
Outstanding Florida Waters; and 3) access. [F.S. § 163.3177(3)(a)1.]
Natural Groundwater Aquifer'Recharge
Objective 1101.1
Monroe County shall work cooperatively with Miami-Dade County to encourage land use
planning and development controls which shall protect the recharge area of the Florida City
Wellfield from potential sources of groundwater contamination, saltwater intrusion, sea level
rise and over-extraction.
Objective 1101.2
Monroe County shall provide for the protection of groundwater within the unincorporated areas
recognizing the future impacts of sea level rise.
Policy 1101.2.2
Monroe County shall continue to restrict the percentage of impervious surfaces on
development sites through application of the Open Space Requirements in the Land
Development Code considering inundation from future sea level rise. These regulations
shall be met or exceeded in order to minimize impervious areas and to protect freshwater
lens recharge areas. [F.S. § 163.3177(6)(c)]
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Policy 1101.2.3
Monroe County shall consider altering the minimum required open space ratios, and
other development regulations,to protect the quantity and quality of groundwater in the
freshwater lens systems considering inundation from future sea level rise. [F.S. §
163.3177(6)(c)]
Re r do and open Space
Policy 1201.2.3
Priority shall be given to locating new neighborhood and community parks in
communities which demonstrate the greatest deficiencies in parks and recreation, to the
extent practicable.
Policy 1201.2.4
In selecting sites for future activity-based neighborhood and community parks, Monroe
County shall give priority to sites which have been previously disturbed or scarified. The
County shall avoid acquiring sites for activity-based parks which will result in potential
disturbances to sensitive natural resources including but not limited to:
1. high quality undisturbed pineland and hammock vegetation;
2. documented habitat of species designated as rare or endangered by the state
and federal governments;
3. undisturbed beach/berm; and
4. undisturbed mangrove, salt marsh, buttonwood and freshwater wetlands.
5. its vulnerability to climate impacts and sea level rise
When park sites are acquired which include sensitive natural resources, then the park
plan (See Policy 1201.3.5 and 1201.3.7) and the park management plan (See Policy
1201.7.1 and 1201.7.2) shall designate such areas for passive recreation and shall avoid
potential adverse impacts of park development and use upon those resources.
Policy 1201.3.5
Park plans shall address the following issues:
1. public uses and facilities;
2. public access;
3. compatibility with adjacent land uses;
4. waterways [F.S. § 163.3177(6)(e)];
5. types of recreational uses;
6. protection of sensitive natural resources;
7. restoration of disturbed lands.
8. vulnerability to sea level rise
40
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Policy 1201.3.9
Monroe County shall continue to ensure access to publicly-owned recreation and open
space areas and accessible facilities, including beach and shoreline areas, for all Monroe
County residents and visitors to the extent practicable.
Policy 1201.6.1
The Monroe County Parks and Recreation Master Plan shall update the following:
1. inventory of recreation lands and facilities;
2. demand for recreation lands and facilities;
3. level of service standards and recreational guidelines;
4. development and acquisition;
5. public surveys;
6. public participation programs;
7. public access.
8. vulnerability to sea level rise
Policy 1201.7.3
For parks which include beaches and shoreline areas, the MMP shall provide for the
maintenance and/or improvement of existing levels of beach and shore access to the
extent practicable.
Intergovern'm e'ntarl Coordination
Comment: Add a new Goal related to sea level rise planning to address coordination
among agencies related sea level rise projections (Southeast Florida Regional Climate
Change Compact), natural areas and species management with supportive Objectives and
Policies.
Cap�italImprove ant
GOAL 1401- Monroe County shall maintain, in a timely and efficient manner,
^^'iQry11^tompublic facilities for both existing and future populations, consistent with available
financial resources and the other elements of the Comprehensive Plan.
Objective 1401.1
Monroe County shall provide the capital improvements necessary to maintain, correct existing
deficiencies, to accommodate projected future growth, and to replace obsolete and worn-out
facilities, in accordance with an adopted Capital Improvements Program.
Objective 1401.2
With the following exceptions, County public expenditures within the Coastal High Hazard Area
(CHHA) shall be limited to the restoration or enhancement of natural resources and parklands,
expenditures required to serve existing development such as the maintenance or repair of
existing infrastructure, and expenditures necessary for public health and safety:
41
Druft u mm� Resiliency�w
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1. County public expenditures within the CHHA may be permitted where required
to meet adopted level of service standards or to maintain or reduce hurricane
evacuation clearance times and where no feasible alternatives to siting the
required facilities within the CHHA exist.
2. County public expenditures within the CHHA may be permitted for
maintenance, improvements and expansions to existing public facilities, which
improvements or expansions are designed to minimize risk of damage from
flooding when practicable.
42
Task 2.5: Final Draft of Peril of Flood Amendments for Conservation and Coastal Management
GOAL 218
The County shall consider the peril of flooding impact to eliminate inappropriate and unsafe development
in redevelopment plans. [F.S. § 163.3178(2)(f)1
Objective 218.1
Monroe County shall include in its planning efforts development and redevelopment principles,
strategies, and engineering solutions that reduce flood risk in coastal areas across the community,
which results from high-tide events, storm surge, flash floods, stormwater runoff, and the related
impacts of sea-level rise. [F.S. § 163.3178(2)(f11.
Policy 218.1.1
The County shall develop by 2022,a short,medium and long-term Roads and Stormwater Capital
Plan informed by future growth, design levels of service for flooding, future sea level rise
projections and other legal and policy analyses.
Policy 218.1.2
Within two years of completing the Roads and Stormwater Capital Plan,the County shall review
and update its land development regulations and infrastructure design criteria, to include
development and redevelopment principles and strategies that reduce current and future flood
risk. Principles shall be based upon considering the ecological, engineering, disaster risk
reduction and social elements of resiliency. Strategies may include best practices that prioritize
elevation and floodproofing, protection of building mechanical systems, onsite retention and
pervious surfaces, shoreline protection and accommodation, site-specific flood management
techniques, green infrastructure, maintaining access to services and managed retreat.
Policy 218.1.3
Based upon a Shoreline Stabilization Strategy to be completed pursuant to Policy 1503.1.8, the
County shall identify locations to protect and enhance the built and natural environments from
erosion and sea level rise impacts prioritizing natural green infrastructure approaches. The
County shall also identify locations for new or enhanced natural or living shorelines including
strategies for funding, restoring, permitting, and constructing such projects on both public and
private properties. [Complete by 20251.
upalwau7 Q n
. .4
ortifi Ir�r�tir�rc fir new r►r onhAmr-od nAtl lrAl aw jewe ►rr chr�rolir�oc iI Ir►rli 1rlir�rs I%.o I%A%A I I In ct r�torsioc fnr
i Inclon roctr%rinrs r►orrvmittir►rs ;ind rnnstri�rtir►rs ci 1rh r,rr�iortc r,r, hnth M-1hlir And preiglto
r►rrar►ort ra to hy 7(1751
Policy 218.1.4
The County shall integrate land development, land acquisition and infrastructure strategies into
the Local Mitigation Strategy, Monroe County Recovery Plan (2010) and the Monroe
Countywide Post-Disaster Recovery Strategy to respond to current and future flood risk.
43
Objective 218.2
Encourage the use of best practices development and redevelopment principles, strategies, and
engineering solutions at the site level that will result in the reduction of losses due to flooding and
claims made under flood insurance policies and the removal of coastal real property from flood zone
designations established by the Federal Emergency Management Agency.
Policy 218.2.1
The County shall prioritize land acquisitions for existing structures and vacant lands considering
storm damage, repetitive loss,flood risk vulnerability and future sea level rise. Opportunities to
demolish existing structures that are acquired, returning the land to its natural state, for the
creation of living shorelines, or other purposes, shall be evaluated to provide passive resiliency
benefits in vulnerable areas.
Policy 218.2.2<was Policy 216.1.7>
Monroe County shall consider floodplain management and CHHA issues in making public
acquisition decisions. [F.S. § 163.3178(2)(d)1
Policy 218.2.2
The County shall align housing_policies focusing on affordability and workforce housing, code
compliant reconstruction, elevation, floodproofing, relocation and other mitigation strategies
to reduce losses from flooding and claims made under flood insurance policies based upon the
work of the Housing Recovery Task Force and Housing Recovery Strategy.
Policy 218.2.3
The County shall pursue funding resources and provide assistance to property owners for
weatherization, mitigation,flood-proofing and other flood-resistant improvement projects.The
County shall also seek funding to supply relocation assistance for property owners to move to
less vulnerable areas.
Policy 218.2.4
The County shall continue to provide public information related to the updates, development
and adoption of FEMA's FIRM Flood Maps as well as strategies to increase resiliency to storm
events and flooding in vulnerable areas.
Policy 218.2.5
Within three (3) years of final adoption of FEMA's Flood Insurance Rate Maps (FIRMs), the
County shall review land development and floodplain management regulations to reflect
updated flood risk data.
Policy 218.2.6<was Policy 216.1.6>
Monroe County shall continue to enforce federal, state and local construction, setback and
elevation requirements to promote the protection and safety of life and property. Revisions to
the existing setback requirements contained in the land development regulations shall be
considered as a means of reducing property damage caused by storms. f F.S. § 163.3178(2)(d)1
Policy 218.2.7<was Policy 216.1.8>
Monroe County shall require that,to the greatest extent practicable,development activity,such
as land clearing, grading and filling will not disturb natural drainage patterns.
44
Objective 218.3
Be consistent with, or more stringent than, the flood-resistant construction requirements in the
Florida Building Code and applicable floodplain management regulations set forth in 44 C.F.R. part
60.
Policy 218.3.1
The County shall maintain, review and update, at least every five (5) years, its Floodplain
Management Regulations (Chapter 122 , Part II, Land Development), designed to:
(1) Minimize unnecessary disruption of commerce, access and public service during times of
flooding;
(2) Require the use of appropriate construction practices in order to prevent or minimize
future flood damage;
(3) Manage filling,grading, dredging, mining, paving, excavation, drilling operations, storage
of equipment or materials, and other development which may increase flood damage or
erosion potential;
(4) Manage the alteration of flood hazard areas and shorelines to minimize the impact of
development on the natural and beneficial functions of the floodplain;
(5) Minimize damage to public and private facilities and utilities;
(6) Help maintain a stable tax base by providing for the sound use and development of flood
hazard areas;
(7) Minimize the need for future expenditure of public funds for flood control projects and
response to and recovery from flood events;
(8) Ensure potential home buyers are notified that property is in a flood hazard area; and
(9) Meet the requirements of the National Flood Insurance Program for community
participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.
Policy 218.3.2<was Policy 216.1.4>
Monroe County shall continue its policy of reviewing the current Building Code and, as
appropriate, adopting structural standards and site alteration restrictions that meet or exceed
the minimum FEMA requirements. The Building Code shall be reviewed and revised at least
every five years. The recommendations of the applicable interagency hazard mitigation report
shall be considered in revisions to the Code. [F.S. § 163.3178(2)(4f)4.1
Policy 218.3.3
The County shall maintain and review regulations in special flood hazard areas to require
construction by methods and practices that minimize flood damage, including but not limited
to, anchoring by pilings or columns to prevent flotation, collapse and lateral movement of the
structure; preventing the expansion, improvement or repair of construction below elevated
post-FIRM buildings; prohibiting manmade alteration of sand dunes, dune ridge, mangrove
stands or wetlands which would increase the potential of flood damage and elevation or
freeboard standards for structures, electrical and mechanical equipment.
Objective 218.4
Any coastal construction in Monroe County shall be consistent with Chapter 161, F.S.
Policy 218.4.1
The County shall require any coastal construction activities to be consistent with the relevant
sections of Chapter 161, F.S. including Section 161.55, F.S. establishing that all land area within
45
the Florida Keys located within Monroe County be included within the coastal building zone and
subject to the requirements for activities or construction with the coastal building zone.
Objective 218.5
Encourage local governments to participate in the National Flood Insurance Program Community
Rating System administered by the Federal Emergency Management Agency to achieve flood
insurance premium discounts for their residents.
Policy 218.5.1<was Policy 216.1.5>
Monroe County shall continue to participate in the National Flood Insurance Program (NFIP)
Community Rating System (CRS) to the maximum extent possible and shall continue to seek to
improve its current CRS Class rating. [F.S. § 163.3178(2)fQf)�.
Policy 218.5.2
Monroe County shall continue to develop data and dedicate the funding necessary to maintain
or enhance its current CRS Class rating through County resources, grants and/or partnerships.
Policy 218.5.3
Monroe County shall continue to coordinate intergovernmental efforts related to participation
in CRS, public outreach, sea level rise planning and disaster preparedness and recovery, to
maximize County and flood insurance policy holder benefits.
46
r� ��'�; ���,��' � BOARD OF COUNTY COMMISSIONERS
Countyof �s,��f��.,,.,�
,,
"✓J' '4f' M1 Mayor Michelle Coldiron District 2
• '�%% �;� � ' ' � Mayor Pro Tem David Rice District 4
%/ '� f Y
The Florida Keys ,��J ,,�„�` �4 � �,w ,
Craig Cates,District 1
Eddie Martinez District 3
Mike Forster,District 5
County Co ssion Meeting
September 15, 2021
Agenda Item Number: N.1
Agenda Item Summary #9654
BULK ITEM: No DEPARTMENT: BOCC District 4
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500
2:05 P.M.
AGENDA ITEM WORDING: Approval of a resolution in support of traffic flow improvement
projects that would alleviate congestion on U.S. 1 and assist in improving the Level Of Service on
U.S. 1.
ITEM BACKGROUND: Due to the geography of the Florida Keys and identification as a premier
travel destination for tourists and visitors, the Florida Keys has unique traffic characteristics and
traffic volumes that vary significantly during different seasons. The traffic issues on U.S. 1 affect the
health, safety, welfare, economic sustainability and quality of life of the residents and visitors, alike.
The Florida Keys are dependent on a safe, attractive, resilient, sustainable, and efficient access and
travel along U.S. 1 throughout Monroe County. Increased congestion and poor traffic flow have
consistently been a concern voiced by residents of the County for some time.
The 2021 U.S. 1 Arterial Travel Time and Delay Study (ATTDS) reports an overall LOS C on U.S.
1 with a median speed of 45.5 mph. However, two segments within Islamorada, Village of Islands
operate below the adopted LOS standard and the ATTDS has continually identified one or more
segments within Islamorada, Village of Islands as operating below the adopted LOS standard.
In 2019, the Board of County Commissioners (BOCC) established the Florida Keys Transportation
Coordination Committee to coordinate transportation efforts between the County and its five
municipalities, charging the committee with developing recommendations for potential solutions to
the traffic issues that exist throughout the Florida Keys.
In addition, in March 2020, the BOCC gave approval to create a Transportation Master Plan to
provide recommendations for U.S. 1 improvements to remedy Level of Service issues and to
improve traffic flow within Monroe County and recommend multimodal improvements. The
development of the U.S. 1 Transportation Master Plan includes reviewing relevant existing data,
such as traffic volumes, crash data, transit information; meet with stakeholders to get input on
transportation issues and improvement opportunities; public input from numerous sources and public
meetings; analyzing these factors to identify potential issues and develop potential high-level
solutions, including roadway and multi-modal solutions to address the needs of pedestrians,
bicyclists,public transit, and vehicular traffic.
The U.S. 1 Transportation Master Plan is anticipated to be completed and presented to the Monroe
County Board of County Commissioners and the public in October 2021 to review the findings of
the study and a recommended potential project list. It is anticipated the U.S. 1 Transportation Master
Plan recommended potential project list will be further presented and reviewed by the Monroe
County Board of County Commissioners to evaluate the opportunities, constraints and to prioritize
the projects into timeframes of near-term (2021-2025), mid-term (2026-2030), long-term (2031-
2040), and visionary (2041 and beyond).
Coordinated and comprehensive solutions are necessary for the traffic flow, congestion, safety and
other transportation issues that affect the Florida Keys.
Monroe County is requesting the Florida Department of Transportation's (FDOT's) partnership to
address and solve transportation issues affecting the Florida Keys and recognize the importance of
and support for maintaining a safe, resilient and efficient access and travel along U.S. 1.
The proposed resolution includes the following items to communicate the BOCC's support for
traffic flow improvement projects that would alleviate congestion on U.S. 1, assist in improving the
Level Of Service on U.S. 1 and requests that FDOT support U.S. 1 improvement projects that
accomplish these goals and allocate funding within the five-year work program.:
• The Florida Department of Transportation is respectfully requested to support traffic flow
improvement projects that would alleviate congestion on U.S. 1. and assist in improving the
level of service on U.S. 1. and to allocate funding within the five-year work program to
implement these projects.
• The Board of County Commissioners does hereby support and requests the Florida
Department of Transportation replace mile marker signs along U.S. 1 and install half mile
marker signs (for example MM 88.5) to facilitate traffic flow by residents and visitors.
• The Board of County Commissioners does hereby support further reviewing the
recommended potential project list from the U.S. 1 Transportation Master Plan, as well as
recommendations from the Florida Keys Transportation Coordination Committee to improve
traffic flow improvement projects in areas of marginally adequate or operating below the
adopted LOS standard of"C" as identified in the most recent U.S. 1 Arterial Travel Time and
Delay Study, for potential submission to the Florida Department of Transportation.
• The Board of County Commissioners respectfully requests that the Florida Department of
Transportation dedicate staff to coordinate with the County and its five municipalities to
review recommended projects with the local jurisdiction support and assist in evaluating
project opportunities and constraints, and recommending prioritization of projects,
implementation steps and timelines (such as planning, feasibility and warrant studies) and
breakdown of costs.
• The Board of County Commissioners authorizes staff to work with the municipalities and the
Florida Department of Transportation to support this endeavor, particularly in identifying
projects that can be funded and implemented within the next Five-Year Work Program.
PREVIOUS RELEVANT BOCC ACTION:
August 18, 2021: The BOCC gave staff direction to draft a resolution in support of traffic flow
improvement projects that would alleviate congestion on U.S. 1, assist in improving the Level Of
Service on U.S. 1 and request the Florida DOT support U.S. 1 improvement projects that accomplish
these goals and allocate funding within the five-year work program.
August 18, 2021: The BOCC approved the 2021 U.S. 1 Arterial Travel Time and Delay Study,
which measures Level of Service of U.S. 1 within both the unincorporated and incorporated County.
February 17, 2021: The Monroe County Board of County Commissioners adopted the
recommendations of the U.S. 1 LOS Task Force and the 2021 Updated methodology document, A
Methodology To Assess Level-Of-Service On US-1 In The Florida Keys for County use.
October 21, 2020: The Monroe County Board of County Commissioners adopted Resolution 355-
2020, reconvening the US 1 LOS Task Force and tasking the U.S. 1 LOS Task Force with evaluating
the LOS Methodology and potential updates.
March 18, 2020: The Monroe County Board of County Commissioners approved the completion a
Transportation Master Plan to provide recommendations for U.S. 1 improvements to remedy Level
of Service issues and to improve traffic flow within Monroe County and multimodal improvements.
July 17, 2019: The Monroe County Board of County Commissioners adopted Resolution 201-2019,
establishing the Florida Keys Transportation Coordination Committee to coordinate transportation
efforts between the County and its five municipalities.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Resolution Supporting US 1 improvement projects stamped
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
N/A
REVIEWED BY:
Emily Schemper Completed 08/31/2021 12:37 AM
Assistant County Administrator Christine Hurley Skipped
08/31/2021 12:11 AM
Bob Shillinger Completed 08/31/2021 10:11 AM
Purchasing Completed 08/31/2021 10:43 AM
Budget and Finance Completed 08/31/2021 10:46 AM
Maria Slavik Completed 08/31/2021 10:47 AM
Liz Yongue Completed 08/31/2021 11:11 AM
Board of County Commissioners Pending 09/15/2021 9:00 AM
t r
F
MONROE COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. 292 -2021
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS IN SUPPORT OF TRAFFIC FLOW
IMPROVEMENT PROJECTS THAT WOULD ALLEVIATE
CONGESTION N U.S. 1. AND ASSIST IN IMPROVING THE
LEVEL OF SERVICE ON U.S. 1.; REQUESTING THE FLORIDA
IDA
DEPARTMENT TMEI T F TRANSPORTATION FD T SUPPORT T , .
1. IMPROVEMENT PROJECTS THAT ACCOMPLISH THESE
GOALS AND ALLOCATE FUNDING WITHIN THE FIVE-YEAR
WORK PROGRAM; AND DIRECTING STAFF T
COORDINATE WITH FD T AND THE LOCAL JU III TI 1
TO IDENTIFY THE PROJECTS THAT CAN BE FUNDED
WITHIN THE NEXT FIVE-YEAR WORK PROGRAM.
AM.
WHEREAS, the Florida Keys are a chain of islands that are connected to each other and the
gain land by 112 m ilex o f U S H i ghway 1 U.S. 1), extend in g from Key Largo to Key West; and
HE EA , traffic characteristics in the Florida Keys are unique and traffic volumes Crary
significantly during different seasons; and
WHEREAS, tra ff c issues on U.S. 1 affect the health, safety, welfare, economic su t inab i t it
and quality of 1 i fe of the residents and visitors to the Florida Keys; and
HEI EA , the Florida Keys are dependent on a safe, attractive, resilient., sustainable, and
efficient access and travel along U.S. 1 throughout Monroe County; and
HEI EA , Comprehensive Plan Policy 301.1.2 and Land Development Code Sections 114-
and 114-200 adopt the overall and segment level of service L standard for U.S. 1 as L "C"'
represented by a median speed of 45 mph; and
WHEREAS,on October 21,2020,the Monroe Counter Board of County Commissioners adopted
Resolution 355-2020, reconvening the US I LOS Task Force and tasking the U.S. 1 LOS Task Force
with evaluating the LOS Methodology and potential updates;and
WHEREAS, on February 17, 2021, the Monroe County Board of County Commissioners
adopted the recommendations of the U.S. I LOS Task Force and the 2021 Updated methodology
document, A Methodology To Assess Level-Of-Service On US-1 Its The Florida Keys for County use,
and
Resolution o. T 2021 Page t of 4
WHEREAS,the 2 021 U.S. 1 Arteria l Travel Time and Ike lay Stu dy TTD reports an overal I
LO S C on U.S. I w ith a median speed o f 45.5 mph and two segments w ith in the I s lamorada, Ali Rage
of Islands operate below the adopted LOS standard (LOS D for W i rid ley, Segment 20 and LOS E for
Upper Mate umh , Segment 1 ; and
WHEREAS,the ATTDS has continually identified one or more segments with in the Islamorada,
Village of Islands as operating below the adopted LOS standard; and
WHEREAS, on July 17, 2019, the Monroe Counter Board of County Commissioners adopted
Resolution 01- 01 , establishing the Florida Keys Transportation Coordination Committee to
coordinate transportation efforts between the Counter and its five municipalities; and
VVHEREAS, the Florida Keys Transportation Coordination Committee is charged with
developing recommendations for potential solutions to the traffic issues that exist throughout the Florida
Keys; and
wHEI EAS,the Florida Keys Transportation Coordination Coma i ttee supports FD T projects
that im prove traffic flow in con gested areas and s upports FIS T's fo u s on merge a nd dece Ieration lames,
left torn lanes, and right turn only lane projects at certain locations where these can be of most use; and
WHE AS,on March 18,2020,the Monroe County Board of Count} Commissioners approved
the completion a Transportation Master Plan to provide recommendations for U.S. 1 improvements to
remedy Level of Service issues and to improve traffic flow within Monroe County and multimodal
(ntS; and
WHEREAS,, the development of the U.S. I Transportation Master Plan Includes reviewing
relevant existing data, such as traffic trafflic volumes,crash data,transit information; ineet with stakeholders to
get input on transportation issues and improvement opportunities; public input from numerous sources
and public meetings; analyzing these factors to identify potential issues and develop potential high-level
solutions, including roadway and multi-modal solutions to address the needs of pedestrians, bicyclists,
public transit, and vehicular traffic; and
wHE EA ,the U.S. 1 Transportation Master Plan is anticipated to be completed and presented
to the Monroe County Board of County Commissioners and the public in October 2021 to review the
findings of the study and recommended potential project t list; and
WHEREAS, it is anticipated the U.S. l Transportation Master Plan recommended potential
project list will be further presented and reviewed by the Monroe County Board of County
��`+�LFilili i+iL.c�L'. ner to valuate the opportunities, constraints and to prioritize the projects into timeframe s
4'
of near-tern 0 1- 0 , mid-term 0 - 030 # long-term 031- 040 , and visionary (2041 and
beyond); and
WHEREAS, coordinated and comprehensive solutions are necessary for the traffic flow,
congestion, safety and other transportation issues that affect the Florida Keys; and
WHEREAS, the FD T is tasked with providing a safe statewide transportation system that
ensures the mobility of people and goods, enhances economic prosperity, and preserves the quality of
our environment and communities, and
Resolution ution No. 2- 2021 Page 2 of 4
HEI E , Monroe e County requests FD T's partnership to address and solve transportation
i sues affecting the Florida Key and recognizing the importance of and support for maintaining a sat.,
resit lent and efficient access and travel along U.S.S. 1;
NOW 'THEREFORE, BE IT RESOLVED oL' E BY THE BOARD of COUNTY
COMMISSIONERSof MONROE COUNTY, FLORIDA:
Section 1. The Florida Department of Transportation is respectfully requested to support traffic flow
improvement projects that would alleviate congestion on U.S. 1. and assist in improving
the level of sere ice on U.S. l. and to al locate fund ing with its the fire-year work program
to implement these projects.
Section 2. The Board of County Commissioners does hereby support and requests the Florida
Department of Transportation replace mile marker signs along U.S.S. l and install half mite
marker signs(for example MM . to facilitate traffic flow by residents and visitors.
Section J. The Board of County Commissioners does hereby support further reviewing the
recommended potential project list from the U.S. 1 Transportation master Plan, as well
as recommendations from the Florida Keys Transportation Coordination Committee to
improve traffic flow improvement projects in areas of marginally adequate or operating
below the adopted LOS standard of"C" as identified in the most recent U.S. 1 Arterial
Travel Time and Delay Study, for potential submission to the Florida Department of
- -
-- . Transportation.
Section 4. The Board of County Commissioners respectfully requests that the Florida Department
of Transportation dedicate staff to coordinate with the County and its five municipalities
to review recommended projects with the local jurisdiction support and assist its
evaluating project opportunities and constraints, and recommending prioritization of
projects, implementation steps and timelines such as planning, feasibility and warrant
studies) and breakdown of costs.
Section 5. The Board of County Commissioners authorizes staff to work with the municipalities and
the Florida Department of Transportation to support this endeavor, particularly in
identifying projects that can be funded and implemented within the next Fire-Fear Work
Program.
Rema fn der of th I's p age 1"Hienti n ally blare k
Resolution No.2 -2021 Page 3 of 4
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida,
at a regular meeting held on the 1 th day of e terms ber
Mayor Michelle Coldiron Yes
Mayor Pro Tem David Rice Yes
Commissioner Craig Cates Aes
Commissioner Eddie Martinez Yes_
Commissioner tried. --- Vacant
BOARD OF COUNTY COMMISSIONERS
F MONROE COLS
0
IIIAYOR MICHELLE COI DIRON
(SEAL)
ATTEST: KEVIN MADOK, CLERK
Approved for form and legal sufficiency:
Di gi tally sig ned by 1D6ert 8,5hil linger
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I � Shi 1�1�1 �' ��TMonroe county A#tOrngyr_era II=s1,ill inger-
A—,n� DEPUT L�ERbohDmcrnfoecovr ty-l`1.9oV,C-u s
Oate:2021 A8-31 13700:83-4'QQ'
Monroe Counter Attorney
-,
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'1
Resolution No.2 9 -2021 Page 4 of 4
���% ��;,��,ti�' BOARD OF COUNTY COMMISSIONERS
Countyof �� „�,�,.,,,,t.,,�, � .
�'�'`` Mayor Heather Carruthers District 3
• ` %���t�„ �� � r � Mayor Pro Tem Michelle Coldiron District 2
The Florida Keys �f l�°�° "�°��� � Craig Cates District 1
David Rice District 4
Sylvia J.Murphy,District 5
County Co ssion Meeting
June 17, 2020
Agenda Item Number: H.5
Agenda Item Summary #6729
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Cynthia Guerra(305) 289-2588
NO
AGENDA ITEM WORDING: Presentation of update on DEO Community Planning Technical
Assistance Grant #P03 63 to improve Monroe County's stormwater management guidance and
regulations.
ITEM BACKGROUND: In October 2019, Monroe County received a Community Planning
Technical Assistance grant from the Department of Economic Opportunity. The grant requires the
County to update the Land Development Code for the management of stormwater and update two
supporting guidance documents to be used by both County regulators and design professionals
working within the County. The update will consider factors such as improving nutrient reduction in
stormwater discharges and the effects of sea level rise. Updating the County's codes and guidance
materials will focus on options to eliminate or reduce off-property discharges to decrease discharge
to nearshore waters.
The County has demonstrated its commitment to improving water quality through administrative and
regulatory policies. The Coastal Management Element of the Comprehensive Plan states that we
shall develop a comprehensive development plan that establishes specific goals for safe management
and disposal of stormwater and conservation of our water resources. The county adopted
Stormwater Management Ordinance Section 114-3 of the Land Development Code, which
establishes guidelines for the safe management and disposal of stormwater from developed areas.
This project includes the preparation of recommendations for Code amendments to Monroe County
Code Sections 114-2(a)(5) and 114-3 to reflect the identified best practices in floodplain
management ensuring consistency and streamlining the process.
Monroe County developed a "Manual of Stormwater Management Practices" in 1994 to accompany
the Monroe County Stormwater Management Ordinance. The Manual provided Best Management
Practices (BMP's) that were appropriate for the time. The manual has not been updated since 1994
and no longer reflects advancements in stormwater management practices and standards. In
conjunction with the Manual, Monroe County developed a "Layman's Brochure" that provided
guidelines for incorporation of BMP's in the preparation of site plans for single family and duplex
lots. The work provided for through this grant has resulted in updates to the Manual and Brochure
and revisions for changes to Section 114-2(a)(5) and 114-3 of the Land Development Code.
The drafted documents have been developed by the County's consultant, Jones Edmunds and
Associates, under the direction and guidance of Mike Roberts, Assistant Director Environmental
Resources. To arrive at the recommended revisions, the consultant was required to prepare an
analysis of existing principles and guidelines from various sources such as the South Florida Water
Management District's Environmental Resource Permit Applicant's Handbook as well as stormwater
manuals for other jurisdictions in the state with similar stormwater challenges and conditions.
Further, the County and the consultant co-hosted two stakeholder engagement forum webinars to
solicit the feedback from stormwater design professionals and County stormwater inspection and
permit review staff. The forums were intended to gather information on building improved and
more resilient stormwater management systems and to solicit ideas on BMP's for implementation.
Information obtained through the analysis of existing principles and the forums were used to inform
the draft revised Manual, Brochure and changes to Monroe County Code Sections 114-2(a)(5) and
114-3.
The grant requires a public meeting to communicate the proposed code amendments and the revised
Manual and Brochure. This meeting is required by the grant and provides an opportunity for the
Board of County Commissioners and interested members of the public to review and provide
feedback and direction on the draft documents and proposed Code revisions.
The proposed Code revisions include references to the updated Manual and Layman's Brochure as
appropriate. The code revisions also require that stormwater discharges meet net improvement
criteria consistent with state standards or reduce the post-development annual average stormwater
total nitrogen and phosphorous load by 95%. Compliance is attained when projects are designed,
constructed, operated, and maintained in accordance with the BMPs requirements found in the
manual of stormwater management practices. The proposed code revisions further eliminate the use
of dry detention and wet retention as best management practices, as these options have been shown
to not achieve the required net improvement in water quality.
Section 114-3(h)(6) requires BOCC approval of the Manual, so the revised Manual and Brochure are
included with this agenda item.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Staff requests feedback regarding the proposed updates of the
Manual of Stormwater Management Practices, the Layman's Brochure and revised language in
Monroe County Code Sections 114-2(a)(5) and 114-3.
DOCUMENTATION:
MCC Sec. 114-2 114-3 Final Draft
SW-Manual Monroe Final Draft
Monroe—County Laymans_Final Draft
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant: DEO CPTA Grant P0363, $40,000
County Match: $0
Insurance Required: n/a
Additional Details:
NA- The work is being funded through DEO CPTA Grant#P03 63
REVIEWED BY:
Michael Roberts Completed 03/24/2020 9:11 AM
Emily Schemper Completed 05/27/2020 5:57 PM
Steve Williams Completed 05/28/2020 2:38 PM
Assistant County Administrator Christine Hurley Completed
05/29/2020 9:32 AM
Purchasing Completed 05/29/2020 9:49 AM
Budget and Finance Completed 05/29/2020 11:40 AM
Maria Slavik Completed 05/29/2020 11:41 AM
Kathy Peters Completed 06/01/2020 8:52 AM
Board of County Commissioners Pending 06/17/2020 9:00 AM
r� ��'�; ���,��' � BOARD OF COUNTY COMMISSIONERS
Countyof �s,��f��.,,.,�
,,
"✓J' '4f' M1 Mayor Michelle Coldiron District 2
The Flofida Keys '�%% �;� �� ' '''������ Mayor Pro Tem David Rice District 4
,��J ,,�„�` �4 � �,
w ,
Craig Cates,District 1
� Eddie Martinez District 3
Mike Forster,District 5
County Co ssion Meeting
September 15, 2021
Agenda Item Number: R.3
Agenda Item Summary #86 10
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Michael Roberts (305) 289-2502
1:30 public hearing
AGENDA ITEM WORDING: A Public Hearing to Consider Adoption of an Ordinance by the
Monroe County Board of County Commissioners Amending Monroe County Land Development
Code ("LDC") Chapter 114, Article I, Section 114-2 ("Level of Service Standards") to Update
Stormwater Quality Performance Standards; LDC Section 114-3 ("Surface Water Management
Criteria") to Require Net Improvement in Stormwater Quality While Providing Flexibility in
Achieving Stormwater Quality Standards and Providing Updates to the Stormwater Manual and
Layman's Brochure to Incorporate New Approaches for Managing Stormwater; LDC Section 114-
13 ("Fences") to Complement the Clarity of Existing/Pre-Existing Legislative and Regulatory Intent
and Providing Criteria for Retaining Walls; Chapter 114, Article IV ("Landscaping") to Complement
the Clarity of Existing/Pre-Existing Legislative and Regulatory Intent and Providing for Updated
Species Lists; LDC Section 114-163 ("Waterfront Lighting") to Complement the Clarity of
Existing/Pre-Existing Legislative and Regulatory Intent; and LDC Section 114-164
("Nonconforming Lighting") Complement the Clarity of Existing/Pre-Existing Legislative and
Regulatory Intent.
ITEM BACKGROUND:
In October 2019, Monroe County received a Community Planning Technical Assistance grant from
the Department of Economic Opportunity ("DEO"). The grant required Monroe County to update
the Monroe County Land Development Code ("LDC" or"Code") for the management of stormwater
and to update two supporting guidance documents to be used by both County regulators and design
professionals working within the County.
Focusing on options to eliminate or reduce off-property discharges to decrease discharge(s) to
nearshore waters is a principal purpose of updating Monroe County's Code(s). In 1994, Monroe
County developed a Manual of Stormwater Management Practices ("Manual") to accompany
Monroe County's stormwater management ordinance. The Manual provided Best Management
Practices ("BMPs") that were appropriate for the time. The Manual had not been updated since
1994 and no longer reflected considerable advancements in stormwater management BMPs and
standards. In conjunction with the Manual, Monroe County developed a Layman's Brochure
("Brochure") that provided guidelines for incorporation of BMPs in the preparation of site plans for
single-family and duplex lots.
The work provided for through the above-referenced grant included updates to the Manual and
Brochure and for revisions for changes to LDC Sections 114-2(a)(5) and 114-3 in accordance with
Monroe County Comprehensive Plan ("Comprehensive Plan" or"CP") Policy 1001.1.3.
Policy 1001.1.3
Monroe County shall maintain, implement, review and update, as necessary, the County's
stormwater management regulations and Stormwater Master Plan. All improvements for
replacement, expansion or increase in capacity of drainage facilities shall conform to the
adopted level of service criteria pursuant to Policy 1001.1.1.
The updated Manual and Brochure were presented to the Monroe County Board of County
Commissioners ("BOCC", "Monroe County", or "County") at the BOCC's duly noticed, regularly
scheduled June 17, 2020, public meeting, along with the proposed amendment(s) to the Land
Development Code. The amendment(s) currently proposed shall implement these updated
documents by reference through the LDC.
In addition to the changes regarding stormwater, the Monroe County Planning and Environmental
Resources Department ("Department") professional staff are proposing additional amendment(s) to
LDC Chapter 114 complement the existing/pre-existing clarity of Code text in several areas,
including but not limited to fences, landscaping, adding criteria for retaining walls, etc.
Community Meeting and Public Participation/Input
In accordance with LDC Section 102-159(b)(3), a virtual community meeting was held on
September 23, 2020, to receive public input. There were 24 attendees, inclusive of nine members of
the Department's professional staff. Based upon public input received at and subsequent to that first
community meeting, a second community meeting was held on November 4, 2020. Attendance at
this meeting consisted of 12 members of the public and eight members of the Department's
professional staff.
Development Review Committee and Public Participation/Input
On March 23, 2021, the Monroe County Development Review Committee ("DRU) conducted a
virtual public meeting to review and receive public input.
Planning Commission
The Monroe County Planning Commission ("Planning Commission" or "PC") considered the
proposed amendment(s) at a duly noticed regularly scheduled public meeting held on April 28,
2021. The Planning Commission requested certain revisions to the proposed amendment(s) and
tabled the item to a future meeting; those recommendations included the following:
1. Revise language in LDC Section 114-2(5) to reference the new Florida Statute
regarding storm-water level of service ("LOS'q.
State water quality criteria is codified at 62-302.500 Florida Administrative Code. The
Department's professional staff have provided this reference in the Code language.
2. LDC Section 114-13 in re:fence height ought to be left at highest grade, and also
develop additional language to address conflicts with other required fencing and
more extreme issues.
The Planning and Environmental Resources Department's professional staff have removed
the reference to lowest existing grade; however, the Department's professional staff have
not found any conflicts or other extreme issues within LDC Chapter 114-13.
3. LDC Section 114-100(a)(13), remove the prohibition on turf in required landscape
areas.
LDC Section 114-100(a)(13) has been deleted as requested.
4. LDC Section 114-106,provide additional landscaping incentives.
The Department's professional staff have added the following recommendation for
additional water conservation incentives:
In addition to the Low Impact Development ("LID') strategies outlined in LDC Section
114-100, the addition of managed cisterns or rain barrels may be incorporated into the
site stormwater management facilities. A site's storm water retention requirements may
be reduced by the capacity volume of plumbed and managed systems that provide
irrigation and/or other non potable applications.
The Planning Commission considered the proposed amendments as revised above at a duly noticed
public meeting held on July 20, 2021, and recommended approval to the Monroe County BOCC.
PREVIOUS RELEVANT BOCC ACTION:
September 2, 2015: The Monroe County BOCC held public hearings to review and discuss proposed
amendments to the Monroe County Land Development Code to be consistent with the transmitted
Monroe County Year 2030 Comprehensive Plan, the results of the Comprehensive Plan Technical
Document Update, the adopted 2012 Evaluation and Appraisal Report ("EAR"), and the 2014
Evaluation and Appraisal Notification Letter. Chapters reviewed at the September public hearing
included, inter alia, Chapter 114 ("Development Standards") and Chapter 118 ("Environmental
Protection").
March 1, 2016: At a special public meeting, the Monroe County BOCC held the first of two public
hearings to consider adoption of the Monroe County 2030 Comprehensive Plan and the proposed
amendments to the Monroe County Land Development Code to be consistent with the Monroe
County Year 2030 Comprehensive Plan.
April 13, 2016: At a special public meeting, the Monroe County BOCC adopted Ordinance No. 006-
2016, amending the Monroe County Land Development Code to be consistent with the transmitted
Monroe County Year 2030 Comprehensive Plan, the results of the Comprehensive Plan Technical
Document Update, the adopted 2012 EAR, and the 2014 Evaluation and Appraisal Notification
Letter.
June 17, 2020: At a duly advertised regularly scheduled public meeting, the BOCC was presented
with updates to the Manual of Stormwater Management Practices and Layman's Brochure as well
as the recommended revisions to the Monroe County Land Development Code as related to
stormwater.
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Ordinance
2019-183 Staff Report- Chapter 114 amendments
Manual of Stormwater Management Practices - March 2020
Layman's Brochure - March 2020
FINANCIAL IMPACT:
Effective Date: NA
Expiration Date: NA
Total Dollar Value of Contract: NA
Total Cost to County: NA
Current Year Portion: NA
Budgeted: NA
Source of Funds: NA
CPI: NA
Indirect Costs: NA
Estimated Ongoing Costs Not Included in above dollar amounts: NA
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
NA
REVIEWED BY:
Emily Schemper Completed 08/31/2021 3:49 AM
Peter Morris Completed 08/31/2021 4:48 PM
Purchasing Completed 08/31/2021 4:52 PM
Budget and Finance Completed 08/31/2021 4:53 PM
Maria Slavik Completed 08/31/2021 5:52 PM
Liz Yongue Completed 08/31/2021 6:08 PM
Board of County Commissioners Pending 09/15/2021 9:00 AM
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II� Y
MANUAL OF STORMWATER, MANAGEMENT
PRACTICES
To Be Used In Comunction With 'The Monroe
County Land Development Code
pp
i 9 III
lu
I
March 2020
UPDATED MANUAL OF STORMWATER MANAGEMENT PRACTICES
Original Manual published by Monroe County in 1995 — Updates performed
by .zones Edmunds & Associates, Inc.
Prepared for:
Monroe County Department of Planning & Environmental Resources
102050 Overseas Highway
Key Largo, Florida 33037
Prepared by:
Jones Edmunds &Associates, Inc.
2240 Palm Beach Lakes Blvd Suite 300
West Palm Beach, Florida 33409
Jones Edmunds Project No.: 13015-001-01
March 2020
1 :1
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I INTRODUCTION ............................................................................................ 1-1
2 APPLICABILITY............................................................................................. 2-1
3 CONTENTS OF A STORMWATER MANAGEMENT PLAN..................................... 3-1
4 METHODS OF STORMWATER TREATMENT...................................................... 4-1
4.1 Wet Detention ............................................................................................4-2
4.1.1 Definition.............................................................................................4-2
4.1.2 Requirements as Expressed in this Manual ...............................................4-2
4.1.3 Method of Achievement .........................................................................4-3
4.2 Retention...................................................................................................4-3
4.2.1 Definition.............................................................................................4-3
4.2.2 Requirements as Expressed in this Manual ...............................................4-3
4.2.3 Method of Achievement .........................................................................4-3
4.3 Low Impact Development or Design ..............................................................4-4
4.3.1 Definition.............................................................................................4-4
4.3.2 Requirements as Expressed in this Ordinance...........................................4-4
4.3.3 Method of Achievement .........................................................................4-5
5 CONTROL STRUCTURES................................................................................. 5-1
5.1 Definition...................................................................................................5-1
5.2 Purpose.....................................................................................................5-1
5.3 Types of Control Structures..........................................................................5-1
6 CRITERIA FOR SINGLE-FAMILY/DUPLEX LOTS ............................................. 6-1
11111111111111111111111111 0 1 'S
G U
Figure 1 Schematics of Four Basic Detention/Retention Stormwater Runoff
Management Systems..........................................................................4-2
Figure 2 Spreader Swale (Indirect Discharge) .....................................................5-2
Figure 3A Orifice Weirs.....................................................................................Al-1
Figure 3B V-Notched Weir.................................................................................A1-2
Figure 3C Rectangular Weir...............................................................................A1-3
Figure 4A Pollution -Retardant Catch Basin .........................................................A2-2
Figure 4B Pollution- Retardant Catch Basin with Removable Down-turned Pipe........A2-3
Figure 4C Pollution -Retardant Catch Basin with Removable Downturned Pipe .........A2-4
Figure 5 Typical Exfiltration Trench ..................................................................A4-2
13015-001-01 i
March 2020 Table of Contents
Table 1 Required Retention Depths for Stormwater Treatment .............................4-4
Table 2 Required Retention Depth for Single Family/Duplex Lots ..........................6-2
IIII
Appendix 1 Control Structures
Appendix 2 Catch Basins and Pollutant Retardant Structures
Appendix 3 Wet-Detention Facilities
Appendix 4 Dry-Retention Facilities
Appendix 5 Stormwater Management Plan Checklist
Appendix 6 Sample Calculations for Single Family/Duplex Lots
Appendix 7 Bibliography
13015-001-01 ii
March 2020 Table of Contents
ulll ��l
IIII@ IIIIIIIII1�114
III IIIII IIII
o��
Monroe County has a unique, water-oriented environment and because of the importance of
its aquatic environment, both aesthetic and economic, a Stormwater Management
Ordinance (hereinafter referred to as the "Ordinance") has been adopted to help protect
these resources from the harmful effects of stormwater runoff.
Stormwater is the water that results from a rain event. Runoff is defined as the portion of
stormwater that does not percolate into the ground, evaporate, and is not intercepted
before reaching a stormwater management system. Stormwater runoff from undeveloped
lands usually does not present a management problem since it is relatively clean, and the
volume usually is minimal. When natural land is converted to some other land uses,
stormwater becomes a problem and should be managed. Soil is often paved over and
impervious surfaces are created. When impervious surfaces are created, stormwater is no
longer able to percolate into the ground and accumulates on the surface causing flooding in
some areas. These impervious areas also allow for pollution accumulation, degrading the
quality of stormwater runoff and rendering it a pollution source. For these two reasons,
flooding (water quantity) and pollution (water quality), stormwater management practices
are implemented in developed areas.
Stormwater runoff quality varies with land use. A multitude of pollutants exist in stormwater
runoff as well as the sources for these pollutants. These pollutants can consist of nutrients,
solid waste, litter, lead, petroleum products (from automobiles), chemicals, fertilizers, and
herbicides applied to lawns, and atmospheric deposition. Higher nutrient loads are
generated by residential and industrial land uses and commercial, mixed urban, and
roadways generate higher concentrations of metal contamination. Heavy metals are of
concern because several are known to be toxic to many aquatic plant and animal species.
Motor vehicles and road surfaces are the main sources of heavy metals in stormwater
runoff. Nutrients and pesticides from lawn fertilizers and atmospheric deposition can cause
algal blooms and similar occurrences if untreated runoff is allowed to enter surface waters.
During a rainfall event, stormwater runoff flows over these surfaces, picking up pollutants,
and carrying them to surface waters.
Stormwater not only causes adverse environmental impacts, but economic impacts as well.
An increase in the number of impervious surfaces increases the potential for flooding and
property damage. Stormwater can also lead to reduced fisheries production because of the
degradation of water quality. For these reasons, stormwater management practices have
been implemented throughout Florida and the United States. This manual is designed as a
guide to Best Management Practices (BMP's) for stormwater management in Monroe
County.
A stormwater management practice is one that shapes and improves the quality and
quantity of stormwater runoff being discharged to receiving waters. BMPs for stormwater
are those that meet discharge quantity and quality criteria at a minimal cost (Wanielista and
Yousef, 1985).
Section 114-3 of the Monroe County Code addresses the issue of flood protection and water
quantity management. Although this stormwater management ordinance does have general
13015-001-01 1-1
March 2020 Introduction
criteria for water quantity and flood protection, the purpose is to control stormwater-
generated pollution and is water quality based.
The practices and procedures described in this manual are those in common usage
throughout Florida and also apply to Monroe County. The bibliography at the end of this
manual lists some of the relevant sources of additional information on this subject. This
manual will be used to review and approve stormwater management systems permitted by
the County and will be modified as appropriate technology dictates.
13015-001-01 1-2
March 2020 Introduction
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This manual is to accompany the Monroe County Stormwater Management Ordinance. This
Ordinance was incorporated into the Monroe County Land Development Code by
amendment to the Comprehensive Plan. A Stormwater Management Plan will be required as
part of all building permit applications (except those projects exempted pursuant to Section
114-3(c) of the Land Development Code). The definitions used in this manual are consistent
with those in the Land Development Code and the Monroe County Stormwater Management
Ordinance.
13015-001-01 2-1
March 2020 Applicability
01��F
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A stormwater management plan is required pursuant to Section 114-3 (g) of the Land
Development Code for those projects not exempted pursuant to Section 114-3 (c). A Plan is
to be submitted as part of the Monroe County building permit application. The Plan will
indicate how project design will incorporate the required stormwater treatment criteria. The
following is an outline of those elements that may be required as part of a stormwater
management plan. Appendix 5 contains a check-list of these elements. This will allow
County staff to determine which of the elements a specific plan should or should not require
for each site. Some of these elements are required for other parts of a County building
permit, but also need to be considered as part of the Stormwater Management Plan. In
these instances, specific criteria are the same as those already required by the County and
are not discussed further in this Manual.
1. Site Information:
a. Detailed location sketch.
b. Description of vegetative cover, including wetlands.
c. Location and size of preservation or mitigation areas.
d. Paving, grading, and drainage plan.
e. Vegetation protection plan.
f. Soils map and percolation test results.
g. Wet-season water table elevation.
h. Future wet-season water table elevation (30-year).
i. Description of measures to be used during construction to eliminate adverse off-site
impacts, such as increased turbidity or siltation, if applicable.
j. Recent aerial photograph.
k. Map of drainage basin boundaries.
I. Map of floodplain and elevations.
2. Master Stormwater Management Plan:
a. Location of all existing and proposed on-site water bodies, including wetlands.
b. Location of all off-site wetlands, water courses, and waterbodies affected by on-site
drainage patterns.
c. Location and detail of all major control structures and elevations. Preliminary
construction plans may be submitted for conceptual approval.
d. Right-of-way and easement locations for stormwater management systems including
all areas reserved for stormwater management purposes.
e. Location and size of on-site stormwater management facilities.
f. Square footages, acreages, and percentage of property proposed as:
(1) Impervious surface (excluding waterbodies).
(2) Impervious surface (waterbodies).
(3) Pervious surface.
(4) Total square footage or acreage of the project site.
g. Proposed grading plan.
13015-001-01 3-1
March 2020 Contents of a Stormwater Management Plan
h. Treatment volumes and discharge rates (if applicable) for stormwater runoff.
3. Legal and Institutional Information:
a. Entity responsible for operation and maintenance of surface water management
system.
b. If the operational and maintenance entity is to be a public body, a letter from the
public body confirming this must be submitted before staff approval. If the entity is a
homeowners' association, documents verifying the existence of such organization
and its ability to accept operation and maintenance responsibility must be submitted
before staff approval.
13015-001-01 3-2
March 2020 Contents of a Stormwater Management Plan
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Stormwater treatment facilities are designed to treat stormwater runoff to a level that
results in the pollutant loads discharged after development either being less than the
pollutant loads discharged before development (a net improvement) or that results in
pollutant loads being reduced by 95 percent. The volume to be treated depends on the type
of stormwater management facility(ies) used and the land use of the property. The two
most commonly used methods of stormwater treatment are wet detention and dry
retention. A detention facility collects and temporarily stores a treatment volume to provide
for treatment through physical, chemical, or biological processes with subsequent gradual
release of the stormwater to a surface water system. A retention facility is designed to
prevent the discharge of a given volume; however, it is slowly released from the facility. A
retention or detention facility built above the groundwater table is "dry." A facility with the
bottom below the control elevation is "wet." Figure 1 conceptually illustrates the differences
between each. The wet-season water table plays an important part in the functioning of
retention systems. To ensure that stormwater practices continue to function, a stormwater
design will need to include a determination of the wet-season water table and an estimate
of the future wet-season water table. The future wet-season water table will be assumed to
be increased by the difference in sea level in the year that the wet-season water table
determination was made and the projected sea level 30 years after the permitting. The
estimated sea level rise projections adopted the Southeast Florida Climate Change Compact
must be used for this determination.
A newer approach to stormwater management is called Low Impact Development or Design
(LID). This approach seeks to replicate a more natural hydrologic function on the landscape
and uses a combination of stormwater management practices to meet the objective stated
above. Some of these practices include pervious pavement, vegetated swales, vegetated
filter strips, bioretention systems, cisterns, and green roofs.
Very often a stormwater management system incorporates a combination of treatment
methods. It is unfeasible to describe all the possible combinations in this manual. The
criteria for each individual type of treatment is detailed. The intent is to ensure that the
proper volume of runoff is treated in an appropriate manner for the land use. References to
guidelines for LID approaches to stormwater management are also provided.
Appendices 3 through 6 provide the design criteria for each form of management.
13015-001-01 4-1
March 2020 Methods of Stormwater Treatment
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Wet detention is the collection and temporary storage of stormwater runoff—before
controlled discharge into receiving waters—in a permanently wet impoundment in such a
manner as to provide for treatment through physical, chemical, and biological processes
with subsequent gradual release of the stormwater. A wet detention facility is a basin or
pond with a bottom elevation below the wet-season water table or control elevation.
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Stormwater designs must demonstrate a net improvement in nutrient loads or a 95 percent
reduction in pollutant loads. This can be demonstrated through methods that are accepted
by the South Florida Water Management District (SFWMD). An example of one of these
methods is using BMP Trains, which is freely available from the University of Central Florida
Stormwater Management Academy ( )
As an alternative to demonstrating net improvement or 95-percent reduction, wet detention
with pretreatment that meets the following criteria can be used as a stormwater practice
and will be presumed to meet the County stormwater treatment objectives:
Provide a treatment volume sized to the first 1 inch of runoff from the site or the total of
2.5 inches times the percent of impervious area, whichever is greater.
One-half inch of the detained volume must be released through a control structure
within 24 hours.
Wet detention cannot be used as the s— form of stormwater treatment. Projects using
wet detention must provide at least 2.5 inch of runoff pre-treatment in dry retention
before discharging into a wet detention facility.
13015-001-01 4-2
March 2020 Methods of Stormwater Treatment
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Man-made lakes or ponds on the site are generally used for wet detention. These lakes or
ponds must meet the design criteria in Appendix 3 of this manual. The retention volume can
be achieved using the guidelines in Section 4.2 and Section 4.3 of this manual.
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Dry retention is a stormwater system designed to prevent the discharge of a given volume
of stormwater runoff into surface waters by complete on-site storage of that volume. A dry-
retention facility has a bottom elevation at least 1 foot above the future condition wet-
season water table and is usually dry. Stormwater is released only during times of heavy
rainfall or flooding.
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Stormwater designs must demonstrate a net improvement or a 95 percent reduction in
pollutant loads in nutrient loads. This can be demonstrated through methods that are
accepted by the SFWMD. An example of one of these methods is using the BMP Trains,
which is freely available from the University of Central Florida Stormwater Management
Academy
As an alternative to demonstrating net improvement or 95-percent nutrient load reduction,
dry-retention systems that retain the retention depth listed in Table 1 multiplied by the total
project area will be presumed to meet the County stormwater treatment objectives.
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Examples of dry-retention facilities include infiltration systems (vegetated swales,
bioretention systems), and seepage systems (exfiltration trenches, pervious pavement,
exfiltration vaults). Of these two, infiltration systems provide better pollution attenuation.
The vegetation takes up a percentage of the nutrients commonly found in stormwater
runoff. Most heavy metals bind with the soils above the water table, and the potential for
them entering the groundwater is reduced.
Seepage systems consist of an underground facility which that relies on a mostly outward
dispersion of stormwater from the facility to the groundwater. These structures are
constructed a minimum of 1 foot above the future wet-season water table. These systems
are most suitable for areas where the aquifer has a high transmissivity, such as Monroe
County. However, they do not provide the nutrient uptake that is offered with vegetated
infiltration systems.
Infiltration systems and seepage systems need a highly permeable substratum to allow the
stormwater runoff to percolate into the ground. Seepage systems do not require as much
land area as infiltration systems, since they can be installed underground. However, the
future wet- season water table at the project site must be at least 1 foot below the seepage
structure.
13015-001-01 4-3
March 2020 Methods of Stormwater Treatment
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Percent Impervious Required Retention Depth
p (Inches)
20 1.40
25 1.47
30 1.59
35 1.71
40 1.88
45 2.02
50 2.17
55 2.33
60 2.49
65 2.65
70 2.81
75 2.99
80 3.16
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LID is an approach to stormwater and land use management that aims to replicate a more
natural hydrologic function by promoting infiltration, filtration, storage, and evaporation or
stormwater runoff. This approach should focus on conservation, use of on-site natural
features, site planning, and distributed stormwater management practices that are
integrated into a project's design, especially its landscaping and open space. Stormwater
management through LID often includes a treatment train consisting of several different
stormwater management practices that combine to meet the stormwater quality objectives
for the site. Examples of practices that are often included in LID are:
Minimizing clearing, grading, soil disturbance, and compaction on a site.
Minimizing impervious area on site.
Pervious pavement.
Shallow bioretention systems.
Vegetated or grassed swales.
Vegetated filter strips.
Minimizing directly connected impervious area.
Cisterns.
Stormwater harvesting.
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Using a LID approach for stormwater management is encouraged in Monroe County.
However, stormwater designs must demonstrate a net improvement or 95-percent
reduction in pollutant loads. This can be demonstrated through methods that are accepted
13015-001-01 4-4
March 2020 Methods of Stormwater Treatment
by SFVVMO An example of one of these methods is using BMP Trains, which is freely
available from the University ofCentral Florida Stomnvvaber Management Academy
4~3~�3 M E ri 10D OF Aci r 1.EV M N r
A LID approach to stormwater management starts during the planning and site evaluation
and continues through the selection and design of the most appropriatestorrnvvater
treatment practices for the site. The goal ofstorrnvvater management should be to retain,
detain', recharge, filter., and use as much stornnvvoteras possible on a site. A variety of LID
design manuals |n Florida describe this approach tostorrnvvater management. These include
but are not limited to the following:
� Low-Impact Development and Green Infrastructure: Pollution Reduction Guidance for
Water Quality in Southeast Florida
� Sarasota County Low-Impact Development Guidance Document
� Duval County Low-Impact Development StorrnvvaterManual
� Pinellas County StorrnvvoterManual
The manuals listed above provide design guidelines for a variety of LID stormwater
practices,, which include:
� Grassed conveyanoesvva|es.
� Shallow b|oretent|on.
� Pervious pavement.
� Storrnvvaterharvest|ng.
� Green roofs.
� Rainwater harvesting (cisterns).
� Detention with b|of||trat|on.
Monroe County will generally accept the LID practices and design consideration described in
the LID manuals referenced above, although it should be noted that the performance curves
and tables provided in these manuals do not necessarily apply to Monroe County"s
hydrologic conditions. Pollutant load reductions will need tobedetermined by the
appropriate Florida-registered and -licensed professional.
13015 oo1 o1 4 s
March 2020 Methods or stormwaterTnaatment
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A control structure is a device through or over which water is discharged from a stormwater
management system. Direct discharge occurs when stormwater is released through a
control structure to the receiving water body. If the discharge from the stormwater
management system is by a means other than a control structure (e.g., sheet flow or
spreader swale), it is considered indirect discharge.
IIIIII I 0000n
The primary purpose of a control structure in a detention facility is to release the calculated
runoff volume slowly over a specified period. In a retention facility the control structure
allows for volumes in excess of the calculated retention volume to leave the system in a
manner that provides for adequate downstream flood protection.
5111111113 r oo.o moon COIN'I IROI�uuuun III I 0000n
Direct discharge from a water management facility to the receiving body is usually achieved
through control structures such as weirs and orifices. The following criteria must be met for
all methods of direct discharge:
1. Trash-collecting gratings must be on the intake of all structures that discharge to surface
waters.
2. Detention facilities must be discharged from the mid-depth of the water column.
3. If the property is greater than 50-percent impervious or contains a system with inlets in
paved areas, discharge structures must include a baffle, skimmer, or other suitable
mechanism for preventing oil and grease from being discharged. (Appendix 2 describes
these mechanisms, which are part of a catch basin).
4. Direct discharge will only be allowed to those areas that by virtue of their large capacity
or configuration are able to absorb concentrated discharges.
When using indirect discharge to release stormwater, a spreader swale is commonly used.
The swale is positioned parallel to the receiving body, and the side adjacent to the receiving
body is lower than the side opposite the receiving body. Figure 2 illustrates this form of
discharge. The swale allows the water to flow into the receiving body but not flood the
adjoining property. This method works well when trying to maintain a proper water level in
wetlands that are used for stormwater management. The spreader swale is also a treatment
facility for stormwater runoff. Runoff in excess of the first flush is allowed to enter the
wetland system via sheet flow.
13015-001-01 5-1
March 2020 Control Structures
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March 2020 Control Structures
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Single family and duplex homes may be exempted from filing a Stormwater Management
Plan pursuant to Section 14-3(d), provided guidelines established in the "Layman's
Brochure" are used to treat stormwater. The Layman's Brochure and the following design
criteria generally use vegetated swales. However, other retention practices may be used.
The retention volume specified in these design criteria will provide adequate stormwater
treatment on a single-family/duplex lot to meet the criteria of Section 114-3 (f) (2).
However, calculations demonstrating a net improvement or 95 percent reduction in nutrient
loads may be submitted as an alternative to using the retention volume specified in these
design criteria. These stormwater calculations must be completed by an appropriate Florida-
registered and -licensed professional.
The retention volume depends on the lot size and the stormwater management system
used. Stormwater treatment can also be provided through the use of other retention
systems such as pervious pavement, exfiltration trenches, or shallow stormwater vault
systems.
Required retention depths for single-family/duplex lost are provided in Table 2.
If swale(s) are used, they must meet the following criteria:
Runoff from site must be drained to swale.
Swale length must be greater than its width.
Swale side slope must be 4:1 or shallower (horizontal to vertical).
Swale must be placed so that any natural areas to be preserved are not disturbed.
Swale must be at least 6 inches deep.
Swales should be vegetated. If a swale is not vegetated, then a 6-inch layer of soil
amendment formulated to reduce nutrient loading must be installed directly below the
swale. Specifications and published nutrient reduction test results for the media must be
provided at the time of testing. Examples of acceptable media are NutriGoneTM
(distributed by EcoSense International) and Bold and Gold° (distributed by
Environmental Conservation Solutions)
Retention systems must discharge off-site to prevent flooding. For retention systems, a
control structure will allow runoff in excess of the volume of the swale to be discharged to
the receiving body. There may be More than one retention system may be present on the
property, provided each meets these criteria and the total volume of the swales is at least
the calculated volume. Vegetated swales may be incorporated into the set-back criteria
required by the Monroe County Code. Appendix 6 contains sample calculations for single-
family/duplex lots. Florida-Friendly LandscapingTM is encouraged for vegetated swales.
13015-001-01 6-1
March 2020 Criteria for Single Family/Duplex Lots
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Effective Impervious Area Required Retention Required Retention
to Disturbed Area Ratio Depth Depth
(Step 5) (feet) (inches)
0.20 0.138 1.66
0.25 0.146 1.75
0.30 0.153 1.84
0.35 0.164 1.97
0.40 0.177 2.12
0.45 0.188 2.26
0.50 0.203 2.44
0.55 0.215 2.58
0.60 0.228 2.74
0.65 0.243 2.92
0.70 0.256 3.07
0.75 0.271 3.25
0.80 0.286 3.43
13015-001-01 6-2
March 2020 Criteria for Single Family/Duplex Lots
Append ices
The Appendices contain the specific design criteria
for the BMPs discussed in this manual. These
criteria are based on best available knowledge in
the area of stormwater management. As
technology dictates, these criteria will change.
Appendix 1
Control Structures
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This Appendix contains details on the designs for four types of control structures: a
triangular orifice, a circular orifice, a v-notched weir, and a rectangular weir.
Orifices and V-notched weirs are generally used with control structures associated with
detention facilities. These structures are commonly referred to as bleed-down mechanisms
and allow for controlled release of a portion of detained volume over a specified period
(usually 1/2 inch in 24 hours). Rectangular weirs are commonly used with detention and
retention facilities. In retention facilities, a rectangular weir allows for the runoff in excess of
the retained volume to leave the facility. Rectangular weirs serve the same purpose in
detention facilities, using a circular or triangular orifice as the bleed -down device.
Figures 3A through 3C illustrate these different types of control structures and their use.
The retained and detained volumes used in the determination of the dimensions of the
control structures are calculated from the equations following each drawing.
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distance from the vertex.
The first is a circular orifice. As the name and illustration implies, it is a round opening. The
bottom of the opening is at the control elevation. In the case of dry detention, the bottom of
the circle is at the ground elevation. The most common method for constructing a circular
orifice is placing a PVC pipe in the control structure. This pipe then discharges to the
receiving body or to a conveyance system discharging to the receiving body.
13015-001-01 Al-1
March 2020 Appendix 1 - Control Structures
The second type of orifice is a triangular orifice which is an inverted triangular opening in
the control structure. The vertex of the orifice is at the control elevation. If the facility is a
dry detention facility, the vertex is at the ground elevation.
For maintenance purposes, the cross-sectional area of the orifice in any control structure
must be greater than 6 square inches to ensure that the structure allows for free flow of
water and does not become clogged. The above formula is used to calculate the cross-
sectional area of the orifice.
The following is an example calculation for an orifice in a control structure which is part of a
wet detention facility. The following assumptions are made.
H = 3 feet
One-half inch of retained stormwater = 400,000 ft3
■ First, the discharge rate (Q) must be calculated:
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13015-001-01 A1-2
March 2020 Appendix 1 - Control Structures
V-notched weirs are used with wet- and dry- detention facilities. The configuration of the
opening allows for slow discharge of detained water over time. The rate of discharge
depends on the angle of the V-notch. When designing a control structure with a V-notch
weir, the angle is calculated using the above formula. Vdet refers to 1/2 inch of the detained
volume that must be discharged within 24 hours.
For maintenance and functional purposes, the angle of the V-notch should not be less than
200 being the minimum to allow for adequate flow of water and to prevent blockage of the
weir.
The following is an example calculation for a V-notched weir, which is part of a 2-foot-deep
dry-detention facility, making the following assumptions:
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Since the calculated angle is less than 200, and the angle of the V-notch must be at least
200, this facility will need a 200 angle. Because most of the stormwater management
facilities reviewed by County staff will be small, calculations in which the angle of the notch
is less than 200 will be common.
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A rectangular weir is a structure that allows excess volumes of water to leave a stormwater
management facility. A rectangular weir is used with retention facilities to discharge runoff
in excess of the retained volume. A rectangular weir can also be used in conjunction with a
detention facility that has an orifice for the delayed release of stormwater runoff. The
rectangular weir allows for the discharge of excess runoff during severe rain events. The
weir is constructed on top of the control structure. Rectangular weirs are used in areas
13015-001-01 A1-3
March 2020 Appendix 1 - Control Structures
where a receiving water body exists for excess runoff or a method of conveying excess
runoff to a receiving water body.
Control structures can be made of several different types of materials. Those commonly
used include concrete, cement, aluminum, and earthen material. Polyvinyl chloride (PVC)
pipe is often used as a bleed-down mechanism (circular orifice).
All control structures must discharge to a receiving body of water that has the capacity to
handle the discharge. If no receiving water body exists adjacent to the stormwater
management facility, some system for conveying the stormwater must be provided and is
commonly done by using swales, culverts, or similar mechanisms. However, an assurance
that water will not stand in enclosed structures (i.e., culverts) for extended periods must be
provided since this may lead to water quality problems.
13015-001-01 A1-4
March 2020 Appendix 1 - Control Structures
Appendix 2
Catch Basins and Pollutant-
Retardant Structures
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Catch basins are often used to collect stormwater from areas with large percentages of
impervious surfaces and convey it to a treatment facility. These structures need to be
designed and certified by a professional engineer and be equipped with pollutant -retardant
structures. The structures in Figures 4A through 4C will allow for pollution control and
sedimentation before discharge to the stormwater treatment facility. In Figure 4A, the
center column acts as a baffle. Oils, greases, and debris will remain on top of the water
column in the right- hand chamber. Only water below the baffle will be able to flow out of
the pipe. In Figures 4B and 4C, the down-turned pipe serves the same purpose. This pipe is
removable so it can be cleaned and maintained. Periodic cleaning and maintenance are
necessary to prevent clogging, ensure adequate treatment, and prolong the life of the
facility.
13015-001-01 A2-1
March 2020 Appendix 2 - Catch Basins and Pollutant Retardant Structures
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13015-001-01 A2-3
March 2020 Appendix 2 - Catch Basins and Pollutant Retardant Structures
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Appendix 3
Wet-Detention Facilities
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A wet -detention facility is usually wet and allows for 1/2 inch of the required detained
volume (1 inch or the total of 2.5 inches times the percent of impervious area, whichever is
greater) to be discharged through a control structure in no less than 24 hours. Catch basins,
pipes, swales, or channels are used in areas with large amounts of impervious surface to
collect runoff and convey it to the detention facility. The required design criteria of a wet
detention facility are detailed below.:
The lakes must be at least 0.25 acre and be at least 50 feet wide for lakes in excess of
100 feet in length.
Irregularly shaped lakes may be narrower than 50 feet in some portions but should
average 50 feet in width.
Projects with single-owner entities or entities with a full-time maintenance staff with
obvious interests in maintaining the areas for water quality purposes may have the area
and width criteria waived.
The lake slopes should be at least 4:1 (horizontal to vertical), to a depth of 2 feet for
safety reasons and to allow a littoral habitat to form.
Discharge should be from the center of the water column.
The control structure is at one point in the detention facility. Trash collection screens are
required on structures discharging to all surface waters.
The control structure must be opposite from where the runoff enters the facility to
prevent hydraulic short-circuiting and ensure full treatment.
Wet detention cannot be used as the s- form of stormwater. If wet detention is used, at
least 2.5 inches of dry retention must be provided before discharging into a wet-detention
facility.
13015-001-01 A3-1
March 2020 Appendix 3 - Wet-Retention Facilities
Appendix 4
Dry-Retention Facilities
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Two types of dry-retention facilities exist - infiltration facilities and seepage facilities. The
most common form of infiltration is vegetated swales or basins. Runoff is routed to a
vegetated area, either directly or through a catch basin and conveyance system.
A control structure, usually a rectangular weir, is at one end of the swale or basin to allow
for excess runoff to be discharged to a receiving body. A spreader swale can also be used in
conjunction with this form of treatment. This type of discharge is most often used to release
water through sheet flow to wetland areas or to prevent erosion.
The seepage method of dry retention involves allowing the water to disperse outward from
an underground facility. The runoff is routed to a catch basin and is conveyed to a seepage
system. Exfiltration trenches are the most commonly used types of seepage systems. They
are used in conjunction with catch basins and consist of a perforated pipe surrounded by
coarse rock. Figure 5 shows that the system is in the ground, but above the wet-season
water table. Water enters the pipe and seeps out. The retained volume will exfiltrate over
1 hour. The length of the pipe is dependent on several factors - the volume of runoff to be
treated, the width of the trench, the depth to the water table, and the hydraulic conductivity
of the soils. When calculating the volume of an exfiltration trench, a safety factor of 2 is
used to allow for geologic uncertainties.
The formula shown in Figure 5 illustrates how to design an exfiltration trench. An overflow
system allowing for volumes in excess of the retained volume is usually located at the end
of the trench opposite the point where the runoff enters the system and discharges to the
receiving waters. Although exfiltration trenches provide adequate stormwater treatment and
allow more land for development, they must be inspected regularly and cleaned from time
to time. The pipe can become clogged and not allow proper seepage. When this occurs, the
pipe acts like a conduit for untreated stormwater. Ensuring that the catch basins are
maintained is one way of preventing failure of the trench.
Required retention depth is based on Table 1.
13015-001-01 A4-1
March 2020 Appendix 4 - Dry-Retention Facilities
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13015-001-01 A4-2
March 2020 Appendix 4 - Dry-Retention Facilities
Appendix 5
Stormwater Management Plan Checklist
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q Required
A. Site Information
Detailed location sketch
Description of vegetative cover
Location and size of preservation or mitigation areas
Vegetation protection plan
Soils map
Percolation test results
Current wet season high water table
Future wet-season water table
Measures to be taken to eliminate off-site adverse
impacts, such as turbidity, flooding, etc.
Recent aerial photo (if available)
Map of drainage basin boundaries
Map of flood pain and elevations
B. Master Stormwater Management Plan
Location of all existing and proposed on-site
waterbodies (including wetlands)
Location of all off-site wetlands and waterbodies to
be affected by on-site drainage patterns
Location of all major control structures and
elevations (preliminary construction plan may be
submitted for conceptual review)
Right-of-way and easement locations for stormwater
management systems, including all areas reserved
for stormwater management purposes
13015-001-01 A5-1
March 2020 Appendix 5 - Stormwater Management Plan Checklist
Re uired Not Sufficient
q Required
Location and size of on-site water management
facilities
Square footages, acreages, and percentage of
property proposed as:
■ Impervious surface (excluding waterbodies)
■ Impervious surface (waterbodies)
■ Pervious surface
■ Total square footage or acreage of project site
Proposed grading plan
Treatment volume and discharge rate (if applicable)
for stormwater management system
C. Legal and Institutional Information
Entity responsible for operation and maintenance of
stormwater management facility*
* If the operational and maintenance entity is to be a public body, a letter from the public body
confirming this must be submitted before staff approval. If the entity is a homeowners' association,
documents verifying the existence of such organization and its ability to accept operation and
maintenance ability must be submitted before staff approval.
13015-001-01 A5-2
March 2020 Appendix 5 - Stormwater Management Plan Checklist
Appendix 6
Single-Family/Duplex Lot
Sample Calculations
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An orifice is a device that allows for discharge from the center of the control structure.
Simply put, it is an opening in the structure that lets water slowly pass. Detention facilities
use orifices. The rate that water is discharged depends on the cross-sectional area of the
orifice. Figure 6 shows the two types of orifices.
An 8,000-square-foot lot with a house, deck, and driveway using dry -retention swales:
House 1,600 square feet (800 directly connected and 800 unconnected)
Driveway 650 square feet
Concrete Patio 840 square feet
Total impervious 3,000 square feet
Effective Impervious 2,600 square feet
Total lot size 8,000 square feet
Ration of effective impervious area = 37.5 percent.to lot area 0.33%
Since the impervious area is less than 40 percent of the total lot size, the following equation
is used:
Swale volume (cubic feet) = total lot size (square feet) x 0.415-foot required retention
depth (feet)
Swale volume = 8,000 x 0.0415.164
Swale volume = 332 ft3 = 1,312 cubic feet
Assuming a 4:1 (horizontal to vertical) slope for the swales to a 1-foot depth, the cross-
sectional area (A) of the swale is 4.0 square feet.
Therefore, the length of the swale is determined as follows:
Length of swale (feet) = volume (A).
Length of swale = 1,312/4.
Length of swale = 328 feet.
In areas where there is a receiving water body is adjacent to the property, a rectangular
weir should be placed at one end of the swale for discharge of excess runoff. To reduce the
required length of the swale opportunities to reduce the directly connected impervious area,
replace impervious surfaces with pervious surfaces, and minimize site disturbance could be
evaluated. These changes would reduce the required swale length.
13015-001-01 A6-1
March 2020 Appendix 6 - Single Family/Duplex Lot Sample Calculations
Appendix 7
Bibliography
of of 00000m om mo 0o mo 0o mo 00 00 of
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IY
Ammon, D.C.,; W.C. Huber, WC; and J.P. Heany, JP. 1981. Wetlands'Use for Water
Management in Florida. J. Water Res. Planning Management Div. Proceeding of
ASCE 107 (WR2):315-327.
Branscome, J,. and R. S. Tomasello, JS. 1988. Field Testing of Exfiltration Systems. South
Florida Water Management District, Tech. Pub. 87-5, West Palm Beach, Florida. 50 pp.
Camp Dresser and McKee, Inc. (CDM). 1985. An Assessment of Stormwater Management
Programs. J.P. Hartiganm, S.V. Plante, L.A. Rosner., Maitland, Florida.
Chesters, G,. and L.J. Schierow, LJ. 1985. A Primer on Nonpoint Pollution. J. Soil Water
Conserv. 40(1):9-13.
Cox, J.H. 1985. Overview of BMP's and Urban Stormwater Management. Proceedings:
Stormwater Management - "an update': M.P. Wanielista and Y.A. Yousef, Eds. Univ. of
Central Florida Environ. Systems Engr. Institute, Pub. #85-1,. Orlando, Florida.
Duval County. Duval County Low-Impact Development Stormwater Manual. Jacksonville, FL
Ferrara, R.A. 1982. Stormwater Detention and Nonpoint Source Pollution Control. In the
International Symposium on Urban Hydrology, Hydraulics, and Sediment Control,
University of Kentucky, Lexington, Kentucky, pp. 91-91.
Florida Department of Environmental Protection. 2019. Low-Impact Development and Green
Infrastructure: Pollution Reduction Guidance for Water Quality in Southeast Florida.
Harper, H.H.,; Y.A. Yousef, YA; and M.P. Wanielista, MP. 1984. Efficiency of Roadside
Swales in Removing Heavy Metals from Highway Associated Nonpoint Source Runoff.
Conference on Options for Reaching Water Quality Goals, American Water Res. Assoc.
Livingston, E.H. 1985. Overview of Stormwater Management. Florida Department of
Environmental Regulation, Tallahassee, Florida.
Mass, R.P.; M.D. Smolen, MD; and S.A. Dressing, SA. 1985. Selecting Critical Areas for
Nonpoint-Source Pollution Control. J. Soil Water Conserv. 40(1):68-71.
Mason, Jr., J.M. 1984. Development of a Stormwater Management Plan. In the international
symposium on Urban Hydrology, Hydraulics, and Sediment Control, University of
Kentucky, Lexington, Kentucky, pp. 201-205.
Sarasota County .2015. Sarasota County Low-Impact Development Guidance Document.
Sarasota FL.
South Florida Water Management District (SFWMD). In review. An Assessment of Land Use
and Related Stormwater Runoff Quality Treatment Efficiencies Associated with Selected
Stormwater Management Systems. Resource Planning Department, West Palm Beach,
FL.
13015-001-01 A7-1
March 2020 Appendix 7 - Bibliography
South Florida Water Management District (SFWMD). Environmental Resource Permit
Applicant's Handbook, Vol II. West Palm Beach, FL.
Wanielista, M.P., and Y.A. Yousef, YA. 1985. Overview Stormwater Manage Practices.
Proceedings: Stormwater Management - "an update': M.P> Wanielista and Y.A. Yousef,
Eds. Univ. of Central Florida, Environ. Systems Engr. Institute, Pub. #85-1., Orlando,
Florida.
Whalen, P.J. and M.G. Cullum. 1988. As Assessment of Urban Land Use/Stormwater Runoff
Quality Relationships and Treatment Efficiencies of Selected Stormwater Management
System. Technical Publication 88-9, South Florida Water Management District. West
Palm Beach, Florida.
13015-001-01 A7-2
March 2020 Appendix 7 - Bibliography
rr,
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I NINE III
Photo Credit:Mayte Santamaria(Monroe County)
RE
Guidelines for preparation of a site plan for
single familyand duplex lots in Monroe County
March 2020
Stormwater m—an important in'the
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D. Sample construction techniques
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A, Stormwater Management — an important element of the site p�Ian
WHY all the fuss, you ask?Here's why...
Monroe County is home to the Florida Keys, lush islands surrounded by clear, aquamarine waters, and a myriad of
underwater wonders. Most of the year,the Keys enjoy a sunny, near-tropical climate, but there comes a rainy
season,from May through October. During these months,frequent thunderstorms last from a few minutes to a few
days.
Heavy seasonal rains cause stormwater to run off commercial and residential rooftops,yards, and streets.This
stormwater normally collects in the streets and works its way towards the nearest waterway.While street flooding is
a temporary nuisance,the pollutants carried in the stormwater create a less visible but longer lasting effect.These
pollutants include automobile oil and grease, lawn fertilizers and pesticides,a variety of chemicals from
commercial/industrial areas,and silt and floating debris from highways.
Continued pollution of Florida's coastal area has severely degraded our most valuable resource,the coral reefs.
Pollution also has negatively affected the quality and clarity of our waters. It has reduced our fish and wildlife
populations.
Stormwater running off into the streets also wastes a valuable resource.After the rainy season come the dry months
of November through April.With few exceptions, Monroe County's drinking water comes from the mainland via a
single pipeline. In the event of a hurricane, power and this water supply may be discontinued for days.
Monroe County has adopted a comprehensive development plan that establishes specific goals for safe
management and disposal of stormwater and conservation of our water resources.To achieve these goals and to
begin reversing the current negative trends,we must significantly reduce the potential pollution from new
construction.
Our adopted Stormwater Management Ordinance Sec. 114-2 and 114-3 of the Land Development Code establishes
guidelines for the safe management and disposal of stormwater runoff from developed areas.The ordinance is
applicable to all developments and requires that all applications for building permits must contain a stormwater
management plan.
The guidelines and recommendations in this brochure are designed to help you to address stormwater management
in the site plan for your single family or duplex lot.Sample engineering calculations supporting the guidelines of the
brochure are available in the current version of Monroe County' s "Manual of Stormwater Management Practices".
B. Guidelines to
prepare
OKAY, what must 1 do to prepare a site plan for my single family or duplex home?
In order to prepare a site plan, it is necessary to assess the existing site conditions,evaluate the proposed
improvements and make provisions for stormwater management.This process begins with the collection of site-
specific data, by performing a lot survey.The lot survey is then used as a base to locate the proposed improvements
and grade the lot in order to control stormwater runoff.The following steps detail the type of data to be collected
for the lot survey and the information to be provided in the site plan.
STEP ONE—SURVEY DRAWING
Obtain a boundary survey and topographic information (either from survey or LiDAR data)for your lot.The survey
must be performed by a professional land surveyor licensed to practice in the State of Florida. The survey drawing
must provide this information:
a. Legal description of lot.
b. Property line dimensions, bearings and/or angles.
c. Location of existing improvements,to include adjacent street and waterway(if any).
d. Three cross-sections,showing elevations from the street,across lot lines and center of the property.
e. Location and identification of existing trees.
f. Location sketch and identification of a nearby Mile Marker
g. Scale (1"=10' recommended) and north arrow.
h. LiDAR-based elevations may be used if available.
STEP TWO—SITE PLAN
Prepare a site plan showing the proposed improvements, utilities,site grading and landscaping.The site plan,which
must meet the guidelines described later in this brochure, should be prepared at a recommended scale of 1"=10'
and provide the following information:
a. Locations, dimensions, and types of construction materials of the building, roof, patio, screened porch, deck,
shed, pool, driveway,septic tank and drainfield.
b. Proposed site grading showing existing and proposed elevations and/or contours.
c. Proposed drainage directions and areas draining to each retention system. Site grading must drain towards
retention system.
d. Locations, dimensions, and types of materials to be used in landscaping features, such as planters,walks,
privacy walls,fences,trees and shrubs.
e. A cross-section (elevation view) across the center of the lot showing proposed improvements and site
grading.
C. Guild6�1*lnes to address storrnwater management in your site plan
HOW do 1 address stormwater management in my site plan?
Much of Monroe County is beautiful and ecologically sensitive to manmade pollutants, many of which are carried to
the ocean by stormwater runoff. Monroe County's objective is to keep the resident coral reef,fish, and animals alive
and healthy,while allowing you to occupy the same bit of Florida paradise.To achieve this objective, Monroe County
requires your new home to meet the following design and construction guidelines:
0 Preserve Roadside Swales(Plate 2)
1. Maintain the pervious cover of swales.
2. Preserve existing swale elevations.
• Reduce Lot Fill (Plate 2)
1. Carefully consider the need to import any fill for the lot.
2. Limit building pad elevations to eight inches above the adjacent roadway.
• Flood Protection (Plate 3)
1. Elevate the first habitable floor above the Federal Emergency Management Agency Base Flood Elevation
using stilt-construction techniques.
• Reduce Impervious Surfaces
1. Use pervious materials, such as gravel, pervious pavers on sand, native grasses,grass-covered porous
pavement and wood for the construction of other site and landscaping improvements. Florida-Friendly
LandscapingT"" is encouraged.
2. Do not place impervious layers, such as roofing paper or plastic under paved or landscaped areas.
• Conserve Water(Plate 4&5)
1. Use cisterns to collect roof runoff and recycle for non-potable water uses.
2. Use native plant materials for landscaping.
• Reduce Direct Discharges to Waterways (Plate 6)
1. Use berms to contain runoff onto adjacent waterways.
2. If your lot has an existing bulkhead, lower the adjacent ground to provide a minimum of 6" difference
between the finished lot and the top of the bulkhead.
• Reduce Discharges to Roadway
1. Use berms to contain runoff from lot onto adjacent roadways.
2. Use traffic rated trench drains across driveways to reduce discharges to the roadway.These trench drains
should be drained to an onsite retention area.Trench drains are not needed where the driveway is below or
at the same elevation as the roadway swale.
• Calculate required retention volume using the following steps:
1. Determine square feet of impervious area on the site that is directly connected to the proposed retention
system (typically this would be an onsite swale). Directly connected would be any area when stormwater
runoff passes over less than 20 feet on pervious area (e.g. grassed or landscaped area) before entering the
onsite retention system. Pervious pavers would not be considered an impervious area.
2. Determine square feet of impervious area on the site that is unconnected to the proposed retention system
and has to drain over 20 feet or more of pervious area before entering the retention system.An example of
this would be an area of the roof that is drained from a downspout but flows over 20 feet of landscaped
area before reaching the onsite swale.
3. Calculate the total effective impervious area by summing the directly connected area with half the
unconnected area.
4. Determine the square feet of lot area that is disturbed during construction.This is any area that is accessible
to construction vehicles or construction staff during construction. Undisturbed areas need to be clearly sign
posted and taped off during construction.
5. Calculate the ratio of the effective impervious area to the disturbed area.
6. Use Table 1 below to determine the required retention depth.The effective impervious area to the
disturbed area ratio from Step 5 should be rounded to the nearest ratio in Table 1.
7. Determine the required retention volume (cubic feet) by multiplying the required retention depth in feet
(Step 6) by the disturbed area in square feet(Step 4).
Table 1. Required Retention Depth
IFP
mxro max.� I I I man I mwn
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0.20 0.138 1.66
0.25 0.146 1.75
0.30 0.153 1.84
0.35 0.164 1.97
0.40 0.177 2.12
0.45 0.188 2.26
0.50 0.203 2.44
0.55 0.215 2.58
0.60 0.228 2.74
0.65 0.243 2.92
0.70 0.256 3.07
0.75 0.271 3.25
0.80 0.286 3.43
If swale(s) are used they must meet the following criteria:
• Runoff from site must be drained to swale.
• Swale length must be greater than its width.
• Swale side slope must be 4:1 or shallower(horizontal to vertical).
• Swale must not disturb any natural areas.
• Swale must be 6 inches or deeper.
• Swales should be vegetated. If a swale is not vegetated than a 6-inch layer of nutrient sorption soil
amendment formulated to reduce nutrient loading must be installed directly below the swale.Specifications
and published nutrient reduction test results for the media must be provided for County review at the time
of permitting. Examples of acceptable media are NutriGoneTM (distributed by EcoSense International) and
Bold and Gold° (distributed by Environmental Conservation Solutions).
If exfiltration trenches or french drains are used on single-family or duplex lots they must meet the following criteria:
• Minimum of 8 inches of cover.
• Use at least a 4 inch or greater perforated pipe. A prefabricated shallow vault or drainage well may be used.
• Inlets to exfiltration system must include a fabric filter.
• Exfiltration system must not be within 10 feet of a building.
• Exfiltration systems cannot be installed under driveways or other areas that may receive frequent vehicular
traffic, unless designed by a Florida-registered and -licensed professional engineer.
• Bottom of exfiltration system must be more than 12 inches above the wet season water table. Wet season
water table can be determined using the USDA Web Soil Surveyhtt . bs �Isur
.. .....".........................................................................m........................................................... ....................................,........................... ........................................................,
SoilWeb app available on Android or iPhone devices, or determined by an appropriate Florida-registered
and -licensed professional.
• Volume of an exfiltration trench in cubic feet can be approximated as:V= L x W x(D—0.96)x 0.4,where L=
length in feet,W=average trench width,and D=average trench depth in feet.
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Source. Florida Department of Environmental Protection and Water Management Districts
Environmental Resource Permit Stormwater Quality Applicant's Handbook(March 2010—Draft)
The following diagrams illustrate the above design and construction guidelines and a sample site plan (Plate 7). If you
have other questions, call the Planning and Environmental Resources Department at at 305-289-2500.
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expansionE. Guidelines for III IIIII
WHAT if 1 just want to expand my home?
Any impervious area expansion of existing lot coverage,that is, roofs, decks, patios, pools, and pavements, must
provide for the retention of two and half inches of runoff from the expansion area.Typically,this retention
requirement can be met by construction of a shallow Swale alongside the expansion's area. However, other
approaches to retaining stormwater on the site will be considered.The following table shows the proportional
stormwater retention storage required for every 25 feet of new impervious area:
Provisions for swales must be
shown on the site plans
submitted with your permit
25 5 application.Just remember,
50 10 you should still follow the
steps outlined in this brochure,
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of the design and construction
100 21 criteria required for new
125 26 homes.
150 31
175 36
200 42
2
2021 -2023
MONROE COUNTY
BIENNIAL PUBLIC FACILITIES
CAPACITY ASSESSMENT
REPORT
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GROWTH MANAGEMENT
TRANSPORTATION
POTABLE WATER
SCHOOLS
SOLID WASTE
PARKS AND RECREATION
SANITARY SEWER
Monroe County
Planning and Environmental Resources Department
1
TABLE OF CONTENTS
ExecutiveSummary...................................................................................................... 3
I. Growth Management....................................................................................................14
II. Transportation/Roadways.............................................................................................26
III. Potable Water................................................................................................................41
IV. Education/Schools.........................................................................................................48
V. Solid Waste...................................................................................................................51
VI. Parks and Recreation.....................................................................................................55
VII. Sanitary Sewer................................................................................................................61
2
EXECUTIVE SUMMARY
Goal 1401 of the Monroe County Comprehensive Plan requires that Monroe County shall provide
and maintain, in a timely and efficient manner, adequate public facilities for both existing and
future populations, consistent with available financial resources and the other elements of the
Comprehensive Plan. [§163.3177(3)(a), F.S.] Monroe County coordinates land use decisions and
fiscal resources with a schedule of capital improvements in order to maintain the adopted level of
service (LOS) standards for both issued development orders and future development (Objective
1401.4). Further, Monroe County maintains a Concurrency Management System to ensure that
facilities and services needed to support development are available concurrent with the impact of
development. The Concurrency Management System ensures that the County shall issue no
development order or permit which results in a reduction in the level of service (LOS) below the
adopted LOS standards (Policy 1401.4.5).
The Monroe County Land Development (LDC) Section 114-2(b)(3) mandates a biennial
assessment of the roadways, solid waste,potable water, sanitary sewer, schools and recreation and
open space facilities serving the unincorporated portion of Monroe County. In the event that these
public facilities have fallen below or are projected to fall below the level of service(LOS)required
by the LDC, development activities must conform to special procedures to ensure that public
facilities are not further burdened. The LDC clearly states that building permits shall not be issued
unless the proposed use is, or will be, served by adequate public or private facilities.
As required by LDC Section 114-2,the Monroe County Board of County Commissioners (BOCC)
shall consider and approve the biennial report, with or without modifications. Any modifications
that result in an increase of development capacity must be accompanied by findings of fact,
including the reasons for the increase and the funding source to pay for the additional capacity
required to serve the additional development. Once approved,this document becomes the official
report on public facilities upon which development approvals will be based for the next two years.
This report distinguishes between areas of adequate, inadequate and marginally adequate facility
capacity. Areas of inadequate facility capacity are those areas with capacity below the adopted
LOS standards. Areas of marginally adequate facility capacity are those areas at the adopted level
of service standard or which are projected to reach inadequate capacity within the next 12 to 24
months.
2021-2023 ASSESSMENT OF PUBLIC FACILITIES
Transportation/Roadways
Based on the findings of the 2021 U.S. 1 Arterial Travel Time and Delay Study for Monroe County,
as prepared by AECOM,U.S. 1 has an overall level of service(LOS)C. The overall median travel
speed on US 1 is 45.5 MPH.
Traffic volumes have increased in Big Pine(2.00%)and Upper Matecumbe(3.07%)Keys but have
decreased in Marathon Key (-6.30%) as compared to 2017.
Compared to the study results in 2017, there were level of service changes in nine (9) of the 24
segments of US1; five (5) of which resulted in positive level of service changes and four (4) of
3
which resulted in negative level of service changes.Negative LOS changes are shown in bold text
in the table below.
Jurisdiction 5%
Segment (county or 2017 2021 Reserve Trips Allocation
Number Segment municipality) LOS LOS Remaining below LOS C
1 Stock Island County B A 31279 31474
8 Ramrod County B A 2,285 303
10 Big Pine County C A 41561 5,511
11 Bahia Honda County B A 7,998 101730
18 Tea Table Islamorada D A 29222 29965
19 Upper Islamorada D E (39531) (29187)
Matecumbe
20 Windley Islamorada C D (378) 271
21 Plantation Islamorada B C 19921 31524
24 Cross County B C 29259 41618
Compared to 2017 results, the median segment speeds increased in 13 of the 24 segments,ranging
between 0.2 mph and 10.6 mph, and decreased in 11 segments,ranging from-0.1 mph to-5.8 mph.
The largest increase in speed (+10.6 mph) was recorded in Segment # 1 (Stock Island— MM 4.0
to MM 5.0); The largest reduction in speed (-5.8 mph) was recorded in Segment # 21 (Plantation
—MM 86.0 to MM 91.5).
Potable Water
In March 2008, South Florida Water Management District approved the FKAA's modification of
WUP 13-00005-5-W for a 20-year allocation from the Biscayne and Florida Aquifers. This water
use permit (WUP) provides an annual allocation of 23.98 MGD. The recently completed water
supply wells and Reverse Osmosis (RO) water treatment facility provides an additional capacity
of 6.0 MGD.
The County's 2020 figures and projections for 2021 indicate a slight increase in annual average
daily demand from 18.41 to 20.25 MGD.This provides a 3.73 MGD surplus water allocation based
upon the projected 2021 demand. With the construction of the new water supply wells and reverse
osmosis (RO) water treatment facility and a projected surplus allocation, there is an adequate
supply of water to meet current and future demands, based on current conditions and projections.
Schools
The overall 2020-2021 utilization is 74.83% of the school system capacity and is projected for
2024-2025 at 77.58 %utilization of the school capacity. Enrollment figures for 2020-2021 indicate
that there is adequate capacity in the Monroe County school system for the next two years.
Solid Waste
Monroe County has a contract with Waste Management Inc. (WMI). The contract authorizes the
use of in-state facilities through September 30, 2024, thereby providing the County with
approximately three (3)years of guaranteed capacity. There is adequate capacity for a solid waste
generation for the next 12 to 24 months.
4
Parks and Recreation
There is a surplus of parks and recreational facilities (acreage).
Sanitary Sewer
The Monroe County Sanitary Sewer Master Plan was part of the Monroe County Year 2010
Comprehensive Plan.As population and tourism within the Keys have increased over the years have
resulted in a significant degradation of water quality in canals and nearshore waters surrounding the
keys. The creation of a new Sanitary Sewer System to replace the old system consisting mostly of
collecting sewage waters by private septic tanks and small water treatment plants was imperative.
The new Sanitary Sewer System collects the wastewater mainly by a network of pipelines, force
mains, pump stations and sewage treatment plants. The majority of the household units of
unincorporated areas of the County have been connected to the system.
The sewage collection system operates below the capacity for which it was designed and the quality
and disposal of treated waste water is in compliance with requirements established by F.A.C., F.S.,
and Monroe County Comprehensive Plan. There is sufficient wastewater treatment and disposal
facilities and capacity available to satisfy the projected needs of the development for the next two
years.
SUMMARY
Transportation/roadways (subject to concurrency review at time of development permit), potable
water, solid waste, schools, parks and recreation, and sanitary sewer all have adequate capacity to
serve the growth anticipated in 2021-2023 at the adopted level of service standard.
5
INTRODUCTION
The 2021-2023 Biennial Assessment of Public Facilities Capacity is mandated by the Monroe
County Land Development Code (LDC) Section 114-2, titled Adequate Facilities and Review
Procedures. The State of Florida requires all local jurisdictions to adopt regulations ensuring
"concurrency" or providing public facilities in order to achieve and maintain the adopted level of
service standard. In other words, local governments must establish regulations to ensure that
public facilities and services that are needed to support development are available simultaneously
with development impacts.
Section 114-2(a) contains two main sets of requirements: the minimum service standards for the
six primary public facilities (roads, potable water, educational facilities, solid waste, parks and
recreation, sanitary sewer), and biennial assessment process to determine the available capacity of
these public facilities.
Section 114-2(b)(3) requires the Director of Planning to prepare a biennial report to the BOCC on
the capacity of available public facilities. This report must determine the potential amount of
residential and nonresidential growth expected in the upcoming year and make an assessment of
how well the water supply facilities, solid waste, roads, sanitary sewer, and schools will
accommodate that growth. The report considers potential growth and public facility capacity for
only the next twelve months. In addition,the report must identify areas of unincorporated Monroe
County with only marginal and/or inadequate capacity for public facilities.
Section 114-2(b)(4) requires the Monroe County Board of County Commissioners (BOCC) to
consider this report and approve its findings either with or without modifications. The BOCC
cannot act to increase development capacity beyond that demonstrated in this report without
making specific findings of fact as to the reasons for the increase and identifying the source of
funds to be used to pay for the additional capacity. Once approved by the BOCC, this document
becomes the official assessment of public facilities upon which development approvals will be
based for the next year.
In the event public facilities have fallen or are projected to fall below the level of service (LOS)
standards required by the Comprehensive Plan or the LDC, development activities must conform
to special procedures to ensure that public facilities are not further burdened. The Comprehensive
Plan and the LDC clearly state that building permits shall not be issued unless the proposed use is
or will be served by adequate public or private facilities.
Comprehensive Plan Objective 10 1.1 states:
"Monroe County shall ensure that all development and redevelopment taking place within its
boundaries does not result in a reduction of the level-of-service requirements established and
adopted by this comprehensive plan. Further, Monroe County shall ensure that comprehensive
plan amendments include an analysis of the availability of facilities and services or demonstrate
that the adopted levels of service can be reasonably et".
The LDC, Section 114-2, "Adequate Facilities and Review Procedures" states:
Development application shall include a written evaluation (facilities impact report and traffic
report) of the impact of the anticipated development on the level of services are available prior to
or concurrent with the impacts of development.
6
PUBLIC FACILITIES STANDARDS
Pursuant to Section 163.3180,F.S., sanitary sewer, solid waste, drainage, and potable water are the
public facilities and services subject to the concurrency requirement on a statewide basis and a
local government may extend concurrency requirements so that it applies to additional public
facilities within its jurisdiction. If concurrency is applied to other public facilities, including
transportation facilities, the local government comprehensive plan must provide the principles,
guidelines, standards, and strategies, including adopted levels of service, to guide its application.
The premise of concurrency is that the public facilities will be provided in order to achieve and
maintain the adopted level of service standard.
Accordingly, the Monroe County Comprehensive Plan Policy 101.1.1 provides that the County
shall maintain level of service (LOS) standards for the following public facility types required by
Chapter 163, F.S.: sanitary sewer, solid waste, drainage, and potable water. Policy101.1.2 also
requires the County maintain a Concurrency Management System.
Further, the following standards have been adopted in the Monroe County Comprehensive Plan:
Policy 101.1.3: Facilities for potable water, sanitary sewer, solid waste and drainage shall
be in place and available to serve new development no later than the issuance of the
certificate of occupancy or its functional equivalent. If facility improvements are needed
to ensure that the adopted level-of-service standards are achieved and maintained, prior to
commencement of construction, a developer is required to enter into a binding and legally
enforceable commitment to the County to assure construction or improvement of the
facility.
Policy 101.1.4: Parks and recreation facilities to serve new development shall be in place
or under actual construction no later than one (1) year after issuance by the County of a
building permit. The acreage (land) for such facilities shall be dedicated or be acquired by
the County prior to issuance of a building permit, or funds in the amount of the developer's
fair share shall be committed no later than the County's approval to commence
construction. If park and recreation facility improvements are needed to ensure that the
adopted level-of-service standards are achieved and maintained, prior to commencement
of construction, the developer is required to enter into a binding and legally enforceable
commitment to the County to assure construction of the facilities.
Policy 101.1.5: Transportation facilities needed to serve new development shall be in place
when the impacts of the development occur. If transportation facilities are needed to ensure
that the adopted level-of-service standards are achieved and maintained, prior to
commencement of construction, a developer is required to enter into a binding and legally
enforceable commitment to the County to assure construction or improvement of
proportionate share of required improvements, or to assure the provision of the
proportionate share contribution of the costs for the necessary transportation facilities. The
development of a single family residential unit shall be considered de minimis and shall
not be subject to this requirement.
Policy 101.1.6: Prior to the approval of a building permit, Monroe County shall consult
with the Florida Keys Aqueduct Authority (FKAA) to determine whether adequate water
7
supplies to serve the new development will be available no later than the anticipated date
of issuance by the County of a certificate of occupancy or its functional equivalent.
There are Six(6) primary public facilities that must be monitored for adequate capacity according
to both the Monroe County Comprehensive Plan and the Land Development Code (LDC). These
facilities are roads, solid waste,potable water,sanitary sewer and schools(Comp Plan also includes
parks & recreation and drainage. The available capacity for each of these facilities may be either
sufficient to accommodate projected growth over the next year, marginally adequate, or
inadequate. In situations where public facilities serving an area are projected to be only marginally
adequate or inadequate over the next year, the LDC sets out a review procedure to be followed
when issuing development permits in that area.
Section 114-2(b)(5)c of the LDC states: "The county shall not approve applications for
development in areas of the county that are served by inadequate facilities identified in the biennial
assessment of public facility capacity report, except the county may approve development that will
have no reduction in the capacity of the facility or where the developer agrees to increase the level
of service of the facility to the adopted level of service standard."
The determination of an additional development's impact on existing public facilities in areas with
marginal or inadequate capacity is determined by a "facilities impact report" which must be
submitted with a development application.
Transportation/Roadways:
The LOS for roads is regulated by the Traffic Circulation Element of the Comprehensive Plan.
Policy 301.1.1 establishes the LOS for County roads. The policy states:
"For all County roads, Monroe County hereby adopts a minimum peak hour level of service
(LOS) standard of D,measured by the methodology identified in the most recent edition of the
Highway Capacity Manual, as necessary to determine proposed development impacts. The
County shall maintain the level of service on County roads within five percent (5%) of LOS
D"
Policy 301.1.2 establishes the LOS for U.S. 1. The policy states:
"For U.S. 1,Monroe County hereby adopts a level of service(LOS) standard of C, as measured
by the methodology established by the US-1 LOS Task Force and adopted by the Board of
County Commissioners in August 1991. The level of service on US-1 shall be maintained
within five percent (5%) of LOS C"
It should be noted in August 2021, the BOCC adopted an update to Policy 301.1.2 as follows:
"For U.S. 1,Monroe County hereby adopts a level of service(LOS) standard of C, as measured
by the methodology established by the U.S. 1 LOS Task Force and adopted by the Board of
County Commissioners in February 2021 (BOCC Resolution 064-2021). The level of service
on U.S. 1 shall be maintained within five percent (5%) of LOS C."
Section 114-2(a)(1) of the LDC pertains to the minimum LOS standards for Roads:
(1) Transportation/Roadways.
8
a. U.S. 1 shall have sufficient available capacity to operate at LOS C for the overall arterial
length and the 24 roadway segments of U.S.1, as measured by the U.S. 1 Level of Service
Task Force Methodology, at all intersections and roadway segments. In addition, all
segments of U.S. 1, as identified in the U.S. 1 Level of Service Task Force Methodology,
which would be impacted by a proposed development's access to U.S. 1, shall have
sufficient available capacity to operate at LOS C.
b. Development may be approved, provided that the development in combination with all
other permitted development will not decrease travel speed by more than five percent(5%)
below LOS C. as measured by the U.S. 1 Level of Service Task Force Methodology. While
development may be approved within 5% of LOS C, the proposed development shall be
considered to have an impact that needs mitigation. Development mitigation may be in the
form of specific improvements or proportioned shared contribution towards improvements
and strategies identified by the County, and/or FDOT to address any level of service
degradation beyond LOS C and/or deficiencies.
c. All paved County roads shall have sufficient available capacity to operate at or within 5%
of a LOS D as measured by the methodology identified in the most recent edition of the
Highway Capacity Manual. While development may be approved within 5% of LOS D,
the development shall be considered to have an impact that needs mitigation. Development
mitigation may be in the form of specific improvements or proportioned shared
contribution towards improvements and strategies identified by the County, and/or FDOT
to address any level of service degradation beyond LOS D and/or deficiencies.
d. The development of one single family residence on a single parcel shall be considered de
minimis and shall not be considered to impact road capacity established in this subsection.
e. The County shall post on the Monroe County website informing the public of the available
transportation capacity for each road segment of U.S. 1 as described in the county's biennial
public facilities capacity report. The available capacity shall be expressed in terms of a
number of trips remaining until the adequate transportation facilities standard is exceeded.
f. The County, in coordination with the FDOT, shall continue the systematic traffic
monitoring program to monitor peak season traffic volumes at permanent count stations
and travel speeds on the overall length of U.S.I and on each of the 24 study segments of
U.S.1, and to determine the cumulative impact of development and through traffic. The
County shall coordinate with municipalities in the review of the systematic traffic
monitoring program to monitor traffic volumes and travel speeds of U.S.1 as well as on
each of the 24 study segments on U.S.1. The County and municipalities shall coordinate
with FDOT to evaluate segments with deficiencies of LOS to determine necessary
improvements and strategies to address any degradation and/or deficiencies.
Potable Water:
The Monroe County Comprehensive Plan adopts the LOS standards and further, the LDC regulates
the source of potable water for development or use.
Objective 701.1: Monroe County shall ensure that at the time a certificate of occupancy or its
functional equivalent is issued, adequate potable water supply,treatment,and distribution facilities
are available to support the development at the adopted level of service standards.
9
Policy 701.1.1: Monroe County hereby adopts the following level of service standards to achieve
Objective 701.1 and shall use these standards as the basis for determining facility capacity and the
demand generated by a development. [
Level of Service Standards
1. Quantity: 100 gal./capita/day*
*Note Based on historical data through December 2011;provided by FKAA,December 2012.
2. Minimum Pressure: 20 PSI at customer service
3. Minimum Potable Water Quality: Shall be as defined by Chapter 62-550
F.A.C.
The LDC Section 114-2(a)(3) requires sufficient potable water from an approved and permitted
source shall be available to satisfy the projected water needs of a proposed development, or use.
Approved and permitted sources shall include cisterns, wells, FKAA distribution systems,
individual water condensation systems, and any other system which complies with the Florida
standards for potable water.
a. Overall LOS: 100 gal./capita/day.
b. Minimum pressure: 20 pounds per square inch at customer service point.
c. Minimum quality: As defined by Chapter 62-550 F.A.C.
Policy 701.1.2: Monroe County shall maintain land development regulations which provide a
Concurrency Management System (See Capital Improvements Policy 1401.4.5). The Concurrency
Management System shall ensure that no certificate of occupancy or its functional equivalent will
be issued for new development unless adequate potable water supply, treatment, and distribution
facilities needed to support the development at the adopted level of service standards are available.
Solid Waste:
The Comprehensive Plan and the LDC require that "sufficient capacity shall be available at a solid
waste disposal site at a level of services of 11.41 pounds per capita per day. The county solid waste
and resource recovery authority may enter into agreements,including agreements under F.S. Section
163.01,to dispose of solid waste outside of the county. (LDC, Section 114-2(a)(2)).
Objective 80 L 1: Monroe County shall ensure that solid waste collection service and disposal
capacity is available to serve development at the adopted level of service standards.
[§163.3180(l)(b)., F.S.], [§163.3180(2)., F.S.]
Policy 801.1.1: Monroe County hereby adopts the following level of service standards to achieve
Objective 801.1, and shall use these standards as the basis for determining facility capacity and
the demand generated by a development. [§163.3180(2)., F.S.]
Level of Service Standards:
Disposal Quantity: 11.41 pounds per capita per day
Policy 801.1.2: Monroe County shall maintain land development regulations which provide a
Concurrency Management System(See Capital Improvements Policy 1401.4.5). The Concurrency
Management System shall ensure that no certificate of occupancy or its functional equivalent will
be issued for new development unless adequate solid waste collection and disposal facilities
needed to support the development at the adopted level of service standards are available
concurrent with the impacts of development.
10
Sanitary Sewer:
The Comprehensive Plan and LDC establish the capacity LOS and the wastewater treatment level
of service standards for sanitary sewers in Policy 901.1.1 of the Monroe County Year 2030
Comprehensive Plan.
Policy 901.1.1: Monroe County shall ensure that at the time a certificate of occupancy, or its
functional equivalent is issued, adequate sanitary wastewater treatment and disposal facilities are
available to support the development at the adopted level of service standards.
December 31, 2015, Level of Service Standards
(A)The permanent level of service standards for wastewater treatment in Monroe County are
as follows:
Mg/L
BOD TSS TN TP
On-site Sewage Treatment and Disposal System 10 10 10 1
Design flows less than 100,000 gpd(BAT) 10 10 10 1
Design flows greater than orequal to 100,000 gpd AWT 5 5 3 1
Source: Monroe County Sanitary Wastewater Master Plan,2000.
BOD: Biochemical Oxygen Demand
TSS: Total Suspended Solids
TN: Total Nitrogen
TP: Total Phosphorus
BAT: Best Available Technology
AWT: Advanced Wastewater Technology
(B) The County shall support State and Federal educational programs to reduce
demand for phosphate products.
(C) The capacity level of service standard: 167 gallons per day per EDU.
Policy 901.1.2: Monroe County shall maintain land development regulations which provide a
Concurrency Management System(See Capital Improvements Policy 1401.4.5). The Concurrency
Management System shall ensure that a certificate of occupancy or its functional equivalent will
not be issued for new development unless adequate sanitary wastewater treatment and disposal
facilities needed to support the development at the adopted level of service standards are available.
Parks and Recreation:
The Level of Service standards for parks and recreational facilities are included in Policy 1201.1.1
of the Monroe County Year 2030 Comprehensive Plan.
Policy 1201.1.1: Monroe County hereby adopts the following level of service standards to achieve
Objective 1201.1, and shall use these standards as the basis for determining recreation land and
facility capacity:
Level of Service Standards for Neighborhood and Community Parks:
1. 1.5 acres per 1,000 functional population of passive, resource-based neighborhood
11
and community parks; and
2. 1.5 acres per 1,000 functional population of activity-based neighborhood and
community parks within each of the Upper Keys, Middle Keys, and Lower Keys
subareas.
Schools:
The Comprehensive Plan does not establish a LOS standard for schools but does include Policy
1301.5.3 which requires the County to coordinate with the District School Board of Monroe
County on the siting and expansion of required facilities. LDC Section 114-2(a)(6) requires that
sufficient school classroom capacity shall be available to accommodate all school-age children to
be generated by the proposed development.
12
PERMITTING AND PUBLIC FACILITIES SERVICE AREAS
LDC Section 114-2(b)(2) Adequate Facilities and Review Procedures divides unincorporated
Monroe County into three (3) service areas for the purpose of assessing potential growth and how
public facilities can accommodate that growth. The boundaries mentioned in the Monroe County
Land Development Code have been revised to account for incorporations of the Village of
Islamorada and the City of Marathon.
Section 114-2(b)(2) defines the county's unincorporated public facilities service areas:
• Upper Keys Service Area: north of the Whale Harbor Bridge;
• Middle Keys Service Area: between the Seven Mile Bridge and Whale Harbor Bridge;
and
• Lower Keys Service Area: south(west) of the Seven Mile Bridge.
The map shows the three (3) service areas of the Keys as they are currently recognized.
MU oN ROE COUNTY
MAP
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13
I. GROWTH MANAGEMENT
GROWTH ANALYSIS
This section of the report examines the projected growth of Monroe County's permanent, seasonal
and functional population, occupied and vacant housing data, Rate of Growth Ordinance (ROGO)
and Nonresidential Rate of Growth Ordinance (NROGO) allocations and Building Department
permit data.
CENSUS DATA
The U.S. Census Bureau released some 2020 demographic information in August 2021. The
release of additional data has been delayed due to impacts related to the COVID-19 pandemic.
Census 2020 Census 2010 Change
Total Population 82,874 73,090 +9,784
Total Housing Units 53,892 52,764 +1,128
Occupied Housing Unit Rate 59.5% 61.8%
Occupied Housing Units (calculated) 32,066 321629 -563
Vacant Housing Units (calculated) 211826 (40.5%) 20,135 (38.16%) +1,691
The permanent population for the Florida Keys (unincorporated and incorporated) increased by
13% (9,784people) from the year 2010 to 2020. Total housing units increased by 1,128 units or
2%. The number of occupied units decreased by 563 units or 2%. Vacant units increased by 1,691
units or 8%. Further analysis will need to be conducted at a later date with the release of additional
2020 Census data.
The following tables provide 2010 summary information for Monroe County and the incorporated
municipalities. Information from the 2000 Census has been included for comparison purposes.
Census Census
1 Change
1 2 Change 000 2 0 0 C a e
POPULATION
City of Key West 25,478 24,649 -829 -3.25%
City of Marathon 101255 M97 -1195 8 -19.09%
City of Key Colony Beach 788 797 +9 1.14%
City of Layton 186 184 -2 -1.08%
Village of Islamorada 6,846 6,119 -727 -10.62%
Unincorporated Monroe Count 36,036 33,044 -21992 -8.30%
Total Population (Unincorporated County&Cities) 79,589 73,090 -61499 -8.17%
HOUSING UNITS
City of Key West 13,306 141107 +801 6.01%
City of Marathon 6,791 6,187 -604 -8.89%
City of Key Colony Beach 1,293 1,431 +13 8 10.67%
City of Layton 165 184 +19 11.15%
Village of Islamorada 5,461 502 +231 4.23%
Unincorporated Monroe Count 2401 25,163 +562 2.28%
Total Housing Units (Uninc. County&Cities) 51,617 52,764 +11147 2.22%
14
Total housing units (Uninc. County&Cities) 51,617 52,764 +1,147 2.22%
Occupied housing units (Uninc. County&Cities) 351086 32,629 -21457 -7.00%
Vacant housing units (Uninc. County&Cities) 161531 20,135 +31604 21.80%
% Vacant housing units (Uninc. County&Cities) 32.02% 38.16%
POPULATION ESTIMATES
Functional population is the sum of seasonal and permanent population estimates. Permanent
residents are people who spend all or most of the year living in Monroe County, and as such, exert
a relatively constant demand on all public facilities. Seasonal population figures are the number
of seasonal residents and visitors in the Keys on any given evening. They are composed of the
tourist population and residents spending less than six months in the Keys. The seasonal
population has a higher cyclical demand on public facilities like water, roads and solid waste.
The 2020 total population for Monroe County is 82,874 (2020 Census).
FUNCTIONAL POPULATION PROJECTIONS, 2020-2030
Year Permanent Seasonal Functional
2020 761900 82,151 1591051
25 20 761200 84,503 1601703
2030 751500 861855 1621355
Source: Monroe County 2012-2030 Population Projections, March 15, 2011, Keith and
Schnars, P.A. and Fishkind and Associates
UNINCORPORATED FUNCTIONAL POPULATION PROJECTIONS, 2020-2030
Year Permanent Seasonal Functional
2020 351374 3 7,120 721494
2025 351052 38,173 73,225
2030 341730 39,226 731956
Source: Monroe County 2012-2030 Population Projections, March 15, 2011, Keith and
Schnars, P.A. and Fishkind and Associates
UNINCORPORATED FUNCTIONAL POPULATION PROJECTIONS by service area,
2020-2030
Unincorporated Functional Population
Total
Year Unincorporated
Lower Keys Middle Keys Upper Keys
Monroe County
2020 401592 21234 291668 721494
2025 411003 21256 291966 731225
2030 411414 21278 301265 731957
Source: Monroe County 2012-2030 Population Projections, March 15, 2011, Keith and
Schnars, P.A. and Fishkind and Associates
15
The Fishkind & Associates population projections for the 2010-2030 planning period indicate a
loss of permanent population. The data suggests the permanent population losses and associated
increase in vacant housing units, shifting into an increase in seasonal population. Fishkind &
Associates estimates that while permanent population decreases at an average rate of less than one
percent every five years, seasonal population increases at an average rate of 2.57 percent every
five years; resulting in a shift in population from permanent to seasonal. Overall, functional
population or total population for the unincorporated County will increase at an average rate of
less than one percent, every five years, in the twenty year planning period.
The Florida Bureau of Economic and Business Research(BEBR)provides the following estimates:
Estimates Projections, April 1
April 1, 2020 2025 2030 2035 2040 2045
MONROE 77,823
Low 7300 72,200 70,500 681700 661700
Medium 781800 791400 7900 801000 801200
High 841300 871500 901100 921200 941200
The Florida Office of Economic and Demographic Research (EDR) provides the following
estimates:
Estimates Projections, April 1
April 1, 2020 2025 2030 2035 2040 2045
MONROE 779823 781799 791424 79,793 801020 801159
16
HOUSING
According to the U.S. Census, housing units are broken down into occupied and vacant units. The
Census defines housing units as "a house, apartment, group of rooms, or single room occupied or
intended for occupancy as separate living quarters." Occupied housing units are occupied if there
is "at least one person who lives in the unit as a usual resident at the time of the interview, or if the
occupants are only temporarily absent, for example, on vacation. However, if the unit is occupied
entirely by people with a usual residence elsewhere, the unit is classified as vacant, such as
seasonal units.
The table below provides total housing units and occupancy based on the 2020 Census:
Census 2020 Census 2010 Change
Total Housing Units 53,892 52,764 +1,128
Occupied Housing Unit Rate 59.5% 61.8%
Occupied Housing Units (calculated) 32,066 32,629 -563
Vacant Housing Units (calculated) 211826 (40.5%) 20,135 (38.16%) +1,691
The table below shows the housing units by status and tenure from the 2015-2019 American
Community Survey.
HOUSING UNITS BY STATUS AND TENURE BY UNITS IN STRUCTURE
2015-2019
(Monroe County-Unincorporated and Incorporated Areas)
HOUSING OCCUPANCY Estimates Percent
Total housing units 53,518 100.00%
Occupied housing units 32,068 59.9%
Vacant housing units 21,450 40.1%
UNITS IN STRUCTURE Estimates Percent
Total housing units 53,518 100.00%
1-unit, detached 2906 54.3%
1-unit, attached 31290 6.1%
2 units 2,488 4.6%
3 or 4 units 2,929 5.5%
5 to 9 units 2,554 4.8%
10 to 19 units 2,260 4.2%
20 or more units 4,3 89 8.2%
Mobile home 6,380 11.9%
Boat, RV, van, etc. 142 0.3%
HOUSING TENURE Estimates Percent
Occupied housing units 30,068 100.00%
Owner-occupied M078 59.5%
Renter-occupied 12,990 40.5%
Average household size of owner-occupied unit 2.26
Average household size of renter-occupied unit 2.36
Source: US Census 2019 American Community Survey
17
RESIDENTIAL RATE OF GROWTH ORDINANCE (ROGO)
Based on the Carrying Capacity and Hurricane Evacuation Studies, the Monroe County Board of
County Commissioners adopted Ordinance 016-1992 on June 23, 1992, creating the Residential
Dwelling Unit Allocation System known as the Rate of Growth Ordinance or ROGO. ROGO was
developed to limit the annual amount and rate of development commensurate with the County's
ability to maintain its hurricane evacuation clearance time; and to deter the deterioration of public
facility service levels, environmental degradation, and potential land use conflicts. It is used as a
tool to equitably distribute the remaining number of permits available both geographically and
over time. ROGO allows development subject to the ability to safely evacuate the Florida Keys
(the Keys) within 24 hours.
The annual allocation period, or ROGO year, is the 12-month period beginning on July 13, 1992,
(the effective date of the original dwelling unit allocation ordinance), and subsequent one-year
periods. The number of dwelling units which can be permitted in Monroe County has consequently
been controlled since July of 1992 (adoption of Ordinance 016-92).
Rule 28-20.140, F.A.C., and Comprehensive Plan Policy 101.3.2 regulate the number of permits
issued annually for residential development under ROGO. Monroe County can award up to 197
allocations per year within the unincorporated area. These allocations are divided between three
geographic subareas and are issued quarterly. Each year's ROGO allocation of 197 new units is
split with a minimum of 71 units allocated for affordable housing in perpetuity and market rate
allocations not to exceed 126 new residential units per year.
Rule 28-20.140(b), F.A.C., and Comprehensive Plan Policy 101.2.1 state:
"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".
LDC, Section 13 8-24(a)(2) establishes that ROGO allocations are to be awarded quarterly.
"Each subarea shall have its number of market rate housing residential ROGO allocations
available per ROGO quarter determined by the following formula:
a. Market rate residential ROGO allocations available in each subarea per quarter is equal to
the market rate residential ROGO allocations available in each subarea divided by four.
b. Affordable housing residential ROGO for all four ROGO quarters, including the
allocations available for Big Pine Key, shall be made available at the beginning of the first
quarter for a ROGO year. Beginning July 13, 2016, the balance of all remaining affordable
housing residential ROGO allocations shall be made available for award.
On January 22, 2020, the BOCC adopted Ordinances 005-2020 and 006-2020, amending
Comprehensive Plan Policy 101.3.2 and Land Development Code Section 13 8-24 to extend the
time period of the ROGO system through 2026 by distributing the final three (3) years of market
rate ROGO allocations over a 6-year period. For ROGO Years 29, 30, and 31, (July 13, 2020 —
July 12, 2023), the number of market rate allocations is reduced to 64 per year, rather than 126.
18
For ROGO Years 32, 33, and 34, (July 13, 2023 - July 12, 2026), the number of market rate
allocations will be 62 per year, as follows:
Annual Allocation
ROGO Year
Market Rate Affordable Housing
July 13, 2013 July 12,2014 126 71
July 13, 2014-July 12,2015 126 71
July 13, 2015 July 12,2016 126
July 13, 2016 July 12,2017 126
July 13, 2017 July 12,2018 126
July 13, 2018 July 12,2019 126
July 13, 2019 July 12,2020 126 568 total AFH
July 13, 2020 July 12, 2021 64 (total available
July ,13 2021 Jul 12, 2022 64 immediately)
y
July 13, 2022 July 12, 2023 64
July 13, 2023 July 12, 2024 62
July 13, 2024 July 12, 2025 62
July 13, 2025 July 12, 2026 62
TOTAL 11260 710
This change reduces the annual rate of additional new market rate residential development, to
address multiple purposes, such as hurricane modeling,land acquisition and so forth. Additionally,
this change should reduce the demands on public facilities based on new market rate residential
development.
TIER SYSTEM
On September 22, 2005, the BOCC adopted Ordinance 025-2005 which amended the
Comprehensive Plan to revise ROGO to utilize the Tier overlay as the basis for the competitive
point system. On March 15,2006,the BOCC adopted Ordinance 009-2006 to incorporate the Tier
System as a basis for implementing ROGO within the Land Development Regulations (LDRs).
The Tier System changed the service areas (subareas boundaries) mentioned in the Introduction.
It is the basis for the scoring of NROGO and ROGO applications and administrative relief. The
new ROGO and NROGO subareas are the Lower Keys(Middle Keys are not included in the Lower
Keys), Upper Keys, and Big Pine / No Name Keys. Tier Ordinance 009-2006 provides vesting
provisions and allows for allocation of an annual cap of 197 residential dwelling units.
The Tier System made changes such as subarea boundary districts for allocation distribution, the
basis of scoring applications, and administrative relief.
• During ROGO Year 14, Ord. 009-2006 was enacted changing the allocation number to 197
(126 market rate 71 affordable) pursuant to Rule 28-20.110, F.A.C. The same rule also
returned 165 allocations to the County to be used for affordable housing.
19
• By ROGO Year 15, the new Big Pine/No Name Key subarea was created. Of the 197 annual
allocations, 8 market rate and 2 affordable allocations were assigned to this subarea.
BIG PINE KEY AND NO NAME KEYS
Efforts to address the development impacts on the habitat of the Key Deer, Lower Keys Marsh
Rabbit and the Eastern Indigo Snake on Big Pine Key/No Name Key started in the mid-1980s. In
1998, Monroe County, the Florida Department of Transportation (FDOT) and the Department of
Community Affairs (DCA) signed a Memorandum of Agreement in which they committed to
develop a Habitat Conservation Plan (HCP) for these two Keys. The HCP was completed in April
2003.
The Livable CommuniKeys Program(LCP),Master Plan for Future Development of Big Pine Key
and No Name Key was adopted on August 18, 2004, pursuant to Ordinance 029-2004. The LCP
envisioned the issuance of 200 residential dwelling units over 20 year horizon at a rate of roughly
10 per year. A minimum of twenty percent (20%) of the 10 units per year is to be set aside for
affordable housing development (e.g. 2 units per year set aside for affordable housing.)
On June 9,2006, a Federal Incidental Take Permit(#TE08341 1-0,ITP) from the U.S. Federal Fish
and Wildlife Commission was issued to three (3)permittees: Monroe County, Florida Department
of Transportation, and the Florida Department of Community Affairs. The ITP ensures that
development bears its fair share of required mitigation and that the take of the covered species is
minimized and mitigated.
RATE OF GROWTH ORDINANCE (ROGO)ANALYSIS
UNINCORPORATED COUNTY MARKET RATE AND AFFORDABLE ROGO HISTORICAL
DATA YEARS 1-29
Market Rate Market Affordable Affordable
ROGO Rate Housing ROGO Housing
ROGO Year Allocations ROGO Allocations ROGO
Available Awarded Available Awarded*
Year 1 (July 14, 1992—July 13, 1993) 204 204 52 11
Year 2 (July 14, 1993—July 13, 1994) 243 231 52 9
Year 3 (July 14, 1994—July 13, 1995) 246 249 52 10
Year 4 (July 14, 1995—July 13, 1996) 245 263 52 40
Year 5 (July 14, 1996—July 13, 1997) 215 218 52 23
Year 6 (July 14, 1997—July 13, 1998) 211 197 77 56
Year 7 (July 14, 1998—July 12, 1999) 101 102 30 9
20
Year 8 (July 13, 1999-July 14,2000) 127 136 109 66
Year 9 (July 13, 2000-July 14,2001) 127 129 224 203
Year 10 (July 14, 2001 -July 15, 2002) 102 102 31 58
Year 11 (July 16, 2002-July 14, 2003) 127 127 31 31
Year 12 (July 13, 2003-July 14, 2004) 127 127 31 21
Year 13 (July 14, 2004-July 13, 2005) 96 96 29 16
Year 14 (July 14, 2005-July 13, 2006) 126 126 236 271
Year 15 (July 14, 2006-July 13, 2007) 126 129 49 17
Year 16 (July 14, 2007-July 14, 2008) 126 126 68 100
Year 17 (July 15, 2008-July 13, 2009) 206 242 67 36
Year 18 (July 14, 2009-July 12, 2010) 126 128 71 0
Year 19 (July 13, 2010-July 12, 2011) 126 119 71 0
Year 20 (July 13, 2011 -July 13, 2012) 126 92 71 4
Year 21 (July 13,2012-July 13, 2013) 126 43 71 0
Year 22 (July 13,2013-July 13, 2014) 126 90 71 9
Year 23 (July 13,2014-July 13, 2015) 126 106 71 1
Year 24 (July 13,2015-July 13, 2016) 126 126 71 45
Year 25 (July 12,2016-July 12, 2017) 126 126 742 6
Year 26 (July 13,2017-July 12, 2018) 126 126 587 12
Year 27(July 13, 2018-July 12, 2019) 126 124 565 1
Year 28 (July 13,2019-July 12, 2020) 126 111 332 343
Year 29 (July 13,2020-July 12, 2021) 64 64 63 11
Totals 4,015 31886 NSA 11409*
(not cumulative)
21
*Does not include Affordable Housing ROGO allocations reserved by the BOCC.
Source:Monroe County 2010-2030 Technical Document&Data from Quarterly ROGO Result Reports for Years 18-29; and
ROGO yearly tracking data.
There is a time lapse which occurs between the ROGO allocation date and the permit issuance
date. An allocation award expires when its corresponding building permit is not picked up after
sixty (60) days of notification by certified mail of the award, or upon expiration of the issued
permit. The historical data presented in the table above do not include allocations issued in Key
West, Key Colony Beach, Layton, Islamorada, or Marathon.
NON-RESIDENTIAL RATE OF GROWTH ORDINANCE (NROGO)
Monroe County adopted the Non-Residential Rate of Growth(NROGO)in 2001 in order to ensure
a reasonable balance between the amount of future non-residential development and the needs of
a slower growing residential population.
Monroe County Comprehensive Plan Policy 101.4.1 limits the County's availability of
nonresidential square footage that may be permitted. This policy assures that the balance of
residential to nonresidential development is maintained.
Policy 101.4.1 states:
"Monroe County shall maintain a Permit Allocation System for new nonresidential floor area,
known as the Nonresidential Rate of Growth Ordinance (NROGO) System. Monroe County shall
maintain a balance between residential and nonresidential growth by limiting the floor area of new
nonresidential development available within the County to maintain a maximum of 47,083 square
feet of floor area per NROGO year. The nonresidential allocation allowed by this policy shall be
distributed on an annual basis, pursuant to Policy 101.4.3. The NROGO allocation system shall
apply within the unincorporated area of the county, excluding areas within the county mainland
and within the Ocean Reef planned development (Future development in the Ocean Reef planned
development is based upon the December 2010 Ocean Reef Club Vested Development Rights
Letter recognized and issued by the Department of Community Affairs)."
Section 13 8-51 of the LDC establishes the annual award distribution of NROGO allocations.
Sec. 13 8-51 NROGO allocations.
Maximum amount of available floor area for the annual nonresidential ROGO allocations. The
annual amount of floor area available for allocation under NROGO shall be 47,083 square feet.
Beginning NROGO Year 22 (July 13,2013),this floor area shall be distributed to each of subareas
as provided in the following table:
ROGO subarea Annual NROGO allocation
Upper 229944 SF
Lower 211749 SF
Big Pine/No Name 21390 SF
Total 471083 SF
22
NON-RESIDENTIAL RATE OF GROWTH ORDINANCE (NROGO)ANALYSIS
A summary of square footage of non-residential floor area previously made available and allocated
in the unincorporated Keys from Year 14 (2006) to Year 29 (2021) is shown below.
NROGO ALLOCATIONS FOR UNINCORPORATED MONROE
COUNTY YEAR 14 (2006) TO YEAR 29 (2021)
(ExcludingBig Pine & No Name Key)
Year Amount Available Total Allocations Awarded
Year 14 (2006) 16,000 sq/ft 12,594 sq/ft
Year 15 (2007) 18,000 sq/ft 12,500 sq/ft
Year 16 (2008) 35,000 sq/ft 17,938 sq/ft
Year 17 (2009) 30,000 sq/ft 13,056 sq/ft
Year 18 (2010) 20,000 sq/ft 6,355 sq/ft
Year 19 (2011) 20,000 sq/ft 6,116 sq/ft
Year 20 (2012) 44,700 s /ft 8,234 s ./ft
Year 21 (2013) 44,700 sq/ft 2,500 sq/ft
Year 22 (2014) 47, 083 sq/ft 7,395 sq/ft
Year 23 (2015) 47, 083 sq/ft 2,484 sq/ft
Year 24 (2016) 471 083 sq/ft 1,756 sq/ft
Year 25 (2017) 47, 083 sq/ft 3,558 sq/ft
Year 26 (2018) 471 083 sq/ft 15,678 sq/ft
Year 27 (2019) 471 083 sq/ft 11,092 sq/ft
Year 28 (2020) 471 083 sq/ft 298 sq/ft
Year 29 (2021) 471 083 sq/ft 10,995 sq/ft
NROGO for the Big Pine/No Name Key subarea is treated differently given the Habitat
Conservation Plan (HCP) for the Key Deer and other protected species and the USFWS issued
Incidental Take Permit (ITP). Annually the amount of new nonresidential floor area allocated to
the Big Pine/No Name Key subarea is 2,390 square feet. A summary of allocations in these
environmentally sensitive keys is shown below.
NROGO ALLOCATIONS FOR BIG PINE/NO NAME KEYS
YEAR 15 (2007)-YEAR 29 2021)
Year Available Number of Total Allocations
Applicants Awarded
Year 15 (2007) 9,082 sq/ft 2 5,000 sq/ft
Year 16 (2008) 0 sq/ft 2 3,809 sq/ft
Year 17 (2009) 5,000 sq/ft 0 0 sq/ft
Year 18 (2010) 2,390 sq/ft 0 0 sq/ft
Year 19 (2011) 2,390 sq/ft 0 384 sq/ft
Year 20 (2012) 2,390 sq/ft 4 7,500 sq/ft
Year 21 (2013) 6,729 sq/ft 3 5,240 sq/ft
Year 22 (2014) 2,390 sq/ft 1 1,01 lsq/ft
Year 23 (2015) 2,390 sq/ft 2 728 sq/ft
Year 24 (2016) 2,390 sq/ft 0 0 sq/ft
23
Year 25 (2017) 2,390 sq/ft 0 0 sq/ft
Year 26 (2018) 2,390 sq/ft 0 0 sq/ft
Year 27 (2019) 2,390 sq/ft 0 0 sq/ft
Year 28 (2020) 2,390 sq/ft 0 0 sq/ft
Year 29 (2021) 2,390 sq/ft 0 0 sq/ft
BUILDING PERMIT DATA
There were 5,620 dwelling units that received a building permit from January 1,2000,to December
311 2020. Of these units, approximately 86.6 percent were single family homes and 7.8 percent
were mobile homes and recreational vehicles (RV). An average of 268 new and replacement
dwelling units per year were permitted from 2000 to 2020. Of the 5,620 dwelling unit permits issued,
2,324 were the result of obtaining a ROGO allocation. Of the 5,620 dwelling units permits issued, a
total of 5,207 dwelling units received a certificate of occupancy.
RESIDENTIAL/TRANSIENT BUILDING PERMIT ACTIVITY
JANUARY 1, 2000-DECEMBER 31, 2020
Mobile it Total Permits
Year g Duplex Home Permits
Single
y RV Issued Multi Hotel/ Issued Received
/
Family p Family Motel Under CO
ROGO
January 1,2000- 169 0 35 49 34 287 92 372
December 31,2000
January 1,2001- 153 0 13 55 1 222 118 261
December 31,2001
January 1,2002- 200 0 16 47 1 264 181 243
December 31,2002
January 1,2003- 228 0 12 38 28 306 161 290
December 31,2003
January 1,2004- 241 0 54 29 0 324 105 288
December 31,2004
January 1,2005- 361 8 2 28 0 399 160 288
December 31,2005
January 1,2006- 376 0 2 14 0 392 198 289
December 31,2006
January 1,2007- 380 0 0 13 0 393 103 317
December 31,2007
January 1,2008- 168 1 3 12 0 184 45 236
December 31,2008
January 1,2009- 197 0 0 4 0 201 4 140
December 31,2009
January 1,2010- 222 0 0 5 1 228 5 137
December 31,2010
January 1,2011- 162 0 0 2 0 164 165 202
December 31,2011
January 1,2012- 109 0 12 7 0 128 175 218
December 31,2012
January 1,2013- 174 0 0 25 0 199 103 144
December 31,2013
January 1,2014- 256 0 1 46 0 303 93 195
December 31,2014
January 1,2015- 209 0 44 27 1 281 197 267
December 31,2015
24
January 1,2016- 252 0 4 12 1 269 165 226
December 31,2016
January 1,2017- 199 0 28 4 1 232 67 232
December 31,2017
January 1,2018- 302 0 9 7 0 318 64 226
December 31,2018
January 1,2019- 293 0 1 5 0 299 70 319
December 31,2019
January 1,2020- 216 0 4 7 0 227 123 317
December 31,2020
TOTAL 4,867 9 240 436 68 5,620 29324 59207
Source:Monroe County Growth Management,August 2021
A total of 4,057 dwelling units were demolished from 2000 to December 31, 2020. The highest
demolition rate occurred in years 2018 and 2019 with 693 units demolished,presumably in response
to damage incurred by Hurricane Irma in September, 2017. An average of 193 dwelling units were
demolished per year between 2000 and 2020. At this time it is not possible to determine, whether a
demolition was for a single family, a mobile home, etc.
HOUSING DEMOLITION PERMITS
Year Residential
ea Demolitions
January 1, 2000-December 31, 2000 98
January 1, 2001-December 31, 2001 157
January 1, 2002-December 31, 2002 140
January 1, 2003-December 31, 2003 143
January 1, 2004-December 31, 2004 218
January 1, 2005-December 31, 2005 341
January 1, 2006-December 31, 2006 336
January 1, 2007-December 31, 2007 241
January 1, 2008-December 31, 2008 146
January 1, 2009-December 31, 2009 129
January 1, 2010-December 31, 2010 239
January 1, 2011-December 31, 2011 96
January 1, 2012-December 31, 2012 106
January 1, 2013-December 31, 2013 120
January 1, 2014-December 31, 2014 132
January 1, 2015-December 31, 2015 140
January 1, 2016- December 31, 2016 152
January 1, 2017- December 31, 2017 262
January 1, 2018- December 31, 2018 348
January 1, 2019- December 31, 2019 345
January 1, 2020- December 31, 2020 180
TOTAL 4,057
Source:Monroe County Growth Management, August 2021
25
IL TRANSPORTATION FACILITIES
Roads are one of the critical public facilities identified for biennial assessment in the Monroe
County Land Development(LDC). The Comprehensive Plan and LDC regulations require U.S. 1
to remain at a LOS C or higher and that all county roads to remain at a LOS D or higher. The
Monroe County Division of Public Works is charged with maintaining and improving secondary
roads within the boundaries of unincorporated Monroe County. The Florida Department of
Transportation (FDOT) is responsible for maintaining U.S. 1.
Monroe County has conducted travel time and delay studies of U.S. 1 on an annual or biennial
basis since 1991. The data collection for years 1991 through 1996 was conducted by the Monroe
County Planning Department, with assistance from the Monroe County Engineering Department,
and the Florida Department of Transportation. URS has collected the data for years 1997 through
2017, on behalf of the Monroe County Planning Department with assistance from the agencies
identified above. Beginning in 2019, data for the biennial US 1 Arterial Travel Time and Delay
Study has been collected by AECOM, the County's current transportation consultant.
The following are the travel time/delay data and findings from the 2021 US 1 Arterial Travel Time
and Delay Study.
The U.S.1 Arterial Travel Time and Delay Study's primary objective is to monitor the level of
service on U.S. 1 for concurrency management purposes pursuant to Chapter 163, Florida Statutes
and Section 114 of the Monroe County Land Development Code. The study utilizes an empirical
relationship between the volume-based capacities and the speed-based LOS methodology
developed for U.S. 1 in Monroe County, by the U.S. 1 Level of Service Task Force.
A county-imposed building moratorium results when the measured speeds of a segment OR the
overall travel speeds of the entire U.S. 1 fall below the adopted level of service thresholds; segment
level failure results in building moratorium specific to the area served by that particular segment
and the overall failure would result in a countywide moratorium. Although there has never been a
countywide moratorium, Big Pine Key between 1994 and 2002 experienced a localized
development moratorium. Due to the significant role of this study in the County's growth
management process, the accuracy of data collection and the results of this study are significant.
U.S. 1 (the Overseas Highway)is the only principal arterial serving people and visitors in the Keys.
The unique geography, land use patterns and trip making characteristics of the Florida Keys
present a challenge in developing and applying a reasonable and acceptable method to assess LOS.
Although U.S. 1 in the Florida Keys is predominantly an uninterrupted-flow, two-lane roadway,
its uniqueness warrants an alternative LOS evaluation process than found in the Highway Capacity
Manual.
A uniform method was developed in 1993 and amended December 1997 and February 2021 by
the U.S. 1 Level of Service Task Force to assess the level of service on U.S. 1. The adopted
method considers both the overall level of service from Key West to the mainland and the level of
service on 24 selected segments (See Table 1). The methodology was developed from basic
criteria and principles contained in Chapter 7 (Rural Multilane Highways), Chapter 8 (Rural Two-
Lane Highways) and Chapter 11 (Urban and Suburban Arterials) of Highway Capacity Manual.
The methodology establishes a procedure for using travel speeds as a means of assessing the level
of service and reserve capacity of U.S. 1 in the unique setting of the Florida Keys.
26
The travel speeds for the entire 108-mile stretch of U.S. 1 and the 24 individual segments are
established by conducting travel time runs during the peak season. The peak season, for the
purpose of this study, has been established by the task force as the six-week window beginning
the second week of February and ending the fourth week of March.
Overall speeds are those speeds recorded over the 108-mile length of the Keys between Key West
and Miami-Dade County. Overall speeds reflect the conditions experienced by long distance trips
or traffic traveling the entire length of the Keys. Given that U.S. 1 is the only principal arterial in
unincorporated Monroe County, the movement of long distance traffic is an important
consideration.
Monroe County has adopted a LOS C Standard for U.S. 1. Further, 45 mph has been adopted as
the LOS C Standard for the entire length of U.S. 1 regardless of the posted speed limits. Under
the adopted growth management process, if the overall LOS for U.S. 1 falls below the LOS C
Standard, then no additional land development will be allowed in the Florida Keys.
Segment speeds are the speeds recorded within individual links of U.S. 1. The segments were
defined by the Task Force to reflect roadway cross-sections, speed limits, and geographical
boundaries. Segment speeds reflect the conditions experienced during local trips. Given that U.S.
1 serves as the "main street" of the Keys, the movement of local traffic is also an important
consideration on this multi purpose highway.
A comparison of average posted speed limits and the average travel speeds for individual segments
leads to the level of service on the respective segments along U.S. 1. The difference between the
segment travel speeds and the LOS C Standard is called reserve speed. The reserve speed is
converted into an estimated reserve capacity of additional traffic volumes and corresponding
additional development. If the travel speed falls below the LOS C Standard, additional trips
equivalent to 5% of LOS C capacity are allowed, to accommodate a limited amount of land
development to continue until traffic speeds are measured again during the next biennial study or
until remedial actions are implemented.
Table I
U.S. 1 Segments and Mile Markers
Segment Mile Segment Segment Mile Segment
Number Marker Name Number Marker Name
1 4-5 Stock Island 13 47-54 Marathon
2 5-9 Boca Chica 14 54-60.5 Grassy
3 9-10.5 Big Coppitt 15 60.5-63 Duck
4 10.5-16.5 Saddlebunch 16 63-73 Long
5 16.5-20.5 Sugarloaf 17 73-77.5 Lower Matecumbe
6 20.5-23 Cudj oe 18 77.5-79.5 Tea Table
7 23-25 Summerland 19 79.5-84 Upper Matecumbe
8 25-27.5 Ramrod 20 84-86 Windley
9 27.5-29.5 Torch 21 86-91.5 Plantation
10 29.5-33 Big Pine 22 91.5-99.5 Tavernier
11 33-40 Bahia Honda 23 99.5-106 Key Largo
12 40-47 7-Mile Bridge 24 106-112.5 Cross Key
27
The travel time, delay, and distance data were collected by AECOM staff. The data were recorded
by date, day of the week, time of the day, and direction. The field data collection took place
between March 7, 2021, and March 20, 2021. Fourteen(14)round trips were made to successfully
complete the twenty-eight(28)required northbound and southbound runs. These runs represent a
sample of two runs of each day of the week. Every one of the twenty-eight travel time run data
sheets was quality checked. The seven-day, 24-hour traffic data were collected in Islamorada,
Marathon, and Big Pine Key from March 15,2021,to March 21,2021, concurrently with the travel
time runs.
Traffic Volumes
U.S. 1 is predominately a four-lane facility in Marathon and a two-lane facility in Upper
Matecumbe and Big Pine Key. Seven-day continuous traffic counts recorded at three locations
along U.S. 1 yielded the following average daily traffic (ADT) and annual average daily traffic
(AADT) volumes for 2021. These volumes for 5-day and 7-day are averages of the raw volumes
counted. The volumes have been adjusted using 2019 seasonal and axle factors to estimate the
2021 AADT's. The traffic counts were recorded between March 15, 2021, to March 21, 2021.
LOCATION 5-DAY ADT 7-DAY ADT AADT
Big Pine Key MM 29 221799 2209 19,427
Marathon MM 50 381262 36,739 32,430
Upper Matecumbe (MM 84) 26,152 26,908 23,751
The 2021 AADT increased in Bi Pine (1.99%) and Upper Matecumbe (3.07%) Keys but
decreased in Marathon Key (-6.300/0 compared to 2017.
Similarly, the 2021 AADT increased in Big Pine (3.59%) and Upper Matecumbe (6.48%) Keys
but decreased in Marathon Key(-11.67%) as compared to 2019. A detailed historical comparison
of the US 1 traffic counts for the period from 1996 to 2021 is presented in Appendix D. A
comparison of the most recent data (2009 to 2021) is presented in a Table and graph on pages
29 and 30, respectively.
US 1 historical traffic growth is depicted in a regression analysis on page 31. A linear regression
analysis of the AADT at each of the three locations over the last 25 years indicates that there is
a slight increase in overall traffic growth at the Marathon and Upper Matecumbe count locations,
and an overall decreasing trend in traffic volumes for the Big Pine count location (but the last
13-year data shows an increasing trend).
28
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Overall Speeds
Overall speeds are those speeds recorded over the 108-mile length of US 1 in the Keys between
Key West and Miami-Dade County line. Overall speeds reflect the conditions experienced during
long distance or through trips. Given that U.S. 1 is the only principal arterial in Monroe County,
the movement of through traffic is an important consideration.
The levels of service (LOS) criteria for overall speeds on U.S. 1 in Monroe County, as adopted by
the Task Force, are as follows:
LOS A 51.0 mph or above
LOS B 50.9 mph to 48 mph
LOS C 47.9 mph to 45 mph
LOS D 44.9 mph to 42 mph
LOS E 41.9 mph to 36 mph
LOS F below 36 mph
The overall median speed during the 2021 ATTDS was 45.5 mph,which is 0.9 mph higher than the
2019 median speed of 44.6 mph, and 0.5 mph lower than the 2017 median speed of 46 mph. The
median speed corresponds to LOS C. The highest overall speed recorded during the 14-day
ATTDS was 49.6 mph(0.9 mph lower than the 2019 highest overall speed of 50.5 mph), which
occurred on Monday, March 15, 2021 in the southbound direction. The lowest overall speed
recorded was 35.5 mph(2.3 mph lower than the 2019 lowest overall speed of 37.8 mph), which
occurred on Saturday, March 20, 2021 in the southbound direction.
Segment Speeds
Segment speeds are the speeds recorded within individual links of U.S. 1. The segments were
defined by the Task Force to reflect roadway cross-sections, speed limits, and geographical
boundaries. Segment speeds reflect the conditions experienced during local trips. Given that U.S.
1 serves as the "main street" of the Keys, the movement of local traffic is also an important
consideration on this multipurpose highway.
The level of service criteria for segment speeds on U.S. 1 in Monroe County depends on the flow
characteristics and the posted speed limits within the given segment. The criteria, listed by type
of flow characteristic, are summarized below.
Interrupted Flow
LOS A>_ 35 mph
LOS B>_ 28 mph
LOS C>_ 22 mph
LOS D>_ 17 mph
LOS E>_ 13 mph
LOS F < 13 mph
32
Uninterrupted Flow
LOS A 1.5 mph above speed limit
LOS B 1.5 mph below speed limit
LOS C 4.5 mph below speed limit
LOS D 7.5 mph below speed limit
LOS E 13.5 mph below speed limit
LOS F more than 13.5 mph below speed limit
For all "uninterrupted" segments containing isolated traffic signals, the travel times were reduced
by 35 seconds per signalized intersection and 3 seconds per pedestrian signal to account for delay
due to signals. The Marathon and the Stock Island segments are considered "interrupted" flow
facilities, which are evaluated using the interrupted flow LOS criteria shown above. Therefore, no
adjustments (to account for delay at signals) were made to travel times in these segments.
The segment limits, median travel speeds, and Level of Service (for 2017 and 2021) for each
segment are presented in Figure 3. The median segment speed ranged from 59.9 mph in the Boca
Chica segment to 34.7 mph in the Plantation segment. The following is a summary of LOS
changes, as compared to 2017:
LOSu
,t k. t `aft bor M dill f r I r(20) U Matec;-umbe(19'
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Compared to 2017 results, the median segment speeds increased in 13 of the 24 segments,ranging
between 0.2 mph and 10.6 mph, and decreased in 11 segments,ranging from-0.1 mph to-5.8 mph.
The largest increase in speed (+10.6 mph) was recorded in Segment # 1 (Stock Island- MM 4.0
to MM 5.0); The largest reduction in speed (-5.8 mph) was recorded in Segment# 21 (Plantation
-MM 86.0 to MM 91.5).
Compared to 2019 results, the LOS increased in seven of the 24 segments, and decreased in two
segments. The LOS did not change in the remaining segments. The most significant LOS changes
recorded in Segments # 18 (Tea Table - MM 77.5 to MM 79.5; LOS changed from `D' to LOS
`A'),#20(Windley-MM 84.0 to MM 86.0; LOS changed from `D' to LOS `C') ,#21 (Plantation
-MM 8 6.0 to MM 91.5; LOS changed from `D' to LOS `C'),# 16 (Long-MM 63.0 to MM 73.0;
LOS changed from `B' to LOS `C'), and # 24 (Cross - MM 106.0 to MM 112.5; LOS changed
from `B' to LOS `C').
Compared to 2019 results, the median segment speeds increased in 15 of the 24 segments, ranging
between 0.3 mph and 7.0 mph, and decreased in nine segments, ranging from -0.1 mph to -2.1
mph. The largest increase in speed (+7.0 mph) was recorded in Segment# 1 (Stock Island-MM
33
4.0 to MM 5.0); The largest reduction in speed (-2.1 mph) was recorded in Segment# 16 (Long—
MM 63.0 to MM 73.0).
Reserve Capacities
The difference between the median speed and the LOS C Standard speed gives the reserve
speed, which in turn can be converted to an estimated reserve capacity. The overall median
speed of 45.5 mph compared to the LOS C standard of 45 mph results in a positive overall
reserve speed of 0.5 mph. This reserve speed is converted into an estimated number of reserve
trips using the formula below:
Reserve Volume = Reserve Speed x K x Overall Length
Trip Length
Reserve Volume = Reserve speed x 1656 daily trips/mph x 112 miles
10 miles
Applying the formula for reserve volume to each of the 24 segments of US 1 individually gives
maximum reserve volumes for all segments totaling 105,865 trips. These individual
reserve volumes may be unobtainable, due to the constraint imposed by the overall reserve
volume.
County regulations and MOT policy allow segments that fail to meet the LOS C
standards to receive an allocation not to exceed five percent below the LOS C standard. The
so-called five percent allocations were calculated for such segments as follows:
5%Allocation= (median speed- 95% of LOS C) x 1656 x Length
Trip Length
In 2021, there were two (2) segments identified to be functioning below the LOS C threshold -
Upper Matecumbe (Segment#19) and Windley (Segment #20). Both segments are in the Village
of Islamorada.
The two segments identified above have depleted their reserve capacities, leaving-2,187 trips in
Upper Matecumbe (Segment#19) and 271 trips in Windley (Segment#20) based on the 5%
below LOS C allocation.
The table on page 34 details the segment levels of service and reserve capacity values for each
segment.
34
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SUMMARY
The following is a summary of the 2021 Travel Time and Delay Study results as compared to the
2017 Travel Time and Delay Study:
a) The average traffic volumes have increased in Big Pine (2.00%) and Upper Matecumbe
(3.07%) Keys but have decreased in Marathon Key (-6.30%) as compared to 2017.
b) The overall travel speed on US 1 based on the 2021 study is 45.5 mph, which is 0.5 mph
lower than the 2017 overall travel speed.
c) As compared to the 2017 data, the median travel speeds in 13 of the 24 segments have
increased. They are:
--Stock Islaind(+10.6 mph' ), T'o(r,,c,h,,(+l ljpiph
BocaRine
Q" .„i u; p Imo;
eig'c pp"Itt, 0,9 mph)__ ia Ho I
(0.7 mph)
Saddlebunich �,,'+0.2 mph'), �Marathon
mph
(: v i i`
,, r " t n 141.1 mph) I:EKILargo, !i. 6
MI l
Median travell speeds, in 11 segments have, delicrelased. Thife-y are."",
C,lud 4.,3,�m ph) L M_,Atecum bile, 1.,6 mp h) -vi,:,,tita, e,of Islamo F,ada
7'-Xiie Brid kAl OL.1LA!
.m
Grassy J'1-01 mph), U c
U * . m U KIWI' l d ! U u i,111 a I farz,toradii
! U° Y � C Y w,u
Cross ` ,,.
d) As compared to the 2017 study, there are LOS changes in nine of the 24 segments — the
LOS for five segments have improved, and the LOS for four segments have degraded.
e) Segment #19 (Upper Matecumbe — MM 79.5 —MM 84.0) changed from LOS `D' to `E'.
Segment#20 (Windley—MM 84.0—MM 86.0)LOS changed from LOS `C' to `D'. These
two segments have no reserve capacity and should be given special attention.
f) There were two drawbridge delay events during the 2021 study(accounted for 12 minutes,
with an average delay of 6 minutes), as compared to no drawbridge delay events during the
2017 study.
g) There were 10 construction delay events in 2021 (accounted for 2 hours 14 minutes and
56 seconds), as compared to no construction delay events in 2017.
36
h) There were 124 signal related delay events in 2021, resulting in 1 hour and 8 seconds of
delay, as compared to 2 hours 10 minutes and 29 seconds in 2017. The signal delay events
contributed to an average of 2 minutes and 9 seconds of delay per trip, which is lower than
the 2017 average signal delay per trip of 4 minutes and 30 seconds.
i) Segments with reserve speeds of less than or equal to 3 mph should be given particular
attention when approving development applications. Based on the 2021 study,there are six
segments in this category (same number of segments as in the 2017 study).
® ` V
� —91.5) q
Following is a summary of the 2021 Travel Time and Delay Study results compared to the 2019
Travel Time and Delay Study:
a) The average traffic volumes have increased in Big Pine (3.59%) and Upper Matecumbe
(6.48%) Keys but have decreased in Marathon Key (-11.67%) as compared to 2019.
b) The overall travel speed on US 1 based on the 2021 study is 45.5 mph, which is 0.9 mph
higher than the 2019 overall travel speed.
c) As compared to the 2019 data, the median travel speeds in 15 of the 24 segments have
increased. They are:
Stock Island ('+7.,0 mph - Big Pin�e 13, mph)
ca ChIca (+&I mph) - Bahia n
oil Big Cloppitt" (+1.14,mph) M Wjrath,on (+11.7 mph)
Saddle a + . mph) -Grassy (+0,.,'7 mph)
—Sugarloaf(40.7mph), 1+23 ji-Village of Istamorada
..... m cyojo.
-t .,.7 ��. L .........� ,� ,� ,�m.�,�m... „Tavern er �, ,..2'4' . 'ph..).,..mm... ...............
m..mmm. mm..m.,m., mm., mm
1 --Summie�riand (+0.9,mph)_ w 'Key,,L,arlig,O,(,+O.,,81"m�p,h),'',,
- (410.7' mph)
diiia j, travel speeds in 9,segments have de,creased. T'hey a.re,:-,
Ramrod (-0.2 mph) -,L, Mateclumbe (-1.4 mph) -Vittage of Isliamorada
71- ile Bridge 4,2 - iea Table -0.3 m -VIllage,of Islamorada
� Icl -0. m - U Miatecumbe (4.111 mph) -Village Islamorada
(1-2'.1 mph) 'Plantation, mp,,h),-vill'age ofislamarada
Cro,sls (4.1 mph)
d) As compared to the 2019 study, there are LOS changes in nine of the 24 segments—the
LOS for seven segments have improved, and the LOS for two segments have degraded.
37
e) Segment# 20 (Windley—MM 84.0—MM 86.0) LOS changed from LOS `E' to `D'. The
LOS for Segment#19 (Upper Matecumbe—MM 79.5 —MM 84.0) remained at LOS `E'.
These two segments have no reserve capacity and should be given special attention.
f) There were two drawbridge delay events during the 2021 study, the same as the 2019
study. Drawbridge delays accounted for 12 minutes, with an average delay of 6 minutes.
g) There were 10 construction delay events in 2021 (accounted for 2 hours 14 minutes and
56 seconds), as compared to one construction delay event (accounted for 9 minutes and
55 seconds) in 2019.
h) There were 124 signal related delay events in 2021, resulting in 1 hour and 8 seconds of
delay, as compared to 1 hour 51 minutes and 49 seconds in 2019. The signal delay events
contributed to 2 minutes and 9 seconds of delay per trip on an average, which is lower
when compared to the 2019 average signal delay per trip of 4 minutes.
The following is a list of considerations for review:
1) Under the adopted growth management process, if the overall LOS for US 1 falls below the
LOS C Standard, then no additional land development will be allowed unless mitigation
measures are implemented. Roadway widening is a typical mitigation measure (or capacity
improvement) used by most agencies. However, in Monroe County, road widening
(specifically along US 1) is restricted by the adopted comprehensive plan policies to preserve
and protect the fragile ecological conditions. There are other remedies that could be explored
and evaluated to improve the traffic flow and capacity along US 1. Some examples include:
• Upgrade the traffic signal infrastructure and/or signal timing at signalized intersections
along US 1 to enhance traffic flow.
• Provide or improve transit service or other multi-modal transportation alternatives.
• Implement active traffic management and Transportation System Management &
Operation type improvements, which include real-time monitoring of traffic flow and
implementing measures to address traffic congestion.
• Add turn lanes at strategic locations to improve roadway capacity.
• Implement access management improvements (consolidate driveways/access points,
modify median openings, etc.) to reduce interruptions to US 1 traffic.
• Provide and/or improve frontage roads to reduce the impacts to US 1 traffic flow. Improve
local roads to minimize US 1 being used as a local street for short trips.
• Do not allow new traffic signals along US 1, if a safe and/or less restrictive alternative
(such as indirect left-turns, a roundabout, etc.) can be provided to accommodate traffic
movements.
38
• Conduct speed studies on selected segments of US 1 to confirm if the current posted speed
limits are correct and modify, if necessary.
2) This is the first Travel Time and Delay Study conducted after the COVID-19 pandemic. The
traffic volumes were observed to increase in some areas and decrease in other areas, as
compared to 2019 and 2017 studies. Therefore, the travel time impacts due to the pandemic
appear to be very minimal.
U.S. 1 is a state maintained roadway. Therefore, any modifications/ improvements to U.S. 1 have
to be developed in collaboration with the Florida Department of Transportation.
CONCURRENCY REVIEW- TRANSPORTATION/ROADWAY LEVEL OF SERVICE
The Monroe County Comprehensive Plan and Land Development Code (LDC) require that all
development and redevelopment taking place within unincorporated Monroe County do not result
in a reduction of the level of service requirements, including transportation facilities. The Monroe
County Comprehensive Plan and LDC have adopted level of service (LOS) standards for roads,
particularly US Highway 1, which is part of the Florida Department of Transportation (FDOT)
State Highway System.
Policy 301.1.2
For U.S. 1, Monroe County hereby adopts a level of service (LOS) standard of C, as
measured by the methodology established by the U.S. 1 LOS Task Force and adopted by
the Board of County Commissioners in August 1991. The level of service on U.S. 1 shall
be maintained within five percent(5%) of LOS C.
Sec. 114-2. - Adequate Facilities and Review Procedures.
(a) Level of Service Standards (LOS). All development shall be served by adequate public
facilities in accordance with the following standards:
(1) Transportation/Roadways.
a. U.S. 1 shall have sufficient available capacity to operate at LOS C for the overall
arterial length and the 24 roadway segments of U.S. 1, as measured by the U.S.
1 Level of Service Task Force Methodology, at all intersections and roadway
segments. In addition, all segments of U.S. 1, as identified in the U.S. 1 Level of
Service Task Force Methodology, which would be impacted by a proposed
development's access to U.S. 1, shall have sufficient available capacity to operate
at LOS C.
b. Development may be approved, provided that the development in combination
with all other permitted development will not decrease travel speed by more than
five percent (5%) below LOS C, as measured by the U.S. 1 Level of Service
Task Force Methodology. While development may be approved within 5% of
LOS C, the proposed development shall be considered to have an impact that
needs mitigation. Development mitigation may be in the form of specific
improvements or proportioned shared contribution towards improvements and
strategies identified by the County, and/or FDOT to address any level of service
39
degradation beyond LOS C and/or deficiencies.
This LOS standard is used within the County's Concurrency Management System to review
development proposals and ensure that the transportation facilities needed to serve development
will be in place when the impacts of the development occur; to evaluate any potential degradation
in the adopted LOS; and to determine the need for improvements in order to achieve and maintain
the adopted LOS standard.
Policy 101.1.5
Transportation facilities needed to serve new development shall be in place when the
impacts of the development occur. If transportation facilities are needed to ensure that the
adopted level-of-service standards are achieved and maintained, prior to commencement
of construction, a developer is required to enter into a binding and legally enforceable
commitment to the County to assure construction or improvement of proportionate share
of required improvements,or to assure the provision of the proportionate share contribution
of the costs for the necessary transportation facilities. The development of a single family
residential unit shall be considered de minimis and shall not be subject to this requirement.
Policy 301.2.3
Monroe County shall not permit new development which would significantly degrade the
LOS below the adopted LOS standards on U.S. 1 (overall) unless the proportionate share
of the impact is mitigated. The development of one single family residential unit, on a
single parcel, shall be considered de minimis and shall not be subject to this requirement.
A five percent projected decrease in travel speeds, below LOS C, is a significant
degradation in the level of service on U.S. 1. Traffic volume which exceeds the LOS D
standard by more than five percent is a significant degradation in the level of service on
any other County road.
Although the 2021 US 1 Arterial Travel Time and Delay Study shows that overall US 1 and all
segments within unincorporated Monroe County are operating at a LOS C or greater, per LDC
Section 114-2, concurrency review for proposed development within the unincorporated county
takes into account all other permitted development since the time of the 2021 study as well.
Development may only be approved if the proposed development in combination with all other
permitted development will not decrease travel speed by more than five percent (5%) below LOS
C for the overall length of US 1 or for any individual segment. While development may be
approved within 5% of LOS C, the proposed development shall be considered to have an impact
that needs mitigation. Concurrency must be satisfied at the time a development permit is issued;
at the time a certificate of occupancy; or through a binding contract or agreement for the necessary
facility and/or service improvements or proportionate share contribution.
40
III. POTABLE WATER
The Florida Keys Aqueduct Authority(FKAA) is the sole provider of potable water in the Florida
Keys. FKAA's primary water supply is the Biscayne Aquifer, a shallow groundwater source. The
FKAA's wellfield is located within an environmentally protected pine rockland forest west of
Florida City. The location of the wellfield near Everglades National Park, along with restrictions
enforced by state and local regulatory agencies, contributes to the unusually high water quality.
These wells contain some of the highest quality groundwater in the state, meeting all regulatory
standards prior to treatment. Additionally, the FKAA is continually monitoring, assessing, and
working to eliminate potential hazards to our water source, including inappropriate aquifer
utilization, unsuitable land uses, and the potential for saltwater intrusion.
The groundwater from the wellfield is treated at the FKAA's Water Treatment Facility in Florida
City, which currently has a maximum water treatment design capacity of 29.8 million gallons per
day(MGD). The primary water treatment process is a conventional lime softening/filtration water
treatment plant and is capable of treating up to 23.8 MGD from the Biscayne Aquifer. The
secondary water treatment process is the newly constructed Reverse Osmosis water treatment plant
which is capable of producing 6 MGD from the brackish Floridan Aquifer. The product water
from these treatment processes is then disinfected and fluoridated. The FKAA treated water is
pumped 130 miles from Florida City to Key West supplying water to the entire Florida Keys.
The FKAA maintains storage tank facilities which provide an overall storage capacity of 45.2
million gallons system wide. The sizes of tanks vary from 0.2 to 5.0 million gallons. These tanks
are utilized during periods of peak water demand and serve as an emergency water supply. Since
the existing transmission line serves the entire Florida Keys (including Key West), and storage
capacity is an integral part of the system, the capacity of the entire system must be considered
together, rather than in separate service districts.
Also, the two saltwater Reserve Osmosis (RO) plants, located on Stock Island and Marathon, are
available to produce potable water under emergency conditions. The RO desalination plants have
design capacities of 2.0 and 1.0 MGD, respectively.
At present,Key West and Ocean Reef are the only areas of the County served by a flow of potable
water sufficient to fight fires. Outside of Key West, firefighters rely on a variety of water sources,
including tankers, swimming pools, and salt water either from drafting sites on the open water or
from specially constructed fire wells. Although sufficient flow to fight fires is not guaranteed in
the County, new hydrants are being installed as water lines are replaced to make water available
for fire-fighting purposes and pump station/tank facilities are being upgraded to provide additional
fire flow and pressure. A map of the key FKAA transmission and distribution facilities is shown
in Figure 3.1.
41
'R .... E ....AQ . ICI T I !� I
Figure 3.1 TRANSMISSION II TRIB TI
SYSTEM OVERVIEW
4,5.2 MIG STORAGE CAPACITY
�RRRRRm
15, FLORIDA"CITY
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Demand for Potable Water
The Figures 3.2, 3.3 and 3.4 provides an overview of the water demands in the FKAA service area
including Water Use Permit(WUP) allocation limits,yearly percent changes, and remaining water
allocations. In March 2008, South Florida Water Management District (SFWMD) approved the
FKAA's modification of WUP 13-00005-5-W for a 20-year allocation from the Biscayne and
Floridan Aquifers. As shown in Figure 3.5, the WUP provides an annual allocation of 8,751
Million Gallons (MG) or 23.98 MGD and a maximum monthly allocation of 809.01 MG with a
limited annual withdrawal from the Biscayne Aquifer of 6,492 MG
In order to meet the requirements of this limitation,the FKAA constructed a new Floridan Aquifer
Reverse Osmosis (RO) water treatment system. This RO water treatment system is designed to
withdraw brackish water from the Floridan Aquifer, an alternative water source approximately
1,000 feet below the ground surface, and treat the water to drinking water standards. The RO
water treatment plant provides added capability to limit Biscayne aquifer withdrawals and is
designed to meet current and future water demands. The RO water treatment system provides an
additional 6.0 MGD of potable water.
Along with the new reverse osmosis water treatment plant, compliance with withdrawal limits can
also be accomplished by using other alternative water sources (blending of the Floridan Aquifer,
42
reclaimed water and operation of the RO desalination plants),pressure reduction,public outreach,
and assistance from municipal agencies in enforcing water conservation ordinances.
Figure 3.2. Annual Water Withdrawals 2002-2019
Annual,
Year Withdrawal hen e iTI�Limit iTI�+/-Annual
(MG) Allocation(MG)
(MG)'
2002 61191 10.03% 7,274 11083
2003 6,288 1.57% 7,274 986
2004 6,383 2.74% 7,274 813
2005 6,477 0.16% 7,274 803
2006 6,283 -2.49% 7,274 964
2007 5,850 -7.35% 7,274 1,428
2008 5,960 1.89% 8,751 2,791
20092
5,966 0.09% 8,751 21785
2010 51919 -0.79% 81751 21832
2011 61327 6.89% 8,751 2,424
2012 6,042 -4.50% 8,751 2,709
2013 6,105 1.04% 8,751 21646
2014 6,377 4.46% 8,751 21374
2015 6,530 2.40% 8,751 2,221
2016 6,462 -1.04% 8,751 2,289
2017 6,324 -2.13% 8,751 2,427
2018 6,526 3.10% 8,751 2,225
2019 6,809 4.16 8,751 11942
Source: Florida Keys Aqueduct Authority, 2021
43
Figure 3.3. 2020-2021 Potable Water Demand Summary
FLORIDA KEYS AQUEDUCT AUTHORITY
Potable Water Demand Summary- ewe Water Demand,Actua I-Water Demand and Expected Water Demand
Year-2,020 Year-2020 'Yea r 2,02 1,
New Water Service- Metered Water-Ga ilonsNear Actual Water Demanid- Expected Water,Demand
Municipality, Gaftans,Near Gall onsNear" -Galtons,,Near
Unincorporated Monroe Gounty 1,5168,600 2,258�,801,352 2,933,092,284 2,934,66,011,aB4,
City ofKey WeM 1,227,500 1,494,197,1833, 1,940,214,1505 11,941,469,005
City of Maraqian 258,100 590,319,098 766,539,470 766,797,570
City of Key Coion 116,185,572' 150,868,957 150,8192,557
City,of Layton 0 10768,347 13,982,883 13,982,883
City of Msllarnoirada 4,13,000 663,275,728, 861,274,905 861,6187,905
Entire Florida,Keys 3,490,800 5,133,547,930 6,666,01100,004, 6�669,49,0,804
SFVVIMD WUP'Annual Allocation 87751110001000 8,7511100,0,00,0
meterml+unm,deried water demand i .Rahing,leaks,Ar.
As shown in Figure 3.3, FKAA expected 2021 water demands for the entire Florida Keys is 6,669
Million Gallons and can be accommodated within the South Florida Water Management WUP
annual allocation of 8,751 Million Gallons (MG). For unincorporated Monroe County, the 2020
actual demand was 2,933 MG and this is expected to slightly increase to 2,934 MG for 2021.
Figure 3.4. FKAA Water Supply Available vs. Water Demand Projections through 2030
30 -
25 ................. .................
...................................................
20 ..........
.............................................. .................................................
N=Floridan BIend arid'Bypasis(mgdl
Pr o p as e d R a c I a f m ea d W agar
LA15 . .................................................. ................................................... .............................................. ................................................... ............................................ ........................................ ............."I VMM Reve rse-Os mos i's W TP(mg d)
0
1110M Biscayne AqUifer
M (Mgd)
==�,Adju steel,2020 Avg,.Da IProjactions
0,
Avg Day Projectlons thrU 2026
5
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rqa Irq rq, rq rqII V
44
As shown in Figure 3.4, the FKAA water demand projections through 2030, based on the two
projections provided by FKAA, can be fulfilled through the use of the Biscayne permitted water
supply of 17.79 MGD, the 6.0 MGD RO water treatment plant, the new reclaimed water systems,
and the ability to operate the 3.0 MGD RO desalination plants during emergency situations.
As shown in Figure 3.5, in 2020,the FKAA distributed an annual average of 17.23 MGD from the
Biscayne Aquifer plus 0.93 MGD from Floridan RO Production. This table also provides the water
treatment capacities of the emergency RO plants. Since the emergency RO plants utilize seawater,
a WUP is not required for these facilities.
Figure 3.5 - Projected Water Demand in 2021 (in MG)
FKAA 2021 Water
2020'Water
Permit Demand
Demand . .
Thresholds Projected,
Annual Allocation (Raw Water)
Average Daily Demand 23.98 18.41 20.25
Maximum Monthly Demand 809.01 612.65 654.20
Annual Demand 8,751 6,736 7,392
Biscayne Aquifer Annual
Allocation/Limitations (Raw Water)
Average Daily Demand 17.79 17.23 17.79
Annual Demand 61492 61307 61492
Floridan RO Production
Average Daily Demand 6.00 0.93 0.56
Emergency RO WTP Facilities
Kermit L. Lewin Design Capacity 2.00 (MGD) 0.00 (MGY) 0.30
Marathon RO Design Capacity 1.00 (MGD) 0.00 (MGY) 0.00
All i ures are in millions ofgallons
Source: Florida Keys Aqueduct Authori , 2021
Figure 3.6 provides the amount of water used on a per capita basis. Based on Functional Population
and average daily demand, the average water consumption for 2019 was approximately 114
gallons per capita(person),which reflects the entire FKAA service area, including unincorporated
Monroe County, Key West, Marathon, Islamorada, Key Colony Beach, and Layton.
45
Figure 3.6 - Per Capita Water Use
Average Per Capita Water
Year Futfic'tion'' Population Daily Demand (gallons} onsum tion(gallons),
2000 1531080 17,016,393 111
2001 1531552 15,4151616 100
2002 1541023 16,96202 110
2003 154,495 1712281192 112
2004 1541924 1716521596 114
2005 1561150 17,7301000 114
2006 1551738 17,287,671 111
2007 1551440 16,017,315 103
2008 1541728 16,285,3 83 105
2009 1551441 16,3451205 105
2010 1551288 1612101959 104
2011 1561054 17,3341247 111
2012 1561391 16,5081197 106
2013 1561727 16,836,164 107
2014 1571063 17,472,362 111
2015 1571400 17,890,400 114
2016 1571730 1717041100 112
2017 1581060 1716321900 112
2018 1581391 17,6431800 113
2019 1581721 M0701000 114
Source: 1. Monroe County Population Projections-Monroe County Planning Department,2011
2. Florida Keys Aqueduct Authority,2021
Improvements to Potable Water Facilities
FKAA has a 20-year Water System Capital Improvement Master Plan for water supply, water
treatment, transmission mains and booster pump stations, distribution mains, facilities and
structures, information technology, reclaimed water systems, and Navy water systems.
In 1989, FKAA embarked on the Distribution System Upgrade Program to replace approximately
190 miles of galvanized lines throughout the Keys. FKAA continues to replace and upgrade its
distribution system throughout the Florida Keys and the schedule for these upgrades is reflected
in their long-range capital improvement plan.
Figure 7 provides the schedule and costs projected for the capital improvements to the
potable/alternative water systems planned by the FKAA. The total cost of the scheduled
improvements is approximately $ 169,050,000 million over the next 5 years. These projects are
to be funded by the water rate structure, long-term bank loans, and grants.
46
Figure 7-FKAA Projected 5 Year Capital Improvement Plan
FY 2021 FY 2022 T FY 2023 FY 2024 FY 2025 Total
Repair/upgrade subaqueous crossing 1,900,000 1119001000
Repair/upgrade cathodic protection 21000,000 211000,000
Rockl a nd ya rd bui I di ng 750,000 750,000
Grassy Key transmission line replacement 2,300,000 2,3001000
Stock Island pump station and generator replacement 31000,000 3,0001000 61000,000
Stock Island RO 8,0001000 25,500,000 81000,000 41,500,000
Stock Island RO generator 500,000 91500,000 10,000,000
Key West administration building 11,900,000 4300,000 161200,000
Islamorada transmission line replacement 2001000 13/000/000 13,0001000 26,200,000
Front/Whitehead/Eaton distribution line replacement 1175011000 111750,000
Transmission terminus rehabilitation 1,0001000 4,5001000 5,500,000
Cross Key water distribution upgrade 200,000 2001000
South/United Street water distribution upgrade 1/500/000 111500,000 3,0001000
Uti I ity coordi nati on rel ocates 1,7001000 1/700/000
Navy-connecti on tank feed 110,000 110,000
Navy-connection Adistribution 600,000 750,000 1500,000 11300,000 41150,000
Navy-connection B distribution 340,000 340,000
Navy-second feed to Boca Chica 500,000 500,000
Navy-fi re system West 1,400,000 110400,000
Navy-fire system East 1,000,000 110001000 950,000 2,9501000
No Name Key 1,300,000 1.43001000
Stock Island garage replacement 5201000 5201000
Electrical improvement at Florida City-phase 1 2112001000 2110001000 4/200/000
Chemical system improvements at Florida City 9501000 9501000
Box girder bridge coati ng/coupl i ng 311000,000 6110001,000 6140001000 15,0001000
Transmission system valve replacement 500,000 1,000,000 1,000,000 2,500,000
Marathon pump station tank installation 500,000 3,8001000 4300,000
Coco Plum 3 2300,000 2300,000
Oceean Reef distribution and storage improvmements 3,200,000 4,000,000 71200,000
Compl ete MI U col I ecti on system 200,000 2,000,000 214200,000
Roof repl acmenet-building K1 130,000 130,000
Totals 39,340,000 58,900,000 29,790,000 21,150,000 19,870,000 169,050,000
Source:Florida Keys Aqueduct Authority,2020 Budget&Financial Plan
SUMMARY
Based on current conditions and projects, an adequate supply of water to meet current and future
demands is provided by the following: The Biscayne permitted water supply of 17.79 MGD, the
6.0 MGD RO water treatment plant, the new reclaimed water systems, and the ability to operate
the 3.0 MGD RO desalination plants during emergency situations. The FKAA continues to monitor
and track conditions and events that could negatively impact the existing water supply. Any such
impacts will be evaluated to determine future changes necessary to continue servicing Monroe
County with adequate water supply.
47
IV. EDUCATION FACILITIES
The Monroe County School Board oversees the operation of 10 traditional and 6 charter public
schools located throughout the Keys. School Board data includes both unincorporated and
incorporated Monroe County. The system consists of three high schools, one middle school, three
middle/elementary schools, and four elementary schools. Each school offers athletic fields,
computer labs, bus service and a cafeteria. Seven (7) cafetoriums serve as both a cafeteria and an
auditorium. In addition to these standard facilities, all high schools and some middle schools offer
gymnasiums.All three high schools offer a performance auditorium with a working stage.
The Monroe County school system is divided into three (3) sub-districts (see map below). School
concurrency ensures coordination between local governments and school boards in planning and
permitting residential developments that affect school capacity utilization rates.
Sub-district 1 covers the Upper Keys from Key Largo to Lower Matecumbe Key and includes the
islands that make up Islamorada and Fiesta Key and includes one high school and two
elementary/middle schools. Sub-district 2 covers the Middle Keys from Long Key to the Seven
Mile Bridge and includes one high/middle school and one elementary school. Sub-district 3 covers
the Lower Keys, from Bahia Honda to Key West and includes one high school, one middle school,
one elementary/middle school, and three elementary schools.
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School concurrency ensures coordination between local governments and school boards in
planning and permitting residential developments that affect school capacity utilization rates.
48
The Florida Inventory of School Houses (FISH) capacity rate is 9,839 students and the Capital
Outlay of Full-Time Equivalent (COFTE) is 7,363. The actual utilization during 2020-2021 was
74.83%.
ACTUAL ACTUAL ACTUAL
LOCATION 2020-2021 2019-2020 2020-2021
FISH CAPACITY COFTE UTILIZATION
CORAL SHORES SENIOR HIGH 960 742 77.00%
KEY WEST SENIOR HIGH 1,349 11197 89.00%
HORACE O'BRYANT MIDDLE I,152 1,067 93.00%
MARATHON SENIOR HIGH 11370 664 48.00%
GERALD ADAMS 631 523 83.00%
PLANTATION KEY SCHOOL 647 590 91.00%
POINCIANA ELEMENTARY 672 525 78.00%
SUGARLOAF ELEMENTARY 935 597 64.00%
STANLEY SWITLIK
ELEMENTARY 736 564 77.00%
KEY LARGO SCHOOL 11243 795 64.00%
MAY SANDS SCHOOL 144 99 69.00%
GLYNN ARCHER
ELEMENTARY' 0 0 0.00%
BIG PINE ACADEMY' 0 0 0.00%
TOTAL 109453 71161 68.51%
'Data not available in School Work Plan
The projected COFTE for 2024-2025 is 7,633 students with 77.58 % of utilization.
Annually, prior to the adoption of the district school budget, each school board must prepare a
tentative district facility work program that includes a major repair and renovation projects
necessary to maintain the educational and ancillary facilities of the district. Some of the items
listed in the 2020-2021 Monroe County School District Work Plan include HVAC, flooring,paint,
roofing, safety to life, electrical, parking, fencing, maintenance/repair, fire alarms,
telephone/intercom systems and closed circuit television for various schools. Other items include
concrete repairs, site work and drainage maintenance, plumbing, ADA updates, elevator repair,
carpentry and small construction projects and maintenance and repair.
The 2020-2021 Monroe County School District expenditures from local funding sources were
$27,135,024.Additional revenue sources include proceeds from 1/2 cent sales surtax at$17,000,000
and funds carried forward at $31,762,460 were available for this period.
The total project costs for construction, maintenance,repair and renovation during 2020-2021 was
$38,517,735. The projected revenue/expenditures for new construction and remodeling projects
49
only, for 2021-2022 and 2022-2023 are $46,326,470 and $21,913,847, respectively.
SUMMARY
The overall 2020-2021 utilization is 74.83% of the school system capacity and is projected for
2024-2025 at 77.58 %utilization of the school capacity. Enrollment figures for 2020-2021 indicate
that there is adequate capacity in the Monroe County school system for the next two years.
50
V. SOLID WASTE FACILITIES
Solid waste management is a critical issue in the Florida Keys. While problems of landfill sitings,
facilities, financing, and hazardous waste disposal have increased throughout Monroe County, the
unique setting of the Keys makes waste management even more difficult. The geographic isolation,
the limited land area,the environmental constraints,and the presence of nationally significant natural
resources adds to the challenge of responsibly and efficiently managing the Keys'solid waste stream.
Comprehensive Plan Policy 801.1.1 establishes the level of service for solid waste as 11.41 pounds
per capita per day. Policy 801.4.2 establishes within three (3) years after the adoption of the 2030
Comprehensive Plan,Monroe County shall implement a county-wide,mandatory recycling program
for residential and commercial locations. The Comprehensive Plan requires sufficient capacity shall
be available at a solid waste disposal site to accommodate all existing and approved development
for a period of five years from the projected date of completion of the proposed development of use.
The Monroe County Land Development Code (LDC), in compliance with State concurrency
requirements, requires that "Sufficient capacity shall be available at a solid waste disposal site at a
level of service of 11.41 pounds per capita per day. The county solid waste and resource recovery
authority may enter into agreements, including agreements under F.S. Section 163.01, to dispose of
solid waste outside of the county" (LDC, Section 114-2(a)(2)). This regulation went into effect on
February 28, 1988 and serves as a level of service (LOS) standard for solid waste disposal.
The LDC also requires that solid waste management plans be completed before any proposed
development of a Major Conditional Use is reviewed by the Growth Management Department. Solid
waste generation rates and capacity assessments must be submitted for review and coordination with
the Public Works Division, Department of Solid Waste/Recycling (PWD-DSW/R).
The table below summarizes historical solid waste generation for the service area.
Solid Waste Generation in Tons per Year
FY FDEP Total Recycling Disposal
1998 N/A N/A N/A
1999 N/A N/A N/A
2000 158,327 591798 131,825
2001 125,893 511435 96,075
2002 134,950 681738 113,071
2003 134,734 341619 1131427
2004 1121102 131757 1101333
2005 212,470 731085 2121470
2006 200,338 121206 200,338
2007 134,467 121497 134,467
2008 130,245 13,743 130,245
2009 11604 121099 95,327
51
2010 1561465 331071 1231394
2011 125,402 271808 97,594
2012 14509 381985 106,904
2013 173,774 571272 116,502
2014 177,312 611421 115,891
2015 276,710 110,140 166,570
2016 3531658 2001845 1521813
2017 656,783 3521156 3041618
2018 441,165 2591322 181,843
2019 302,589 1101372 192,217
Source:Monroe County Technical Document July 2011;Monroe County Public Works 2013
Florida Department o Environmental Protection 2019 Annual Report
Data collection calendar year is January I to December 31.
These are scale tonnages.
Fluctuations in yearly data may be a result of major storm events, economic conditions, and
other generation factors.
FDEP calendar years do not coincide with Monroe County's calendar years, thus creating a
differential in datum between departments.
The historical solid waste generation values for Monroe County show a steady increase of total solid
waste generation between the years 1998-2001. During the period 2005-2006 and 2015-2019, the
County's solid waste generation was significantly higher. These higher values do not correspond to
normal solid waste generation trends within the County and in actuality result from a cluster of
outliers. The outliers are functions of favorable economic conditions(greater consumption of goods
and services) and storm events that cause a significant amount of over generation due to debris.
Furthermore,during the period of 2007-2008,an economic recession affected solid waste generation,
significantly reducing standard trends for generation growth.
The tourism industry in the Florida Keys is another large factor in solid waste generation that needs
to be accounted for in projected demands calculations. The Monroe County Tourist Development
Council estimated 4.3 million county-wide tourist visits occurred in 2011. The County and tourist
population are expected to continue increasing,which will impact solid waste generation within the
County.
Solid waste is collected by franchise and taken to the three historic landfill sites, which serve as
transfer facilities. At the transfer stations,the waste is compacted and loaded on Waste Management,
Inc. (WMI)trucks for haul out. Recyclable materials,including white goods,tires, glass, aluminum,
plastic bottles, and newspaper are included as part of the solid waste haul out contract. A recent
(2009) amendment to the contract includes WMI and the County's commitment to increase annual
recycling rate to 40 percent by 2014. Based on the information obtained by Florida Department of
Environmental Protection solid waste management this goal was met.
52
Solid Waste Transfer Facility Sizes and Capacities
Transfer Facility Acreage Capacity
Cudj oe Key Transfer Station 20.2 acres 200 tons/day
Long Key Transfer Station 29.5 acres 400 tons/day
Key Largo Transfer Station 15.0 acres 200 tons/day
Source: Waste Management Inc., 1991
Any future declines will also reflect the diligent efforts by the citizens of the County to reduce the
amount of solid waste they generate, through the conscious consumption of goods, composting,
mulching or other sustainability efforts. Additional factors which are less easily quantifiable could
also affect solid waste generation. The amount of construction taking place in the County, and thus
the amount of construction debris being disposed of, also significantly affects the total amount of
solid waste generated. Periods with less construction could have contributed to the decline in total
waste generation. Finally,the weather affects the rate of vegetative growth, and therefore affects the
amount of yard waste generated. Drier years could result in less total waste generation.
The analysis below represents a general trend of solid waste generation with respect to functional
population growth. The LOS creates a conservative rate of solid waste generation in comparison to
the increasing trend of solid waste generation between the years 1998-2000, thus predicting a
comparative or slightly higher annual solid waste production in relation to population. Limitations
on future growth should reduce the amount of construction and demolition debris generation.
Recycling efforts in Monroe County have increased and should reduce the amount of solid waste
generation.
Solid Waste Generation Trends
GENERATION POPULATION
Year (Tons/Yr) Permanent Seasonal Functional (LBS/CAP/DAY)
2000 158,327 36,036 33,241 69,277 12.52
2001 1251893 361250 331263 691513 9.92
2002 1341950 36,452 331285 69,737 10.6
2003 134,734 36,543 33,307 691850 10.57
2004 1 12,102 3606 33,329 69,935 8.78
2005 212,470 37,164 33,351 70,515 16.51
2006 200,338 36,466 34,019 70,485 15.57
2007 134,467 35,749 34,568 70,317 10.48
2008 1301245 341788 351550 701338 10.15
2009 1161884 361268 351043 711311 8.98
2010 156,465 35,368 35,440 701808 12.10
2011 125,402 351917 35,249 71366 9.7
2012 14509 39,371 35,438 7409 11.65
2013 173,774 3506 35,658 71,464 12.94
2014 177,312 35,751 35,862 71,613 13.12
53
2015 2761710 35,696 361067 711763 20.43
2016 3531658 351632 361277 71,909 25.48
2017 656,783 35,567 36,488 72,055 49.94
2018 441,165 35,503 3608 72,201 33.48
2019 302,589 35,438 36,909 72,348 22.92
Sources:
1. Florida Department of Environmental Protection
2. Monroe County 2012-2030 Monroe County Population Projections, Keith &Schnars, and Fishkind&
Associates, 3-15-11 (Unincorporated Population-Table 9
SUMMARY
Monroe County has a contract with Waste Management(WMI). The contract authorizes the use of
in-state facilities through September 30, 2024; thereby, providing the County with approximately
three (3) years of guaranteed capacity. There is adequate capacity for solid waste generation for
2021-2023.
54
VI. PARKS AND RECREATION
The Level of Service standards for parks and recreational facilities is provided in Policy 1201.1.1
and 1201.1.2 of the Monroe County Year 2030 Comprehensive Plan.
Parks and Recreational Facilities Level Of Service Standard
The level of service (LOS) standard for neighborhood and community parks in unincorporated
Monroe County is 1.64 acres per 1,000 functional population. To ensure a balance between the
provisions of resource- and activity-based recreation areas the LOS standard has been divided
equally between these two types of recreation areas. Therefore, the LOS standards are:
0.82 acres of resource-based recreation area per 1,000 functional population; and
0.82 acres of activity-based recreation area per 1,000 functional population
Resource-based recreation areas are established around existing natural or cultural resources of
significance, such as beach areas or historic sites. Activity-based recreation areas can be
established anywhere there is sufficient space for ball fields, tennis or basketball courts, or other
athletic events.
LEVEL OF SERVICE ANALYSIS
Comprehensive Plan Policy 1201.1.1, Monroe County Existing Demand in Surplus or
(Deficit) in
Parks and Recreation Functional Acreage Acreage
Population 2020 Acreage
1.5 acres per 1,000 functional
population of passive, resourced-based 1591051 21502 130.4 119.8
neighborhood and community parks
1.5 acres per 1,000 functional
population of passive, activity-based 1591051 41343 130.4 303.9
neighborhood and community parks
Source: Monroe County Technical Document, Chapter 13, Recreation and Open Space, May 11, 20111
Section 13.5.1.1.2.
There are approximately 10,900 acres of resource-based recreation lands currently available in the County
for public use. Removing beaches which are primarily Federal and State owned from the resource-based
lands results in approximately 250 acres remaining.
Level of Service Analysis for Activity-Based Recreation Areas
The Year 2030 Comprehensive Plan allows activity-based recreational land found at educational
55
facilities to be counted towards the park and recreational concurrency. A total of 108.86 acres of
developed resourced-based and 117.23 acres of activity-based recreation areas are either owned or
leased by Monroe County and the Monroe County School Board.
The activity-based recreational facilities that are inventoried include facilities and activities such as
baseball/softball, football/soccer, tennis courts,basketball courts,picnic tables and picnic pavilions,
volleyball courts, handball/racquetball courts, equipped play areas,multi-use areas,benches,tracks,
piers, bike paths, boat ramps, fishing, swimming, swimming pools, barbeque grills, shuffleboard
courts, beaches and restrooms. Additionally, other recreation uses and facilities are indicated such
as historic structures, bandshells, dog parks, skateboard facilities, aquatic parks, museums, and
concessions.
The subareas for park and recreational facilities include the Upper Keys, north of Tavernier;
Middle Keys, between Pigeon Key and Long Key; and the Lower Keys, south of the Seven Mile
Bridge.
The tables below provide resource- and activity-based parks and recreation in acres for the three
subarea planning areas.
MIDDLE KEYS RECREATION AND OPEN SPACE
PLANNING AREA MM 38.5-73
Mile Classification (Acres)
Name Location Facilities
Marker Resource Activity
Sunset Bay Park Grassy Key 58 Beach 0.6 NA
Boat ramp, teen club, 2
Yacht Club (1) Vaca Key 54 tennis courts basketball NA 2
C ,
(Marathon)
court
Beach, picnic pavilions,
Sombrero Beach
ball field, 2 volleyball
(Switlik Park)
Marathon 50 courts, equipped play 0.6 8
area, dog park, pier,
fishing, BBQ
Bicycling,
Old 7-Mile Bridge Monroe County 41-47 Fishing, 5 NA
Beaches
7-Mile Bridge Pigeon Key 45 Historical structures 5 NA
56
UPPER KEYS RECREATION AND OPEN SPACE
PLANNING AREA MM 73-112
Mile Classification (Acres)
Name Location Mark Faculties
Resource Activity
er
Garden Cove Park Key Largo 106 Boat ramp 1.5 NA
Rowell's Waterfront Key Largo 104.5 Picnic tables, benches, paddle-
8 NA
Park sports launch, swimming area
Murray Nelson
Boat basin, pier, dock, five
Waterfront Park
Key Largo 102 pavilions, restrooms, picnic 1.2 NA
tables, benches
Hibiscus Park
Key Largo 101.5 Vacant, inaccessible waterfront 0.5 NA
(Buttonwood Lane)
Ball field, 3 basketball courts,
Friendship Park Key Largo 101 picnic shelters, Play equipment, NA 2.38
restrooms, trail
Key Largo Play equipment, aquatic park, 3
Community Park- . swimming pools, ballfields,
i Key Largo 996 r field, i kl 11 1.5 13.6
Jacob's Aquatic soccer e d, p c eba ,
Center basketball, restrooms
boat waterfront access,
Sunset Point Park Key Largo 95.2 Vacant, 1.2 0.9
ramp
Beach, two ball fields, play
Harry Harris County Key Largo equipment, swimming, boatramp, BB h ffl r 2 1 1
Park (Tavernier)
93 Qs, s u eboa d, 5.
beach, picnic tables, restrooms,
basketball
Key Largo Play Equipment,picnic, shelter,
Old Settlers Park 91.9 NA 3
(Tavernier) beach, butterfly garden
Burr Beach Park
Key Largo 91 Vacant, waterfront access 0.1 NA
(Sunny Haven)
Upper
Old State Rte. 4A Matecumbe 82.5 Vacant 0.3 NA
Key
Old State Rte. 4A, Upper
Hurricane Matecumbe 81 Historical Marker 1.2 NA
Monument Ke
Anne's Beach, Lower
Beach, swimming, bike path,
Lower Matecumbe Matecumbe 73.5 6.1 6
Beach (5) Key
picnic pavilions, boardwalk
57
LOWER KEYS RECREATION AND OPEN SPACE
PLANNING AREA MM 0-38.5
Mile Classification (Acres)
Name Location Mark Facilities
er Resource Activity
Veteran's Memorial
Little Duck Beach, BBQs, swimming
Park
Key (Ohio 40 temporary port o let restrooms 0.6 24.9
�
Key)
Missouri Key/South
Missouri Key 39 Roadside pull-off, beach 3.5 NA
side US 1
Pier, Playground, soccer field,
baseball, tennis &basketball
Big Pine Key Park Big Pine Key 31 courts, skate park, bocce 5.5 4.6
courts, shade structures,
restrooms
J. Watson Field 2 tennis courts, volleyball,
(Stiglitz Property) Big Pine Key 30 play equipment, baseball, 1.2 2.4
(2) picnic, dog park
Blue Heron Park Big Pine Key 30 Pickleball NA 5.5
Bob Evans/
Chamber of Big Pine Key 30 Vacant 0.3 NA
Commerce
Palm Villa Park Big Pine Key 30 Benches, waterfront, NA 0.6
State Road 4 Little Torch28 Boat ramps 0.1 NA
Key
Ramrod Key Park Ramrod Key 27 Beach*, swimming 1.2 1.2
West Summerland West
Park
Summerland 25 2 Boat ramps 31.8 NA
Key
Saddlebunch
Play equipment, volleyball,
Bay Point Park 15 picnic tables, trail, basketball, NA 1.58
Key 2 tennis pavilions,to s courts, pav o s,
Boca Chica Beach, Boca Chica
11 Beach, picnic table 6 NA
SR 941 (3) Key
Wilhelmina Harvey Big Coppitt Play equipment, path, shade
Park K 10 r with picnic NA 0.65
a e structure w t p c c
58
Mile Classification (Acres)
Name Location Mark Facilities
er Resource Activity
Volunteer Fireman's Big Coppitt 1 0 Pavilion,picnic tables,
Park Key basketball
Gulfview Park, Big Coppitt 9.7 Boat ramp 0.2 NA
Delmar Ave. Key
Rockland Hammock Rockland 9 Vacant 2.5 NA
Play equipment, baseball &
Bernstein Park Raccoon Key 4.5 soccer fields, basketball,path, NA 11
fitness center, community
rooms, picnic tables, restrooms
East Martello Park Key West 1.5 Picnic, Historic Fort, museum 14.56 NA
Island
1 beach, concession area, 2
band shells, pier, picnic
pavilions and grills, pickleball
Higgs Beach Park, Key West courts, tennis courts, play
C.B. Harvey, Rest 1 5 12.1
Beach Island equipment, bike path,
volleyball, fitness trail,
handball court, horseshoes,
swimming, Dog Park
West Martello Park Key West 1 Historic Fort 0.8 NA
Island
Whitehead Street Key West 1 Historic Fort, Museum 0.8 NA
Lighthouse Island
Pines Park(S. Key West 1 Picnic NA 1.72
Roosevelt) Island
(1) The total acreage of the Yacht Club is approximately 6.0 acres. The unique layout of this facility
restricts active recreation to approximately 2 acres partially leased to the Marathon Yacht Club by
Monroe County.
(2) House and yard(1.2 acres) owned by Monroe County.Additional 2.4 acres leased by Monroe County
from the Big Pine Athletic Association.
(3) Lands Leased to Monroe County from U. S. Navy.
(4) Church to west of park has public access 2 basketball, volleyball, and bocce courts.
(S) Beach leased to Village of Islamorada
*Denotes approximate acreage; (for beaches the length of the beach x a minimum of 1 S ft.)
Source:Monroe CountyTechnical Document July 2011
59
Acquisition of Additional Recreation Areas
The Monroe County Year 2030 Comprehensive Plan states in Objective 1201.2 that "Monroe
County shall secure additional acreage for use and/or development of resource-based and activity-
based neighborhood and community parks consistent with the adopted level of service standards."
The elimination of deficiencies in LOS standards for recreation areas can be accomplished in a
number of ways. Policy 1201.2.1 of the Comprehensive Plan provides six (6) mechanisms that
are acceptable for solving deficits in park level of service standards, as well as for providing
adequate land to satisfy the demand for parks and recreation facilities that result from additional
residential development. The six (6) mechanisms are:
1. Development of park and recreational facilities on land which is already owned by the
county but which is not being used for park and recreation purposes;
2. Acquisition of new park sites on a limited basis;
3. Interlocal agreements with the Monroe County School Board for use of existing school-
based park facilities by county residents;
4. Interlocal agreements with incorporated cities within Monroe County for use of existing
city-owned park facilities by county residents;
S. Intergovernmental agreements with agencies of state and federal governments for use of
existing publicly-owned lands or facilities by county residents; and
6. Long-term lease arrangements or joint use agreements with private entities for use of
private park facilities by county residents.
Objective 1201.2.3 Comprehensive Plan 2030-`Priority shall be given to locating new
neighborhood and community parks in communities which demonstrate the greatest deficiencies
in parks and recreation".
To date,the county has employed two of these six mechanisms—acquisition of new park sites and
interlocal agreements with the School Board.
SUMMARY
The County continues to maintain a surplus of parks and recreational facilities (acreage).
60
VII. SANITARY SEWER
Over the years several factors have contributed to the water quality degradation of the Florida
Keys, among them are stormwater run-off, changes in flow from Florida Bay and the Gulf of
Mexico, but one of the most influential factors is the past wastewater practices. Wastewater from
cesspits, septic tanks, injection wells and liveaboard vessels add nitrogen and phosphorus to our
waters breaking the ecological balance.
The development of the Sanitary Wastewater Master Plan was the BOCC response toward
correcting our water quality problems. Their goal was to improve the water quality of canals and
confined nearshore waters through a long-term strategy and bring back the clear waters that
characterize our coasts and are the source of tourist attraction.
The Monroe County Year 2010 Comprehensive Plan adopted by the BOCC on April 1993
mandated nutrient loading levels be reduced in the keys marine ecosystem by the year 2010. In
1998, the Florida Governor issued Executive Order 98-309 which directed relevant agencies and
entities to coordinate with Monroe County to implement the Year 2010 Comprehensive Plan and
eliminate cesspits, failing septic tank systems, and revise the existing 246 treatment plants for
capacity and quality of treated wastewater. In 1999, the Florida Legislature set statutory effluent
standards and associated compliance schedules for wastewater treatment system in Monroe
County. These standards address treatment for several water quality constituents and require
treatment to achieve advanced wastewater treatment standards for discharge flows in excess of
100,000 gallons per day and best available technology(BAT) standards for flows less than 100,000
gallons per day.Adopted water quality standards are listed below.
Water Quality Standards
BAT AWT
Constituent (mg/L) (mg/L)
Biological Oxygen Demand (BODS) 10 5
Total Suspended Solids (TSS) 10 5
Total Nitrogen (TN) 10 3
Total Phosphorus (TP) 1 1
Previously in 1992, the U.S. Environmental Protection Agency (USEPA) Oceans and Coastal
Protection Divisions produced a report entitled"Water Quality Protection Program for the Florida
Keys National Marine Sanctuary". The report provided a list of 84 water quality hot spots with
known or suspected water quality degradation. Later in 1999 Monroe County released a new study
entitled "Water Quality `Hotspots'in the Florida Keys:Evaluation for Stormwater Contributions
this study identified 88 hotspots. The definition of"Hot Spots" are areas of known or suspected
water quality degradation, with known and unknown unsafe sewage disposal practices, that has to
be eliminated and would receive a community wastewater collection and treatment system within
the next 10 years. In contrast with "Hot Spots", "Cold Spots"were defined as areas where the on-
site system would continue operating until the whole new system is established.
The Florida Administrative Code created the Rule 28-20.100, which was amended in 1999 to the
Year 2010 Comprehensive Plan by the Governor and his cabinet. This rule provided a 5-Year Work
61
Program to improve water quality emphasizing in the identification and elimination of cesspools
required by Objective 901.2 of the Monroe County Comprehensive Plan. Monroe County adopted
a new cesspool identification and elimination ordinance, Ordinance 031-1999, which complies
with the Work Program. This ordinance establishes an inspection and compliance program for
unknown and unpermitted on-site treatment and disposal sewage (OSTDS). The intent of the
ordinance is to require operating permits for the (up to) 7,900 existing at that time unpermitted
OSTDS.
The Sanitary Wastewater Master Plan was prepared by a multidisciplinary consultant team, under
the direction of the Monroe County Department of Marine Resources to determine the acceptable
levels of wastewater treatment and the strategy to follow to change the old wastewater collection
system for a new modern system in the County. The goals of the Master Plan was to provide
responsive, flexible and cost-effective solutions that improve wastewater management practices
throughout the keys and must satisfy environmental and regulatory criteria and guidelines.
The implementation of the new wastewater system and the elimination of the old sewer practices
in Monroe County has taken years. The planning period used for developing this Master Plan is
the 20 years interval between 1998 and 2018.The transition process has been under the supervision
of Monroe County, the Florida Keys Aqueduct Authority, Key Largo Wastewater Treatment
District,the Municiaplities,and special dsitricts established for that purpose.Now the new systems
are operating satisfactorily and only a small percentage of households have not been hooked up to
the new systems.
At this time there are four entities providing sewer services in the unincorporated areas of the
County.
1. Florida Keys Aqueduct Authority (FKAA)
2. Key Largo Wastewater Treatment District
3. North Key Largo Utilities Corporation
4. Key West Resort Utilities
FKAA covers by far more areas of the County than any other operator. The list of their facilities
and general services areas are, from south to north:
• Key Haven Wastewater System-FKAA acquired this wastewater system in 2009 .By 2018,
FKAA replaced most of the collection system and redirect the wastewater flows from the
Key Haven wastewater treatment plant(WWTP) to the Big Coppitt WWTP for Advanced
Wastewater Treatment (AWT). The Key Haven collection system currently serves all 450
Equivalent Dwelling Units (EDUs) in the area, with plans to connect a new development
consisting of an additional 26 EDUs.
• Big Coppitt Regional Wastewater System- The construction of this wastewater system,
with funding provided by Monroe County, began in January 2007 and included service to
Rockland Key, Big Coppitt Key, Geiger Key and Shark Key. Connections to the system
began in August 2009. Currently, the Big Coppitt collection system contributes 1,601 of
1,746 EDUs (92%) to the AWT system, with the additional 450 EDUs redirected from the
Key Haven Wastewater system and an average daily flow of 0.031 million gallons per day
(mgd)redirected from Boca Chica Naval Air Station(NAS). The Big Coppitt WWTP will
62
be expanded to accept flows from a new affordable housing development in the Big Coppitt
Key service area and the future capactty needs of the NAS.
• Bay Point Wastewater System-The FKAA began construction of the Bay Point Wastewater
Treatment Plant and collection system in 2004,to provide central wastewater service to the
Bay Point and Blue Water communities (Saddlebunch Keys). The first wastewater
connection began in 2005. 424 EDUs of 439 EDUs (97%)have been connected to this Best
Available Technology(BAT) treatment plant.
• Cudjoe Regional Wastewater System- Construction of this wastewater system began in
s o .
January 2013, with funding provided by Monroe County. The new WWTP has a capacity
of 940,000 gpd, and serves Lower Sugarloaf Key, Upper Sugarloaf Key, Cudjoe Key,
Summerland Key, Ramrod Key and Little Torch Key, Middle Torch Key, Big Torch Key,
No Name Key and Big Pine Key. Connection to this system was phased over several years
and is ongoing. Approximately 9,471 EDUs have been invited to connect and of those
7,469 EDUs have completed their connection (79%).
• Duck Key Regional Wastewater System- The FKAA became owner and operator of the
Hawk's Cay WWTP in May 2006. The WWTP, with funding provided by Monroe County,
underwent an extensive redesign in 2011 and was upgraded to the rigorous AWT standards.
Additionally, the collection system was expanded to serve the remaining residents of Duck
Key. The last phase of upgrades was completed in September 2013. The WWTP serves
Conch Key, Little Conch Key, Waker's Island, Hawk's Cay Resort and Duck Key with a
treatment capacity of 275,000 gpd. Currently, 1,445 EDU's of 1,491 EDUs (98%) have
connected to the system.
• Layton Wastewater System- The FKAA began construction of the Layton Wastewater
System in 2005,to provide central wastewater services to the City of Layton and Long Key
State Park with a treatment capacity of 66,000 gpd. Connection to the system began in
2006 and all 351 EDUs were connected to the system. Subsequent expansion of the Layton
service area to incorporate the remaining east and west ends of Long Key is complete.With
the expansion, the service area now includes 444 EDUs, which currently has 397 EDUs
connected (89%).
In summary, as of August 2021, the following connectiosn have been completed:
Yet to be Percent of
Connected Connected EDUs in Region Connection
Key Haven 450 450 100%
Big Coppitt 11600 147 11747 92%
Bay Point 425 14 439 97%
Duck Key 1,455 36 1,491 98%
Layton/Long Layton/Long Key 397 47 444 89%
Cudjoe Regional 71469 202 9,471 79%
63
Lower Sugarloaf 554 77 631 88%
Upper Sugarloaf 266 324 590 45%
Cud'oe Key 103 152 1,955 92%
Little Torch Key 678 241 919 74%
Ramrod Key 652 74 726 90%
Summerland Key 771 240 L011 76%
Big Pine Key 21655 863 31518 75%
Middle Torch Key 10 5 15 67%
Big Torch Key 41 17 58 71%
No Name Key 39 8 47 8 3%
System-Wide
Connections 111796 2,245 14,041 84%
Key Largo Wastewater Treatment Plant and District- This system serves Islamorada and the
territory consisting of the island of Key Largo, including all lands east of Tavernier Creek,
including Tavernier,Key Largo all in Monroe County,Florida with the exception of: all areas north
of Summerland Road on US-1, and all areas north of Charlemagne Blvd on County Road 905
including Ocean Reef. The plant capacity is 3,450,000 gpd and does meet LOS for wastewater
treatment quality. The District began taking flow from Islamorada on June 16, 2014. The 2021
average daily flow from Islamorada increased to 815,000 gpd. As parcels in Islamorada continue
to connect, flow will increase.The combined average flows from Islamorada and Key Largo for
the last 365 days is 1,970,000 gpd. In the District service area (does not include Islamorada) there
are 10,625 EDUs with 10,610 (99%) that have been connected to the system and 15 are not
connected.
North Key Largo Utilities Corporation- This private utility serves the Ocean Reef Community.
This WWTP was constructed with Advanced Wastewater Treatment (AWT) technology with a
capacity of 499,000 gpd. The volume of sewage the plant is processing at this time is 250,000 gpd.
All dwelling units of the community have been connected to the system with a total of 1,620 EDUs
(100%).
Key West Resort Utilities- This investor owned utility serves Stock Island. This WWTP was
constructed with Advanced Wastewater Treatment (AWT) technology with a capacity of 849,000
gpd. The volume of sewage the plant is processing at this time is 577,000 gpd. There are currently
4,358 EDU's connected to the KWRU system.
SUMMARY
There is sufficient wastewater treatment and disposal facilities and capacity available to satisfy the
projected needs of the development for the next two years.
64
Monroe County BOCC: August 17, 2022
Item R.7 -Adoption of Ordinance Proposing Evaluation and Appraisal (EA) Amendments to the 2030 Comprehensive Plan
Pursuant to Section 163.3191, F.S., the County must evaluate its comprehensive plan every 7 years and determine if plan amendments are
necessary to reflect changes in state requirements.
Amendments are necessary to reflect changes in state requirements for the I1:1eir1i11 of Flood legislation (Section 163.3178(2)(f), F.S.) and to
update the definition of the tenrn `devellopmernt" (s. 380.04, F.S.; s. 163.3221, F.S.; and referenced in s. 163.3164(14), F.S.).
On July 1, 2021, Chapter 2021-195, Laws of Florida (HB 59) went into effect irequiiriiing adolptiioirn of a piropeirty irights element "by the earlier of
the date of its adoption its next proposed plan amendment that is initiated after July 1, 2021, or the date of the next scheduled evaluation and
appraisal of its comprehensive plan pursuant to Section 163.3191, Florida Statutes." The proposed County EA amendments will address this
additional statutory requirement.
(,'11AI"1"Eli 2015 (;9
.................................................................................................................................................................................................................................................................................................................
CHAPTER 2021-195
Committee Substitute fiar(lornrnitteye Substitute for
Committee Substitute for Senate Bill No. 1094 irttee Substitute for CAornmittee Substitute for
mniittee Substitute for House, Bill No, 59
An rant relating to the peril of flood;amending s. 163.31.78, F.S.; sl:xacit;ving
requirements
fCHAPTERoe oastal 'naan<il��x,tnent element, rczgcnred fora lsrcaal1g to growth management; inienchng s. 163,31f,7 F.S.;
1".S. r Prraim"+�acfunements for certain comprehensive plans effective,rather
than adapted,after a specified date amd for assoeriatcd land da"verloprma"nt
regulations; ame+nrting s. 1.6 3.31.7'7, F.S.; requiring local governments.; to
House Bill No. 405 include a property tights clement in their comprehensive plans;providing
.a staat anent of rights which a local government may use;reeluiring a local
government to adapt a property rights element by the caarli(r of i s
An act relating;to linear facilities;amending,s. 163 f3221,F.S,:revising the: adoption of its next,proposed plan amendment, initiated after a certain
definition of the term "dev^elasrlrment," to exclude work by certain utility date or the neat scheduled evaluation and appraisal of its comprehensive
providers on utility infrastructure on certain rights-of-way or corridors; plan; prohibiting a local government's property lights element from
revising the definition to exclude the creation or termination of(�listribu- conflicting with the state nie>nt of rights contained in the act, amending
turn ,and transmission corridors amending, s. Sfit)t)4, F.S revising,,the:
definition of the term `development" to e c,lude work by certain utility
..............................................................................................................................................................................................................................................................................................................................................................................................
The County must complete amendments to reflect and satisfy changes in statutory requirements as Evaluation and Appraisal (EA)
amendments. t Ihese airinendirneints weire appiroved try the I130CC for tiransirniittall to 11:::)11:::::.0 oin Il airch 16, 2022„ IC:)11:::::0 OIfRC did not identify any
o1bJectloirns, comments, or recoirnmendatiions„
If the County fails to update the comprehensive plan pursuant to EA requirements, the County cannot amend its comprehensive plan until
such time as it complies with the EA requirements.
Comp Plan Amendment Summary Proposed Amendments
provision Purpose/Notes/Comments (Proposed additions are in .underline, deletions are 644 1#Gugh.)
See Exhibit 1
Moov), � ,mm to reflect the recently adopted
Administration Commission Rule 28-20.140, F.A.C., with the Example in Introduction:
updated Work Program (mainly canal restoration work program). Below are the Work Program tasks,as cited directly from the current(November 2020 Jul�_,2 )Rule 28-20.140:
Deleted old Work Program. (%.).. ..ORK ,:'.!R.�G_R..A V„r....r......
Chapter 1 Background: Example in Background:
Introduction and Minor clarification edits to list of map series and Comp Plan In accordance with the requirements of Chapter 163, F. S., Part II,the Policy Document contains the following sections of the
Background chapters to add the new proposed Private Property Rights Element Comprehensive Plan adopted by the Board of County Commissioners(BOCC):
within Chapter 2.0.
1......F".ri...a.tr.....F rra�crt:y Fights E.lem nt,r; ntair7c e:l irr C:APaa ter 2.0
The Goals, Objectives and Policies of the plan, as well as the requirements for capital improvements implementation,
including the Five-Year Schedule of Capital Improvements,contained in Chapter 3.0;
.32.The procedures for monitoring and evaluation of the plan,contained in Chapter 4.0; ....
General County Element: See Exhibit 1 -Example:
Minor clarification edits to add State Constitution reference and
correct Policy references. Policy y,,.!..::1
.Article VII,II,Sc r tion 18(a,i of the:State Corestitutiorr rrovmdr s in y�arf:that a county not be bour7cl h�a rteneral law„re,,,,uiq rinc
the c ourriy to sr:end funds or take an action that me Ores the ex}enditure of fun Is unless certain exernrations or exce,tions are
met.
.....................
Implementation of this Cornp,r;ehr;ri..,i.v,,.e Plan,particularly:
Chapter 2 A. Policies 102.4.1 ,(I,a,n,e), ,c,qu,i,siti,ar7„)., 102.4.2 (land acquisition f^ ^^ ^ +^"^^^+^^ ^+^m), ,1„02 ;; (Igr7d, acg,u,i,s,itio
General County 102.1.1,(wry>tl,g,n,d,i„U,f3,°ln,,,csper ss.ar acel,204.2.2(uretlairrri 100%open space ratio far salt mar-sh an '" "^^^^^ ^"Ands
Element and 204.3.1 (wetland acquisition);and
B. Implementation^f Objectives 901.3(sewer master plan)ar7dgsscgcjgtgd,,,,prl,j,r,,,,i,r s..and 1001.1 (stormwater master plan)
qnd associated pr..rlici;s,g,rt,d.
...............................................................d.......................................
::...11:lol,ic,i,cs....✓:2.::.1..,...2.::2.::2...and...2..2,.........(Wri.v...ate....4rr?. .g.t.Y.-rj.9.l:!:p:
will require funding which exceeds the reasonable budgetary constraints of Monroe County.As an Area of Critical State
Concern and site of unique natural resources of national importance,Monroe County should not be expected to bear the sole
burden of implementing these policies without substantial financial assistance....
See Exhibit 1 -Example:
ffA(H159)that went into effect in July 2021,requiring adoption PoLuc 2.2.2
of a property rights element"by the earlier of the date of its adoption Monroe County_shall consider the Following rights in local decision_rnakir7
its next proposed plan amendment that is initiated after July 1,
Chapter 2 1. the J. ht of a ,ro.erk owner tra :ate sicall P.. . s and control his or her interests in the ro ert includin caasements
2021 or the date of the next scheduled evaluation and appraisal of r9..................................f...........t7..............y..................................................k..........W.........................V......C�......................................................................................................................................................................................................................P...........P..............V...,_.............................................................................................,,
P PP
Private Property its comprehensive plan pursuant to Section 163.3191, Florida I,ra,rtz;g,,,,,err,mi,rr ,rgl,,ri..Pam.
Rights Element . Y he n 1ht r..af a prooerty owner to use rnaintairi develo and im rovr his or ha:,r rr.. :rt for ersonal use or[he use of
9
Statutes." &.x.....................................P..........................................................................p..........P.............Y....................&t..........................................................................................................................
(NEM This is a required amendment. OD rkfher per.on,;>..rluieot to I:ate law and local ordinances.
3..............
.Y..f'e ri 11t of the ro ert awner to rivac and to exclude others rrcrrr the rra.aert tr.:r a'otert tl e owner'.:> .aossessions
fY.............................................P..........p..............Y.................................................&...........................y.............................................................................................................................................................��..........f................y.................1..........................................................................................&..........................................................
a rtd....ra,Mpr rit
4:::.....i..h.(:=...r1_�.YI..!:t...t�rt...g....pry?.Pr.rty P...wrlr:r...try....di. P.Lt.ig...pr..ht'.r...fxrc�p mrt, tltrour�h sale or c it tr
March 16-2022 BOCC transmittal bgaring: Proposed Policy 101.5.34
Chapter 3 and related proposed changes to Policy 101.9.4 were removed from
Proposed updates to: See Exhibit 1 - the ordinance, and are being processed as a separate ordinance.
oTo provide clarity, provide for internal consistency, update
deadlines within the comprehensive plan, eliminate 22A.i!a 1 0 1 5 34.
.... . ...................
accomplished or obsolete provisions, make corrections to text Notwithst rd.n the revisions set forth in.P lic 101.5.25 and Cha ter 130 of ffie I arid Development Code and
.............................................2 9 2P2.g P.2!�5.a n ............................................................................................ ..........Y..........................................................................................P.........................................
and eliminate grammatical errors; and to amend provisions to the miril U recurred selbacks.in..0 a -ers 130 and 131 o istir residential dwelling
.............................M M............I.......................................................................................t P.1 -----
reflect changes in local conditions and recent data,trends,issues unit not..inglud.ing mobile homes be(Ll§nL� -0.above base flood level to reduce flood damage. t(Y.
..................................................... 21L .................. -
and challen es. Fhe..law.fgl.1.y.e h.2.tin d .1 in �..init structure is elevated%Adthin th.�.. ucture.
..............?�c g ..........q ..............................................................................................................................................................?
o
SPLbarks and land i.s..,o ments are waived to allow ripcess Ey i F .2 iA jAd.�in L n t..b
...................... ..... .......... L2.qiiEg.....................................................................................................................................................................2........M.�jp .III L� .9 ..........
by waiving or ret Y. Y..f �LII Is are limited to i
.............IN!f.il. A�.� il] -L9_S/_egE�,,.
reducing certain setback and land use open space requirements, s...t..r..0 cl..0 r.e. s Ls Ia_rrs__ra_rn_L,,_; _1a_nd1 r_1 m Ei
to allow necessary improvements to provide access (stairs, to. ft..i.e. st rl.j cl.kj re. that.. i..s in compliance with fire code rpnuirerrienls.
.... ........ ........ .... .... ... .....
ramp,etc.)to a house elevated above base flood level to reduce Side and rear se[b ck re uirements are waived to allow arce so elevated EM. j2.��?t2,5 )od r gg..p a q : for e �.! men[
................................................................................................................................................................................ ............Ly
........................................................................................................................ ....................P......... .................................. ...........................
the risk of future flood damage. Directed by the BOCC on July at least two 2 feet frorn the side
21,2021 to help with rebuilding after storm and to utilize federal Y..aE no event shall the total combined area of all
and state grant funding opportunities(see agenda item K6). 012e.2. and setback area or 60 ercent 60% of
o Amend Admin Relief Policy to address the basis for denial of an the re aired rear and setback area,
...........................
administrative relief request for example: previous private Maximum shoreline setbacks are to be maintained and in no event shall a shoreline setback be less than ton 10 feet
...................................................................................................................................................................................................................................................................................... ..............................................................................................................................................................................................................................................................
property rights claim or cause of action or previously received f...E o n I r.."..e..a n hii&Agler
and rejected an offer from the local, state, or federal ...............Fhe
. ..........................
ft @
governmental entity). Amendment concept presented to the with Section 114.3 of the Monroe CoUnty J grad F..)Pve1oLrnent.Code.
_
BOCC on January 30,2019 and March 31,2021 (ROGO buildout ..............D.2Y.O..2pM2III shall... maintain..... ... corn..P.�ianco to the maxi t m..extent..p F
. ..... ... ...... ...................... .............. ... ble a....determined..b t the n.n Director.
.................................................................................M ...................... Y�5?......................... ..................... .............Y .............. n i q
... ....... .. ...............................................
workshops). ........... q I.c does not waive a y
P.P i Y...................................................................................2 Ep aired minimum..ve eLated setbacks a
1....................... ......................q.................................................................................... !p wetlands see �i 203.1.2 and Poli�y
................................................................................
3.1 Future Land o Updating Land Acquisition priorities to reflect grant programs 2()4:�2:�.5 and does not auth encroachments to a conservatism easement.
................................).......................................................................................2UZ2��n
Use Element County is pursing and implementing and to be consistent with the ...............F...h...t5 l..:..1.o...lj...y...d.o......e......s.........n.....o......t......re......s......t...r......c.....t......a.pm.,..j A house as
interlocal agreement between the County and the Land Authority, �.g!2g 2� 1v r.....�qoitions,...enl.a e en create or cau�,;e a furl:her violation
............................. .................... ............ .................................................................................................................................
which was a roved on Jul 21,20211 see a encla item H7 to an exi-ti g
.......................2..........:1................n .2Eyfp..L .
�y
New or substantial .E E�..��....,,onstrijcbon of sin le. rail �h �2fljn units hornes shall com.V.2�y with the setback and.
..................................................................................q q .....
............................................................................................ ..............errs .............f ........................................................................................................... ............................................................................................
Miloyoneyear o.-I 0 Pa
r.e s.........5��p rr.:avisions se t forth ire P Ir r I.
�y 11.5.2.5 arid in Chapters 1310 arid 131 of the Vlonro(..,County .0� n ..IF
................0 i . �Mp t.
to address the delay in the production of updated aerials and to Qg.ij.e includ.inc the side and rear setback reguirernerits for accessory stairs and platforms to elevate
...... ...................................
reflect changes to Section 163.3191,F.S.and Rule 73C-49.001,
F.A.C. Policy 106.1.1
o Note, updates to habitat maps and Tier review delayed due Monroe County shall update habitat data and the Land Development Code Tier(Zoning)Overlay District Maps to generally
to the 2021 Ortho images failing the Quality Control coincide with the State comprehensive plan evaluation and appraisal schedule.,(beginning_one-ygar after the,evaluation arid
requirements and being rejected by the Department of 2pp1gLqaI notification schedule deadline of May 1,2021).
Revenue and the Monroe County Property Appraiser's Office
(see September 15, 2021 agenda item K1 to reject all Policy 106.1.2
proposals and rebid the RFP for updates of the County's 2009 Monroe County shall establish a Tier Designation Review Committee (TDRC) Work Group to consist of representatives
Geospatial Land Cover Dataset and Tier Overlay District selected by the Florida Department of Economic Opportunity(DEO)from Monroe County,Florida Fish&Wildlife Conservation
Maps for the Florida Keys,due to a delay in receiving updated Commission, United States Fish &Wildlife Service, Department of Environmental Protection and environmental and other
2021 Aerial Photo ra hi relevant interests. The TDRC shall be tasked with the responsibility of tier designation review utilizing the criteria for tier
111ba placement and best available data to recommend amendments to ensure implementation of and adherence to the Florida Keys
2021 Aerial
Carrying Capacity Study.These proposed Land Development Code Tier(Zoning)Overlay District Map amendments shall be
pLgce,,s Ln o _.y��ar after eaineide-wia04 the State comprehensive plan evaluation and appraisal notification schedule
.L----
(May 1, 2021). Each c-,�.. I.wehensivp--Oan 4mk4dp--,�rF-artat.y,,.A...r--a4ld
retie mme-rid-afiens ba-A,4-upen-ths T-DRG4eview-proGeY,._
Compraftsmalve I IPutwo Una LNG Map Onignadw CAFF0164
WOW w1thM Ma MIfty IMI Aro of h1ft000
FLUM Cat" uses dal NOCA911 DWafty maxwDvoty
(fAJR� CatooKids"
Recr-wdwad Idesksp
dIsllm
2Iuuxtsw Cau"'I'9wU14 1
Mrsow'I ZMN 26TkumWe VNJCKAG�Pps W dt=111
oazr*ma�FRI a-4 crr-,T%,q t*pffnmeo' I da
P"P"W-hQuI and DaMrreVaj'3PXTsnRMs;MR wioRa'j&e asina. (DR,MU MI) 2 du(Ml)
Wed UINJ "go jpwyvvm�land 11-�'Ou 3 du(S'c) 6-118 du LSQ W 0-10---0.45
pamems-vw"tyw'�' T5 monv6paces 0-21 reers-p— �LWL�Uij 2 do LTC,) (Sc'UC,DR,MU)
"s Mixed t�se/Comrnercial 6 du LUc)
r%kienm and �, y D-- "'A"T"131,100",%VW MC-)mo zoning) Commercial Apartments 12---18 du(MU)(I <2,500 817(RV)
permed NWe SC,UC,DR,RV,MU and MI (RV)W 18 do(DR)
0.30 0.60(N41)
5-15 rooms/spaces 10-25 rooms/spaces
I kill
Mixed Use/Commercial Fishing(MCF)(1) (CFSD-20)(9 12 du(CFA,CTSD)
3 du(CFA,.11 either
(CFA,CTV,C'FSD zoning) CTSD) N/A(CFV)
I du/Iot(CFV) 025-0A0
N/A
0 rooms/spaces
Preservation(P)A 0 du N/A
(P zoning) 0 rooms/spaces N/A 0
wrAWIN9%Nng Wd m4ltsed NadZon*uses Public Buildings/Lands 0 du N/A
PB) 0.30
MI Xod UI sum as setal,storage,arro few aN iILLL� Q du d
FlOwngi M14,1wrice Oncti supparn the cI Isung APPTOK,3-B du no irectty Corresponding zoning) 0 rooms/spaces N/A
InIPIAN"Ind a
ru4mv,wsK arp�Sso Public F.ciliti-(PF)A 0 du N/A
(no directly Corresponding zoning) 0 rooms/spaces N/A 0.30
Recreation(R) 0 du N/A 0.20
(FIR zoning) 2 rooms/spaces N/A
Residential Conservation(KC') (L—A.10 du(OS) N/A
(OS and NA zoning) 0.25 do(NA) N/A 0---0.20
0 rooms/spaces
yery 104-0enVy r%k9er10 Ow@*PTwt'WO M2.6d %A Mr
C�ad'm pcwr ussso aria I am leallomad AI pa ane reWdeI MwOng ult for each sjZ plafted
Rada"bat Madum 10t Or p3rX4 whW eA6*0 x g*nT*cr astr 2 lkd r VA 0 I'Mmoad Suodv&W dstra
Pa '44sw=a.PwZ WA
__FOnd 041-2019—approx.57 IS parcels
Proposed updates to: See Exhibit 1 -Examples:
oTo provide clarity, provide for internal consistency, update
deadlines within the comprehensive plan, eliminate Policy 204.2.7
accomplished or obsolete provisions, make corrections to text ytdi.th. ...arc �1}yea the ar ptir.n-sf tk )': hefris., rH.Jpdate� Monroe County shall maintain the LDC
and eliminate grammatical errors; and to amend provisions to t"rovido-a definition of wetlands that is consistent with the State definition contained in..in..R u12 62-340.200.,...F,;A,,,(;,;;(373.019(17)
reflect changes in local conditions and recent data,trends,issues F.S.).
and challen es.
II'..2!iic 206..6..6
. .........
r..
.IVlnnroe C.:ouraty shall oontim;;l,uc:to...protgct rnarrtecs ar74 theiir habitat taV mraintaininrt the ari,aGsteci dot kincp f a..ility and new rrrarina
o Added new Goal 218 and associated Objective and Polices. sitinrl critt na rand staf>porti,n,q atlishee,,,,Monroe„Coranty Rcratin a Restricted Aria (,22 Raale F£tf] >4 1 b,4, 4 A and th,e,
o Amendments for the Peril of Flood were developed I,Vlonrcae r..,aunty F3a?ating f cstricted.Tone.within Section 26 71of the rode of Ordinanrr;>>,,,,
pursuant to a DEP Resilience Planning Grant(R1915).
o Draft POF amendments were presented to the BOCC May Policy 215.3.2
20,2020(see agenda item 115). As provided by_gLgtion_252.385_ ties
o POF are required amendments: owned car,leased..b the state or local slave na,rrents, nrhich are,suitable,fo use as„paablic.hurricane evacuation shelters shall be
163.3178(2)(0 made available at the re,rlaa st r;[ the local rrr,rgrnry rnanagornerr;t;,, Monroe County shall continue trr,,,,,,,maintain an
A redevelopment component that outlines the principles that intergovernmental agreement with Miami-Dade County and other appropriate agencies(e.g.,Board of Regents,American Red
must be used to eliminate inappropriate and unsafe Cross) in an attempt to provide sufficient approved spaces outside of Monroe County for all county residents who will seek
development in the coastal areas when opportunities arise. shelter from a Category 3 or greater hurricane.(See Policy 1301.7.4)[F.S.§163.3178(2)(d)]
The component must:
1. Include development and redevelopment principles, ,4J L,2,1, ,i[Peril of Flood]
3.2 Conservation strategies, and engineering solutions that reduce the flood M n,rc, „C ra,aa,rr;ty shall consider the koeril of floodinrn,,,j , act tr eliminate ina ro rriate and unsafe develo ment irr redevelo arrrent
and Coastal risk in coastal areas which results from high-tide events, .lasso in coastal areas when o or&:unities arise. F.S. 1 k 3.3178 2 f
9 .2.........................................................................................................................................u.&i.............................................................................[........................§..................................................(......
Management storm surge,flash floods,stormwater runoff,and the related
Element impacts of sea-level rise. Pl[ii , ,_
2. Encourage the use of best practices development and Tlne Grrkunty r h:II_develop_by 2023:._a she rt _medium arrd Icrrrcl-term [loads arrd Stormwater C riital Flan info rmed_k y_future
redevelopment principles, strategies, and engineering ions and other le al and olic anal ses.
solutions that will result in the removal of coastal real
property from flood zone designations established by the ,ll'-10 iiast,_
Federal Emergency Management Agency. _D CouniY-shall consider storm damage rep2titjye Icrssa flood ri kv_uln�rafaility and proiected future sea level rise when
3. Identify site development techniques and best practices riaritizin land ac uisitions far existin structures and vacant lands. "flee Count shall evaluate a ortunities 'to demolish
that may reduce losses due to flooding and claims made ac aired structures usiraea the land for storrrawater or returrrinr the land to its natural :tat nr.,ludinca th r.:;r atirari of livin
Y g ............q ............................................................................................................................................................................... ...................................................�.
under flood insurance policies issued in this state. S. 1.1.0 r..Qtil]e r, .t a..,rravide resilient faerrefits in vaalrrerable areas.
4. Be consistent with, or more stringent than, the flood-
resistant construction requirements in the Florida Building
Code and applicable flood plain management regulations ,Th,e,,,C ou,n;ty,sh;aiipursue fundinet resources and provide assistance to property_owners for weratherization, mit:iaation flood
set forth in 44 C.F.R. art 60. Enfin and other floodd-resistantiflood rnitic�atian improverraent ;rroietts t fa Count shall)also seek funding o a arturaities for
p .................................................................................................................................................................... ................................................................................................................1.........44�
5. Require that any construction activities seaward of the ,relocation assistance for ta,rG,eacrty awn<:rs'to move to Iz:..,s rulnerat>l areas,and redcrce future flood losses.
coastal construction control lines established pursuant to s.
161.053 be consistent with chapter 161. !ble.cltii.y.2 218..:...............
6. Encourage local governments to participate in the Monroe Gotartity sl7all_be_cearrsistartwith, gr_rrrora utrincrent than Florida
National Flood Insurance Program Community Rating E3ulidinq_Lude Liq aPrplic�Lble Lig adSLiaair7_maria ement re ilations set forth in 44 C.C .R. mart 60
System administered by the Federal Emergency
Management Agency to achieve flood insurance premium
discounts for their residents.
Proposed updates to: See Exhibit 1 -Examples:
•To provide clarity and provide for internal consistency
•To incorporate the concepts from BOCC Resolution 292-2021, Policy 301.4.1
adopted on September 15, 2021, to support traffic flow Monroe County shall review the recommendations within h2 completed 2021 a U.S.1 Transportation Strategy Master Plan,
improvement projects that would alleviate congestion on U.S. 1 through its Long Range Transportation Plan, by May ineefpufa.hinq--are int.efmodal-A.Fanspertation system--and
and assist in improving the Level of Service on U.S. 1. and eonsideratiens e", to develo a coordinated nartnershir) with the Florida DagaqM�gnt of
requesting FDOT support U.S. 1 improvement projects that ILamipactaU20 end t ht municipalities or r�riaritirirry .EqLlansive Solutions to.im rove traffic flow,.red ce co g i .p�2...........1[qgat gja .L(2vide
!� .............E!
accomplish these goals and allocate funding within the five-year for intermodal transpg[L�LtiaLj_.[g __i-_QiliELg and ensure safet -res -ithi-n-_the'-
3.3 Traffic work program(see agenda item N1). Florida Egys. T4iirs (late ocmn,^A4es_-#Ath the-F.valuatjoH and AppFara1_4eViPw-wh1Gh fG*,)W& 4X� adW�on .A #4e-rp�4sed
Circulation G 4mprehe�.Plan,,
Element Policy 301.5.2
RyAAay 202!4�Monroe County shall review the recommendations within the completed..2021 t1wa County's U.S.....1 Trans p.... on
............................... . ......................................................PE�gfl............
Master Plan (Long Range Transportation Plan.). O..gygj.Q the Florida De.artment of
............................................................
..p =p ....... ......!2M grta[ion and the u i i aJ i s o pri riti in co p .�.g �� ��g flg��ircula.tion reduce..... ....L tgjj. ive s to i p
n.f !2...........Z g
......................................................... . ........... ....solution...... ......................................... .................................
ggng
r;stir..ara and P�n f�gkly and efficient access and travel alo .2 Florida '5. The qn shall
�..p Y......................................................................................................................................................................D.q
U.S.
U....S. 1 within hJ.n the e Fl.�r d Ke
...... . ............... ..... ... ....................Y... .......t.............. ly.........................
92.29A 9 ..a..........I i n rovernents that address flood resilie
1 P.....................................................................................................................................................................................ngy and 1g.d:ber Coun
...........................................t]��ad �Plpvation and
storrnwaLe.rk[g[ggta,-y6i!�Lincorporate4i,g the considerations of climate change implications to address the Roads. .Vujnerabili
....................................................... ...... ......................................................................................................................................................ly
Z� I I!2a!yj,,rs and Ca ta Plan for County MaIrItalnEcl roads
Proposed updates to: See Exhibit 1-Examples:
*Updates to reflect grant programs the County is pursuing and
implementing Policy 601.1.2
*To provide clarity and reflect accomplished provisions. Monroe County shall expand its participation in Federal and State housing assistance programs to rehabilitate owner and rental
3.6 Housing housing for very low, low, median, and moderate income residents by seeking grants, loans, and technical assistance in
Element conjunction with the Monroe County Housing Authority 4 W 1..M..nro,�C u t s a.La s p 1 ae a ...a.I? riat
P................ ........2 !2 Y......t 2 2.qig..P ............... .......P....1 p
.2................
in FEIVIA1 Ilaza.rd..Mi..Iig.g.!io.n..Gra.rit..Pr(�(rarn �.M.gp go i1i al.r.) As J,.'.1an Zk Q2E M.g. i y .P Egg.... .. ............. ............... ..4... ........q 0 .....!� g�yg��.
Kok Grant .Disaster Recovery( ' ........... ............. .............. .......
.........
.................................................................................................................................................. ... letion of flood rnitin,91ion nrn,ects,...sudi as the
elevation of homes above base flood level to reduce the risk of future flood danaace.
...................................................................................................................................................................................................................................................................................................................................................................................
Proposed updates to: See Exhibit 1-Examples:
o To provide clarity and reflect accomplished provisions.
Policy 701.2.4
Monroe County shall.c..�.of.d..J.n a t..e w..i..t h armuaigy-Aip-Oy.-FKAA and SFWMD.o...o A...pda n wWthe Biennial Public Facilities Capacity
... .................... ....... ... .. ..........tj� .........................................
Report..LPI-CR -4 PFCR reports shall include
prepared in accordance with Capital Improvements Policy 1401.4.9.These arffHh ................................. .
the latest information on land use, population trends, and growth management policies as well as facility capacity analyses
using data supplied by service providers.
3.7 Potable Water MT04-w5J
Element iiry
W+tnin ene44)year-rA adepbGrro:fthe 2.03G Oar iprehen,.-.,4'vp-P4ariA\4ower-Pounty. shall-evAuatethe penn"k)eafion-and pcmint
sysf.K�n ta-eorrswer as-signing-a po&#Jvo poirrt rating tG--devek4pments, uNi74nq--a4.emaTJve water
eGns K�Ve PGta4'.Ae-Wa1ef:6uppty..
Proposed updates to: See Exhibit 1-Examples:
oTo provide clarity, reflect statutory requirements and language,
eliminate obsolete provisions,and to amend provisions to reflect Objective 801.4
changes in local conditions and recent data,trends, issues and P.g.rs.g.a.n.t.10 S.e.ct.iqr1s 4.0.32022(2)am LA Monroe County shall continue to strive to achieve a 75 percent
Pursuant... .............. ....... ... ..
challenges. diversion rate of the municipal solid waste stream by-2920 through recycling. .T bg Ion, -terra in s r f E Lbg E .........i..s o..
o Due to economic changes domestically and internationally, Mgygj.g�2.�!g�g�aj .�id waste that VVOUld otherwise be dis facilities
.................................................................................................................................................................................
the demand for recyclable material specifically, plastic and landfills or incineration facilities however a y waste used forthe..Rroduction of renewable ener shall count toward the
..................................... ............................................................................................................ ........... .....................................................................................
glass has declined. Due to this decline and the cost I o i
associated with the changes, at this time mandatory Lc.j�Ld_grjitLs itfLj�Lt �g±iLi L �U., e in lie s of achievin. the j.).LLceLt A Li. c�jr�Ln_yL_ _ppL ±1_LL qL----LL------------q-----LEI _g2 - j_L�f_ --Ag2
recycling is not being pursued. continue pL(lyide a 2�1 education and p 0 p ic educat o
.... . ..... .EgEE.qtja�..p..L�LqLqE!
3.8 Solid Waste on n Monroe County does continue to strongly encourage that is_conducted to inform its residents_of.the..opportunity.1(2..EgLymaterials,Element businesses and residents to recycle.All Franchise haulers, arrd promotes the benefits of reducing reusin
provide commercial business recycling service containers,
and all residents receive a weekly recycling collection. Policy 801.4.1
Monroe County shall continue to assess collection practices,net material recovery,program costs and public participation,and
rates of curbside collection p"programs.The results of this assessment shall be considered in the design and irnp .Lpyg.E P� .DL
<9 a sub spquentp far..mnty wWp-,mafidatory-recycling program fmc residential and--rornaHanl
Policy 801.4.2
WrAhn three-3y.yeaFs-after4he-adeMkm-of4he,2030 Gornprehens4ve,Plap-Monroe County shall.... g. Ur.a....
.. .iwmf4emeA a county-
wide, mandatary-recycling gr d waste redUcti n pfogram, for residential and commercial locations; imrKIW44"3wio,. c, ns
...............................................................................9
irnpteinented-with funds CA.her tt'hir".3,9M. ty tax dott'ws.
Proposed updates to: See Exhibit 1-Examples:
c)To provide clarity and reflect accomplished provisions.
o Updated to be consistent with the updated County stormwater Policy 1001.1.1
manual and reference Rule 62-302.500, Surface Waters: Water Quality Level of Service Standards-Minimum Water Quality:
Minimum Criteria,General Criteria. All projects shall be designed so that the discharges will meetstandard.,
established in Rule 62.302.5.9 0.1 F A.�.Q... a ri..<!th.e rnonstrate
.... .... .... ..... .....
o Updated County stormwater manual and guidance -a!q� t�..It52�Djlro to the receivin water
3.10 Drainage 11291 29 ............... ...........................
Element developed pursuant to a DEO Community Planning rn in stormwater total nitror..en 1(..)ad and total
Technical Assistance Grant#P0363. r ac sphor.as load. Treatment and disposal facilities must be d e..S.J ned and o era[ed so trial off-site dis&ar..es meet Florida
c) Draft amendments and updates to the stormwater Manual State Water Quality/Quantity Standards as set forth in R.ut.e 6.2 3.9 2.�..520.1 F.=A C.� Ghaptprs 62-3-arid-62 302.630--F-A C_'
..... ..... ... .... .... .... .... .... ..... .....
and Brochure were presented to the BOCC June 17,2020 tReefpefaited N..,ff_'jR by-refereHce,.All projects should be designed in accordance with the Florida Department of Transportation
(see agenda item 115). and South Florida Water Management District standards and taking into account projections for sea level rise diaia.te�aharK.pa.
..................................................................
o Amendments adopted September 15, 2021 (see agenda
item R3).
Proposed updates to: See Exhibit 1—Examples:
o To provide clarity,reflect statutory requirements and language,
eliminate obsolete provisions,and to amend provisions to reflect ll:!.�Ai.c...Y 1 3 0 1 1 1 2.
.... .... ......................
changes in local conditions and recent data,trends,issues and M nro Co ri� collaborate with the..ff.uni ip Colony lBeach_Islamorada
2...............2..............U . .......................................... ...........................2 �J!1!1.s o f
.. ... .... ....
3.13 challenges. L.9 ns and orivalte
Intergovernmental o To incorporate the concepts from BOCC Resolution 292-2021, o[ganizations to exchancye Lg L ra LLijies includi ig
U__
Coordination adopted on September 15, 2021, to support traffic flow impacts From sea level rise.
Element improvement projects that would alleviate congestion on U.S. 1
and assist in improving the Level of Service on U.S. 1. and
requesting FDOT support U.S. 1 improvement projects that
accomplish these goals and allocate funding within the five-year
work program(see agenda item N1).
Policy 1301.3.4
Wift'"ne(1)-year,-tff.,pr4.heqdepfion-,,..4"7,,Phan—,Monroe County shall c..ntinue to coordinate with Miami-Dade County gDd tbg
P...........................................
El o rJJ. a Q e..)artment of f ranscort�.-ffion to evaluate the impact of development on levels of service within one mile of County
borders,and ensure concurrency and assess impacts on existing and proposed land use.
Policy 1301.4.11
Monroe County shall coordinate with FDOT on future U.S.1 roadway projects as they relate to the existing visions and goals of
this Flan and the Livable CommuniKeys Plans. Monroe Count ..shall r it coordinate with FDOF to review the recommendations
...........................
w i.t.I-IJ n t he, t.
.jJ n provide for intermodal t-an fort tion.facil.ities and ens�.re..sa re J n and efficient access and travel alo f.4
.2 .........................................................................................................................�.q
..................................................... .......................................................... .............2.1..g !1Y..........................................................................................................................................................................D
fely,
U...........S.............1...........w i!h i n t h e..........F I o r i d a..........K P..y
Proposed updates to: See Exhibit 1—Examples:
oTo provide clarity, reflect statutory requirements, update
deadlines, eliminate obsolete provisions, and to amend Policy 1502.1.6
provisions to reflect changes in local conditions and recent data, Within five(5)yeaFs afteF the adeptie.n of the_2030 Comprehensive Monroe County shall utilize eensider ina,,or .per atiwnq a
trends,issues and challenges. planning, design and permitting standard for infrastructure and public facilities that may includes a sea level rise .(SLR.)
oTo incorporate recommended edits developed with the draft assumption of r 2000 baseli-ne, 3" 7" by 2030 as developed by the Southeast Regional
Peril of Flood amendments pursuant to a DEP Resilience Climate Compact QQIj_UpdatPJ.Mg.ptation and resilier .Ldevolopm(ant shall also consider this sea level
.... ...........................................................Igy !qao inq �.Lrgjgg
PI g R[WgqctjLogan..The County shall c o ril.i.n.g.e La review and update sea level rise projections when new and pertinent data is
....... ....
available.(The 3" 7"by 2030 s based eR a 2010 baseline Of adjusted te a 1992 baseliRe t would Fesuilt OR 6"tO 10"by 2030
above the 1992 mean sea level)
11'-!21[L�Ly 1502AAI
Monroe Q u 2LI..P n n.and a a y is consistent with...Section..1 61..551,...F.S..,.(
2 LI qEYLL�g
.... ......................... ..... .................................... ...
financinczone Rule C2S 7 LEI).
.................................. ...
Studies for State-Financed Coastal GonstLi�LQL�Qgj_.and Section 38D.093,...F.a. Rise
Resifienco)_1Q..L�e..5�qrnp ................................................. ......... ...
harirrcf_opf�orturrities... Reviews..d _q n.a.nd analysis the
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3.15 Energy, technical criteria rise and future flood risk.
Resiliency and
Climate Element Policy 1503.2.1
Within.o. ne(11_vear Nve(-,I.))Iears,afteF4re daption Of-the-2.4A, Gomprehensive-Plan, Monroe County shall evaluate the P'eed
airw opportunities for additional st t.,9jga_pofisJk-s to reduce vehicle miles traveled ("VMT") by 2030 to addrpss e e y
E ? .......................................................D Lq .
climate issues as v..v..e..I.l as i..m..pLgvP traffic flow and reduce congp- h I n a..............�.m e n t.,gtion.Monroe Count will(..,,00rdinate with the o d De
................. ...........................................................n . .............................................................................................................. ...... ......
Q. f..........F..r..a could include offering a range of
... ..............
transportation choices )pmerit rff Rado-WAOpffle-Rt pfejeets; additional interniod.g.]
incentivizing connectivity between differing modes of transportation to increase modal split and linking residential and
employment center land uses to reduce the need for single vehicle trips.,...and ensur..e. sgFety resilierrc;lr.a r.0. effl.c..J..e ri.t a qc e as a od.
t F lorida Keys.
E.2higY IT I.I.-A
it onr(..)e Co.unt shall maintain a coordinated parl--kipi4k theM. Aties
20 pJoritizin.. (.,,om rehensive soll.ations to imnr, feasibilit or alternative
mod P f ransp.L!p 0 d toi rn I �g ig� S..... and maintain thp.saro!y '� ienc
'S 0 trans
2 !i n to address the inun a i r i Eg A ri e .......
.................................................................... ..................................................................................................................................................... ........... .1.......................................................................................................... ..........................Y.
and PfficienL access and L Lal n LI.S. I wiffiin the l:
..........................................................................................................................!��............2 0.......................................................................................:.lorida..K
.....................................
Proposed updates to update the definition of"development"to be See Exhibit 1
consistent with Section 380.04,F.S.This is a required
Glossary amendment.
to See Exhibit 2
be consistent with the Florida Division of Emergency
Coastal High Management's update to the SLOSH model for Monroe County. Coastal High Hazard Area(CHHA)means the area below the elevation of the Category 1 storm surge line as established by a Sea,Lake,
Hazard Area Map This is a required amendment. and Overland Surges from Hurricanes(SLOSH)computerized storm surge model.
BiBTorch Key ,
Lower Keys Plannirig Arlan
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Big,Pine Key
dle-Forch Kerry r ` �%. w w o
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rr�
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1 Ramrod Key
/ay
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w / %/ i �u
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r �j Cud oe Key /, S+amrrrcrland Kra ,/
r
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Nanning Area(Enlarged)
xurn rura
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!, 1111111110
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.,,�, "eti.. .�,....,..�„"m m., ��— d ru,its Surwr. � ✓i.w�",.r �.,�.�,