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Item B4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 2. 2009 Division: Growth Management Bulk Item: Yes NolL Department: Planning & Environmental Resources Staff Contact Person: Andrew Orner Trivette. Growth Management Director AGENDA ITEM WORDING: A public hearing to consider the adoption of an ordinance amending the Monroe County 2010 Comprehensive Plan, revising sections of the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key, amending sections to be consistent with the Habitat Conservation Plan , Incidental Take Permit, and Monroe County Code. ITEM BACKGROUND: The proposed amendments address inconsistencies between the Livable CommuniKeys Plan for Big Pine and No Name Key, the Habitat Conservation Plan and the Initial Take Permit. This item is part of the 09-01 Monroe Comprehensive Plan Amendment Package. This Package was transmitted to the Florida Department of Community Affairs (DCA) on January 26,2009. Staff received the Objections, Recommendations and Comments (aRC) report for the Amendment Package. There were no Objections or Recommendations, but only three Comments from the DCA. Staffhas incorporated all three comments in the revised amendment. PREVIOUS RELEVANT COMMISSION ACTION: BOCC transmittal to DCA, January 26,2009 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval TOTAL COST: N/A BUDGETED: Yes - No N/A COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes - No N/A AMOUNT PER MONTH: N/A Year - APPROVED BY: County Attorney _ OMB / Purchasing_ Risk Management_ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # ORDINANCE NO. -2009 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY 2010 COMPREHENSIVE PLAN TO REVISE SECTIONS OF THE LIVABLE COMMUNIKEYS MASTER PLAN FOR BIG PINE KEY AND NO NAME KEY; CLARIFYING SECTIONS INCONSISTENT WITH THE HABITAT CONSERVATION PLAN, INCIDENTAL TAKE PERMIT, AND MONROE COUNTY CODE; PROVIDING FOR SEVERABILITY AND REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE SECRETARY OF STATE AND THE DEPARTMENT OF COMMUNITY AFFAIRS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (BOCC) held a public hearing on June 2, 2009 for the purposes adopting a proposed amendment to the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the BOCC voted to transmit the proposed amendment to the Florida Department of Community Affairs on January 26,2009; and WHEREAS, the BOCC makes the following findings of fact and conclusions of law: 1. The Livable CommuniKeys Master Plan for Big Pine Key and No Name Key (LCP) was completed in August, 2004, adopted by the Board of County Commissioners on August 18, 2004 and is incorporated by reference into the Monroe County 2010 Comprehensive Plan by Policy 101.20.2(1) 2. This LCP included Maps and Action Items that guide future development on Big Pine Key and No Name Key. 3. The Habitat Conservation Plan for Florida Key Deer (HCP) was prepared by Monroe County for the U.s. Fish and Wildlife Service on April, 2003 and revised on April, 2006. 4. Incidental Take Permit (ITP) was prepared by the U.S. Fish and Wildlife Service and became effective June 9, 2006 and expires June 30, 2023. 5. Monroe County Land Development Regulations (LDR) also includes policies that impact future development in Big Pine Key and No Name Key. 4. Conflicts between the HCP, ITP, LDR, and LCP for Big Pine Key have been identified. 5. On January 7, 2009, the Monroe County Planning Commission held a public hearing on the proposed ordinance, and in due consideration of public comment and debate, recommended passing a resolution to the Board of County Commissioners approving the adoption of amendments to the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key. 6. The proposed amendments are internally consistent with other elements of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COMMISSION OF MONROE COUNTY, FLORIDA: [Amendments are presented in strikethnmgh to indicate deletions and underline to indicate additions to text. All other words, characters, and language of this subsection remain un- amended. ] Section 1. The Livable CommuniKeys Master Plan for Big Pine Key and No Name Key is amended as follows: List of Fie.ures Figures 1.1, 2.1, 2.2, 2.5, 2.7, 2.8, and 6.1 are amended to only include lands shown within the Habitat Conservation Plan (HCP). Action Item 3.2.2: The re-vised ROGO for Big Pine Key and No Name Key include: shall be implemented through the Monroe County Comprehensive Plan and the Monroe County Code. reflecting the requirements of the Habitat Conservation Plan (HCP) and Incidental Take Permit (ITP). a. ^ threshold eligiaility of "0" is req-1:lired to eater the allocatioB system and compete for an allocation award; b. ,A43plicatioas if!. Tier III have no negative poiats and thererore aefti€l"/e the threshold and are automatieally eligible to eater the alloeation system.. Baseliae negati'{e values assigaed to Tier I and II applications are as follO'.'1s: Tier II 10 Tier I 20 l\dditional negative points will be aeeUffi1:llated based on the follo"'ling criteria: Identified Key deer eorridor 10 'Nithif!. 500 meter buffer of Marsh Rabbit habitat 10 No Name Key 10 The above criteria are oomulative e.g. an applieatiof!. within Tier I ( 20), a deer eorridor ( 10), and Lower Keys marsh rabbit habitat ( 10) \vould ha'/e a total score of 10; c. Poiats may be aCq1:1ired to reach the threshold afld to make the application more eompetitive through land dedicatioa in Tier lor Tier II (t\'lO points) afld by aggregating lots in Tier II or Tier III (three poiats). No aggregation oflots 'Ifill be permitted in Tier I; d. ,A.. competiti'/e poiats based system. ':fill be used to a'l/ard alloeations to eligible applicants vlithin eaeft allocatioa period; e. ,AJl additioaal persever8:fJ:ee poiat will be added for eaeft year an applicant is in the system after year one; f. f..pplications in Tier III, which entered the curreat RaGa allocation system prior to adoptiof!. of this plan will receive an additional perseverance poiat for every year they have been in the RaGa system.. ,A..pplicants in Tier I afld Tier II, if they acquire the points necessary to reach the threshold will also recci'.'e a point for e'fery year in the system.. g. An applicant will be eligible to apply for administrative relief ia fi'le years if an allocatioR award has not been received. The form of relief will be property purchase for Tier I lands afld either property pl:lfchase or permit award for Tier II and Tier III lands. Action Item 3.2.3: Count as part of the 200-unit cap, thtHG 1. residential units that have been awarded allocations for beneficial use and administrative relief. These units may be issued upoa COl:lflty approval of the HCP 8:fJ:d Reed Rot be held for adoption of this Master Plan. The 200 dwelling units are tracked from June 9. 2003. the beginning of the 20-year period in the Incidental Take Permit. Action Item 3.2.6: Limit allocation awards in Tier I to no more than two peroent five percent of all residential units permitted over the twenty year planning period (i.e. a maximum of 10 units) or a total ofH = 0.022 (two percent of the total H), whichever results in the lower H. Development in Tier 1 is tracked from December 27.2004. the effective date of the Livable CommuniKeys Plan. which established the Tier System for Big Pine Key and No Name Key. Action Item 3.2.7: Land acquisition for mitigation and the total impact of commercial. institutional and residential development (H impact = 1.1) is tracked from March 13. 1995. U.S. Fish and Wildlife Service has allowed the County to record the H value for all development and land acquisition (mitigation) from March 13. 1995 Action Item 8.1.1: Regulate new fences as follows: a. Prohibit new fences on Tier I lands except as authorized by the U.S. Fish and Wildlife Service exeept for fencing of de'/eloped lots ':lithin Port Pine Heights and Kyle Dyer Subdh'isions and fencing required for safety purposes at any location to enclose the immediate impervious area of pools and tennis courts. b. Prohibit new fences in non-residential areas along U.S. 1. c. Permit new fences on developed eaftftllots and vacant eaftftllots that are contiguous to and serve a principal use within Tier II and Tier III. and within Port Pine Heights and Kyle Dyer Subdiyisions. All fences shall be designed to meet adopted fence design guidelines for the planning area already contained in the land development regulations. d. Allow replacement of fences existing on the date this plan is adopted in their existing configuration. e. Do not consider fencing of developed property in Tier II or III (whether developed with principal or accessory uses) to have H impact additional to the development as modeled in the HCP as a reduction in K. Action Item 8.1.2: Regulate new accessory uses as follows: a. No new development other than residential single-family and accessory uses will be permitted in Tier I Areas. Prohibit new aeeessory uses other than Tier I lands eKeept aooessory uses loeated ','lithin Port Pine Heights or Kyle Dyer Subdivisions and other areas with existing f-eneed yafds. b. Permit new accessory uses to be located on the same parcel as the principal use within Tier 1. Tier II and Tier III lands. and within Port Pine Heights and Kyle Dyer Subdivisions. Do not consider accessory uses located on the same parcel as the principal use to have any H unit impact additional to the principal use. c. Permit new accessory uses on vacant lots contiguous to and serving a principal use within Tier II and Tier III lands, and as authorized bv the V.S Fish and Wildlife Service within Port Pine Heights and Kyle-Dyer Subdivisions. Consider new accessory uses located on vacant lots to impact H-Value. d. Allow for the replacement of existing accessory uses and/or for their relocation elsewhere on the same parcel for safety and security purposes. e. Continue to apply all other Comprehensive Plan and land development regulations regarding types, placement and other features of accessory uses. Section 2. If any section, subsection, sentence, clause, item, change, or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such validity. Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. This ordinance shall be transmitted to the Planning Department to the Department of Community Affairs pursuant to Chapter 163 and 380, Florida Statutes. Section 5. This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become effective until a notice is issued by the Department of Community Affairs or Administrative Commission finding the amendment in compliance with Chapter 163, Florida Statutes. Remainder of this page left intentionally blank PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting held on the 2md day of June A.D., 2009. Mayor George Neugent Mayor Pro Tern Sylvia Murphy Commissioner Kim Wigington Commissioner Heather Carruthers Commissioner Mario Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor George Neugent (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK ~I,\t".-,.~~- - - ...:~.:::~}~ :t_""'";,' -,:".;,}-.',j 1 2 MEMORANDUM 3 MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT 4 We strive to be caring, professional and fair 5 6 To: Monroe County Board of County Commissioners 7 8 Through: Andrew O. Trivette, Director of Growth Management 9 Townsley Schwab, Acting Director of Planning & Environmental Resources 10 11 From: Mitchell N. Harvey, AICP, Comprehensive Planning Manager lit If 12 13 Date: May 26, 2009 14 15 Subject: Amendments to the Livable CommuniKeys Master Plan for the Future 16 Development of Big Pine Key and No Name Key 17 18 Meeting: June 2, 2009 19 20 I REQUEST 21 22 The Growth Management Division is requesting to amend the Livable CommuniKeys Master 23 Plan for Future Development of Big Pine Key and No Name Key (LCP) to resolve policies 24 that conflict with the Habitat Conservation Plan (HCP) for Florida Key Deer, and Incidental 25 Take Permit (ITP). The HCP was prepared for U.S. Fish and Wildlife Service by Monroe 26 County in April 2003 and updated April, 2006. The ITP was prepared by the U.S. Fish and 27 Wildlife Service and became effective on June 9, 2006 and will expire on June 30, 2023. 28 These two federally mandated documents specify land use policies required to protect the 29 Key Deer, Marsh Rabbit, and Indigo Snake through habitat preservation and conservation on 30 Big Pine Key and No Name Key. Permitted uses, accessory uses, and fences are the primary 31 land use issues addressed within the HCP and ITP. 32 33 The LCP was prepared in August, 2004 following a series of public workshops that identified 34 community visioning, issues and needs. This effort resulted in the preparation of 35 Recommended Strategies and Actions. The LCP was then incorporated into the Monroe 36 County 2010 Comprehensive Plan by reference as Policy 101.20.2(1) by the Board of County 37 Commissioners on August 18, 2004. Any amendments to the Recommended Strategies and 38 Actions therefore require an amendment to the Monroe County 2010 Comprehensive Plan. 39 40 At the present time, these three documents, the LCP, HCP, and ITP provide the guidance 41 necessary to manage growth and proposed development within Big Pine Key and No Name 42 Key. However, planning staff has identified conflicts between these plans that require 43 resolution in order to provide clear guidance for future development decisions. These include 44 action items specified within the HCP and ITP that are not adequately addressed within the 45 LCP. Since the HCP and ITP are federally mandated plans that support habitat of federally Page 1 of9 Reviewed by _ W:\Planning\Working Folders\Harvey-Mitch\Big Pine Amendments\BOCC 6.2.09\BOCC Big Pine LCP Staff Report. doc 1 LCP. Since the HCP and ITP are federally mandated plans that support habitat of federally 2 protected endangered species, the LCP must be amended to be consistent with these two 3 documents. The following amendments to the LCP will resolve these issues. 4 5 List of Fie:ures 6 All map figures are amended to only include lands within Big Pine Key and No Name Key as 7 written in the HCP. 8 9 Staff Explanation: Existing map figures include lands that are beyond the jurisdiction of the 10 HCP and ITP 11 12 Action Item 3.2.2: 13 The revised RaGa for Big Pine Key and No Name Key inelude: shall be implemented 14 through the Monroe County Comprehensive Plan and the Monroe County Code. reflecting 15 the requirements ofthe Habitat Conservation Plan (HCP) and Incidental Take Permit (ITP). 16 17 Staff Explanation: The RaGa requirements and implementation of the tier system, as 18 stated within the LCP, are not consistent with the development standards specified within 19 Comprehensive Plan and Land Development Regulations. The proposed amendment will 20 require the Comprehensive Plan and the Monroe County Code to be the basis for 21 implementing RaGa standards in Big Pine Key and No Name Key. 22 23 a. '^L tm-eshold eligibility of "0" is required to enter the allocation system and compete for an 24 allocation award; 25 26 b. ApplieatioRs in Tier III have no negative points and therefore achi~'e the threshold 27 and are automatically eligible to enter the allocation system. Baseline negative values 28 assigned to Tier I and II applications are as follows: 29 Tier II 10 30 Tier I 20 31 32 '^Ldditional negative points will be aceumulated based on the following criteria: 33 Identified Key deer corridor 10 34 \Vithin 500 meter buffer of Marsh Rabbit habitat 10 35 No Name Key 10 36 37 The above criteria are cumulative e.g. an application within Tier I ( 20), a deer corridor ( 38 10), and Lower Keys marsh rabbit habitat ( 10) would have a total score of 10; 39 40 c. Points may be acquired to reach the threshold and to make the application more 41 competitive tm-ough land dedication in Tier I or Tier II (two points) and by aggregating 42 lots in Tier II or Tier III (three points). No aggregation oflots '.vill be permitted in Tier I; 43 44 d. .^L competitive points based system will be used to award allocations to eligible 45 applicants 'Nithin each allocation period; 46 Page 2 of9 Reviewed by _ W:\Planning\Working Folders\Harvey-Mitch\Big Pine Amendments\BK LCP BOCC 6.2.09\BOCC Big Pine LCP Staff Report.doc 1 e. fJi additional perSe'feranee point v;ill be adaea for eaeh year an applieant is in the 2 system. after year O8:e; 3 4 f. ,,^..pplieations in Tier III, whieh entered the oorrent ROGO alloeation system prior to 5 adoption of this plaR will receive an aaditional perse'/eranee point for every year they 6 have beeR in the ROGO system. ,,^..pplieants in Tier I and Tier II, if they acquire the points 7 necessary to reaeh the threshold will also receiye a point for every year in the system. 8 9 g. ,,^Ji applieant will be eligible to apply for administratiye relief in fi'.'e years if 8fl 10 allooation fl-"Nard has not beeR reeei'/ea. The f-orm of relief v,'ill be property pl:lfooase for 11 Tier I lands and either property purehase or permit a\'1ard for Tier II and Tier III lands. 12 13 Action Item 3.2.3: 14 Count as part of the 200-unit cap from the approval of the HCP (June 9. 2003), th~ ~ 15 residential units that have been awarded allocations for benefieiwl:lse and administrative 16 relief. These l:lnits may be issued l:lpon County appmyw of the HCP ana need not be held for 17 adoption of this Master Plan. 18 19 Staff Exolanation: Staff does not know where the number of thirty (30) residential unit 20 allocations originated. Twenty-one (21) permit allocations were designated for beneficial use 21 in 1995 and have already been accounted for during ROGO years 4-6. Four (4) units were 22 allocations designated for administrative relief and were not allocated to any ROGO year. 23 Therefore, staff believes only these four (4) allocations should be counted against the cap. 24 25 Action Item 3.2.6: 26 Limit allocation awards in Tier I to no more than two pereent five percent of all residential 27 units permitted over the twenty year planning period (i.e. a maximum of 10 units) or a total 28 ofH = 0.022 (two percent of the total H), whichever results in the lower H. Development in 29 Tier 1 is tracked from December 27.2004. the effective date of the Livable CommuniKeys 30 Plan. which established the Tier System for Big Pine Key and No Name Key. 31 32 Staff Exolanation: The first correction for 2% to 5% was an apparent typographical error. 33 The ITP allows a maximum of 10 residential units in Tier I or 2% of the total H, not 2% of 34 the total number of residential units. The remainder of the paragraph was added at the 35 request of DCA. 36 37 Action Item 3.2.7: 38 Land acquisition for mitigation and the total impact of commercial. institutional and 39 residential development (H impact = 1.1) is tracked from March 13. 1995. U.S. Fish and 40 Wildlife Service has allowed the County to record the H value for all development and land 41 acquisition (mitigation) from March 13. 1995. U.S. Fish and Wildlife Service has allowed 42 the County to record the H value for all development and land acquisition (mitigation) from 43 March 13. 1995 44 45 46 Page 3 of 9 Reviewed by _ W:\Planning\Working Folders\Harvey-Mitch\Big Pine Amendments\BOCC 6.2.09\BOCC Big Pine LCP Staff Report. doc 1 Staff Explanation: In its Objections, Recommendations and Comments, DCA 2 recommended that this new action item be added. Big Pine Key was under a building 3 Moratorium due to the lack of concurrence with State of Florida transportation requirements, 4 as the Level of Service (LOS) of US-1 was insufficient. During the building moratorium, 5 Monroe County continued to acquire land for conservation. U.S. Fish and Wildlife Service 6 has allowed the County to record the H value for all development and land acquisition 7 (mitigation) from March 13, 1995 8 9 Action Item 8.1.1: 10 Regulate new fences as follows: 11 12 a. Prohibit new fences on Tier I lands except as authorized by the U.S. Fish and Wildlife 13 Service except for feBeiag of deyeloped lots withia Port Piae Heights and Kyle Dyer 14 8ubdiyisioas and fencing required for safety purposes at any location to enclose the 15 immediate impervious area of pools and tennis courts. 16 17 Staff Explanation: The ITP and HCP do not allow any new fence permits within Tier I, 18 unless authorized by the u.S. Fish and Wildlife Service. The proposed amendment brings 19 the LCP into conformity with the ITP and HCP by removing the exception of developed 20 lots within Port Pine Heights and Kyle Dyer Subdivision. 21 22 23 b. Prohibit new fences in non-residential areas along u.S. 1. 24 25 c. Permit new fences on developed eftftftllots and vacant eftftftllots that are contiguous to 26 and serve a principal use within Tier II and Tier III. and ...:ithia Port Pine Heights and 27 Kyle Dyer 8l:lbdiyisions. All fences shall be designed to meet adopted fence design 28 guidelines for the planning area already contained in the land development regulations. 29 30 Staff Explanation: The proposed amendment will allow fences on any developed lot and 31 vacant lot contiguous to principal use in Tier II and Tier III. There was no evident reason 32 for only allowing such fences on canal lots. Staff also recommends deleting the reference 33 to Port Pine Heights and Kyle Dyer Subdivisions since they are located within Tier I. 34 35 d. Allow replacement of fences existing on the date this plan is adopted in their existing 36 configuration. 37 38 e. Do not consider fencing of developed property in Tier II or III (whether developed 39 with principal or accessory uses) to have H impact additional to the development as 40 modeled in the HCP as a reduction in K. 41 42 Action Item 8.1.2: 43 Regulate new accessory uses as follows: 44 45 a. No new development other than residential single-family and accessory uses will be 46 permitted in Tier I Areas. Prohibit ae\T: aecessory uses on Tier I 18:flds <*.eept aeeessory Page 4 of 9 Reviewed by _ W:\PlanningIWorking Folders\Harvey-Mitch\Big Pine Arnendments\BOCC 6.2.09\BOCC Big Pine LCP Staff Report. doc 1 uses loeated within Port Pine Heights or Kyle Dyer 8l:lbdivisiofls and other areas with 2 existing feneed yards. 3 4 Staff Exolanation: This statement is a requirement of the HCP and ITP. 5 6 b. Permit new accessory uses to be located on the same parcel as the principal use within 7 Tier I. Tier II and Tier III lands. and withia Port Pine Heights and Kyle Dyer 8 8ubdivisioas. Do not consider accessory uses located on the same parcel as the principal 9 use to have any H unit impact additional to the principal use. 10 11 Staff Exolanation: Staff recommends deleting the reference to Port Pine Heights and 12 Kyle Dyer Subdivisions since they are located within Tier I. 13 14 c. Permit new accessory uses on vacant lots contiguous to and serving a principal use 15 within Tier II and Tier III lands and within Port Pine Heights and Kyle-Dyer 16 Subdivisions. Consider new accessory uses located on vacant lots to impact H-Value. 17 18 Staff Recommendation: Staff recommends deleting the reference to Port Pine Heights 19 and Kyle Dyer Subdivisions since they are located within Tier I. 20 21 d. Allow for the replacement of existing accessory uses and/or for their relocation 22 elsewhere on the same parcel for safety and security purposes. 23 24 e. Continue to apply all other Comprehensive Plan and land development regulations 25 regarding types, placement and other features of accessory uses. 26 27 II PROCESS 28 29 Amendments to the Goals, Objectives, and Policies of the Comprehensive Plan may be 30 proposed by the Board of County Commissioners (BOCC), the Planning Commission or the 31 Director of Planning. The Director of Planning shall review and process amendments and 32 pass them on to the Development Review Committee and the Planning Commission for 33 recommendation and final approval by the BOCC. 34 35 The Planning Commission and the BOCC shall each hold at least one public hearing on a 36 proposed amendment. The Planning Commission shall review the amendment, the reports 37 and recommendations of the Department of Planning & Environmental Resources and the 38 Development Review Committee, and the testimony given at the public hearing, and shall 39 submit its recommendations and findings to the BOCC. The BOCC shall consider the staff 40 report, recommendation, and testimony given at the public hearings and may either deny the 41 application or adopt or not adopt a resolution transmitting the proposed amendment to the 42 DCA. Amendments are then reviewed by the Florida Department of Community Affairs and 43 returned to the County with Objections, Recommendations and Comments (ORC Report) to 44 be considered prior to adoption of the ordinance. Then, an adoption hearing is scheduled for 45 the BOCC within 60 days of the ORC Report. 46 Page 5 of9 Reviewed by _ W:\Planning\Working Folders\Harvey-Mitch\Big Pine Amendments\BOCC 6.2.09\BOCC Big Pine LCP Staff Report. doc 1 III RELEVANT PRIOR COUNTY ACTIONS 2 3 August 18, 2004, BOCC adoption of Policy 101.20.2 (1), incorporating LCP into the Monroe 4 County 2010 Comprehensive Plan (Ord. 029-2004, 12/27/04). 5 6 IV REVIEW OF APPLICATION 7 8 A. Consistency of the proposed amendment with the provisions and intent of the Monroe 9 County Year 2010 Comprehensive Plan: 10 11 Staff Comment: The proposed amendment will support and enhance the habitat of 12 Federally protected endangered species, as required by the Conservation Element. 13 14 B. Consistency of the proposed amendment with the provisions and intent of Chapter 9.5 of 15 the Monroe County, Land Development Regulations: 16 17 Staff Comment: The proposed amendment may require an amendment to the Land 18 Development Regulations to enforce the proposed changes to permitted use, accessory 19 use, and fence requirements in Big Pine Key and No Name Key. 20 21 C. Consistency with the Principles for Guiding Development in the Florida Keys Area of 22 Critical State Concern: 23 24 Staff Comment: All adopted comprehensive plan Goals, Objectives and Policies (GOP) 25 enacted, amended or rescinded within an Area of Critical State Concern must be 26 consistent with the Principles for Guiding Development, Section 380.0552(7), Florida 27 Statutes. The proposed GOP amendment promotes and furthers the following Principles 28 in Section 380.0552(7): 29 30 1. To strengthen local government capabilities for managing land use and 31 development so that local government is able to achieve these 32 objectives without the continuation of the area of critical state concern 33 designation. 34 35 The proposed amendments to the LCP will provide clear direction that 36 assists in the enforcement of the RCP and ITP land use and 37 development requirements for endangered species habitat conservation 38 in Big Pine Key and No Name Key. 39 40 11. To protect shoreline and marine resources including mangroves, coral 41 reef formations, seagrass beds, wetlands, fish and wildlife, and their 42 habitat. 43 44 The proposed amendments will support the preservation of endangered 45 species habitat in Big Pine Key and No Name Key. 46 Page 6 of9 Reviewed by _ W:\Planning\Working Folders\Harvey-Mitch\Big Pine Amendments\BOCC 6.2.09\BOCC Big Pine LCP Staff Report. doc 1 111. To ensure the maximum well-being of the Florida Keys and its citizens 2 through sound economic development. 3 4 The proposed amendments will direct growth and development in a 5 manner that will minimize impacts on Federally protected endangered 6 speCIes. 7 8 IV. To limit the adverse impacts of development on the quality of water 9 throughout the Florida Keys. 10 11 It is not anticipated that development resulting from the proposed 12 amendments will impact the water quality. 13 14 v. To protect the value, efficiency, cost-effectiveness, and amortized life 15 of existing and proposed major public investments, including sewage 16 collection and disposal facilities. 17 It is not anticipated that development resulting from the proposed 18 amendments will impact public infrastructure. 19 20 VI. To protect the public health, safety, and welfare of the citizens of the 21 Florida Keys and maintain the Florida Keys as a unique Florida 22 Resource. 23 24 The proposed amendments will support the preservation of endangered 25 species habitat in Big Pine Key and No Name Key, which supports the 26 maintenance of the unique environment only found Florida Keys. 27 28 D. Impact on Community Character: 29 30 The proposed amendment will allow the continued preservation of endangered species 31 habitat in Big Pine Key and No Name Key. 32 33 E. Florida Department of Community Affairs (DCA) Objections, Recommendations and 34 Comments (ORC): 35 36 The DCA submitted its ORC for Monroe County Comprehensive Plan Amendment 09-01 37 on April 7, 2009 with the following comments regarding the proposed amendment to the 38 Livable CommuniKeys Plan for Big Pine Key and No Name Key: 39 40 Action Item 3.2.3: 41 Count as part of the 200-unit cap from the approval of the HCP (June 9. 2003), th~ 1 42 residential units that have been awarded allocations for eenefieialuse and administrative 43 relief. These l:IB:its may be issl:led l:lpon CouBty appr-oyal oftfle HCP aad need not he held 44 for adoption of this Master Plan. 45 Page 7of9 Reviewed by _ W:\Planning\Working Folders\Harvey-Mitch\Big Pine Amendments\BOCC 6.2.09\BOCC Big Pine LCP Staff Report. doc 1 DCA Comment: DCA recommends that the County include additional action items (or 2 policies) to identify the significant dates related to Big Pine Key and No Name Key for 3 the tracking of Habitat impact, land acquisition and the number of units or Habitat impact 4 allowed in Tier 1. 5 6 DCA's Recommendation-First bullet: New residential development is limited to a 7 maximum of200 dwelling units. The 200 dwelling units are tracked from June 9, 2003, 8 the beginning of the 20 year period in the Incidental Take Permit. 9 10 DCA's Recommendation-Second bullet: New residential development in Tier 1 areas 11 is limited to no more than five percent of all residential units permitted over the 20-year 12 life of the HCP (maximum of 10 units) or a total ofH = 0.022 (two percent of the total 13 H), whichever results in a lower Habitat value. Development in Tier I is tracked from 14 December 27, 2004, the effective date of the Livable CimmuniKeys Plan, which 15 established the tier system for Big Pine Key and No Name Key. 16 17 Staff Recommendation: Action Item 3.2.3 is amended to read as follows: 18 Limit allocation awards in Tier I to no more than t','/o pereeat five percent of all 19 residential units permitted over the twenty year planning period (i.e. a maximum of 10 20 units) or a total ofH = 0.022 (two percent of the total H), whichever results in the lower 21 H. Development in Tier 1 is tracked from December 27.2004. the effective date of the 22 Livable CommuniKeys Plan. which established the Tier System for Big Pine Key and No 23 Name Key. 24 25 26 DCA's Recommendation-Third bullet: Land acquisition for mitigation and the total 27 impact of commercial, institutional and residential development (H impact = 1.1) is 28 tracked from March 13, 1995. U.S. Fish and Wildlife Service has allowed the County to 29 record the Habitat value for all development and land acquisition (mitigation) from 30 March 13, 1995. 31 32 Staff Recommendation: Action Item 3.2.7 is created to read as flows: 33 Land acquisition for mitigation and the total impact of commercial. institutional and 34 residential development (H impact = 1.1) is tracked from March 13. 1995. 35 36 37 V FINDINGS OF FACT 38 39 1. The Livable CommuniKeys Master Plan for Big Pine Key and No Name Key (LCP) was 40 completed in August, 2004, adopted by the Board of County Commissioners on August 18, 2004 41 and is incorporated by reference into the Monroe County 2010 Comprehensive Plan by Policy 42 101.20.2(1) 43 44 2. This LCP included Figures and Action Items that guide future development in Big Pine Key 45 and No Name Key. 46 Page 8 of9 Reviewed by _ W:\Planning\Working Folders\Harvey-Mitch\Big Pine Amendments\BOCC 6.2.09\BOCC Big Pine LCP StaffReport.doc 1 3. The Habitat Conservation Plan (HCP), Incidental Take Permit (ITP), and Monroe County 2 Land Development Regulations (LDR) also include policies that impact future development in 3 Big Pine Key and No Name Key. 4 5 4. Conflicts between the HCP, ITP, LDR, and LCP for Big Pine Key have been identified. 6 7 5. On January 7, 2009, the Monroe County Planning Commission held a public hearing on the 8 proposed ordinance, and in due consideration of public comment and debate, recommended 9 passing a resolution to the Board of County Commissioners approving the adoption of 10 amendments to the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key. 11 12 6. The proposed amendments are internally consistent with other elements of the Comprehensive 13 Plan. 14 15 VI CONCLUSIONS OF LAW 16 17 1. The proposed amendment will support and enhance the existing or future land use 18 character of Monroe County. 19 20 2. The proposed amendment IS internall y consistent with the Monroe County 21 Comprehensive Plan. 22 23 3. The proposed amendment will allow comprehensive protection and enhancement of the 24 Florida Keys' unique habitat that supports Federally protected endangered species in Big 25 Pine Key and No Name Key. 26 27 28 29 VII RECOMMENDATION 30 31 Staff recommends approval to the Monroe County Board of County Commissioners. 32 33 VIllA TT ACHMENTS 34 35 1. Master Plan for Future Development of Big Pine Key and No Name Key 36 2. Amended Map 37 38 39 40 Page 9 of9 Reviewed by _ W:\Planning\Working Folders\Harvey-Mitch\Big Pine Amendments\BOCC 6.2.09\BOCC Big Pine LCP Staff Report. doc A ... \ '. \ - ~~ / \..../ () ~r~~~ . ~ o /, J . 0 o I ;.1, JI1 S- ,0 J-.k, Iy A \o\J ~:/ ~ 1/ 0 (-, -.: J :y ~ ;\ / ....../1 , I .c:..--J' "I ,1 J~ hr'v,r " r v ) ( -~ / \ (, \ .' /~~--,/ rY '-. \ .. . - ./~.. ",j ~ ~ ~z . livab\e comm""iKeys \>togtam '*~ ...., . ~ . 6. _ ~ -, ."....t... \ ~ 0..'" -. , ~ Ma. ,r I'I.an ~ " .:". .::. fOr uture Developme~ .t- of Big A. e Key aRE. No Name\~~y, A"'! ~ ~. ., - J C ....^ ~ ... .'PIP -, Monroe County Planning and Environmental Resources Department A.I _ ., I August 2004 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 aster Plan for ~~ .~o~ of 81& Pine ~ta~ -. 0\ am: "Ke~ . '. ~ I . . . , 2003~ 023 . <:> . ..... ~ \\ . O. Adopte4-"by the Board of County Co - . l August 18, 2004 0 ~J~:. . :-'. -;'ll ,~ A .d'.. "'~"\ !P - ~.'. t,.... . . J." ... . : r ~ , J) . . .' ; ~ with ~tn ~ a L. McNeese, Environmental Consultant . Marlene Conaway, Director and Project Leader Robert Will, Planner 2 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Community Vision "We envision Big Pine and No Name Key as: . A rural community with a small town atmosphere and way-of-life where people feel a connection with their friends and neighbors. . A community rich in natural and scenic resources including endangered habitat found nowhere else in the world. . A unique community in the Florida Keys where people can live in harmony with the natural world. . Where residents and visitors can take advantage of the local goods and services without fighting traffic. . Where kids of all ages have plenty of recreational opportunities. . Where the dreams of home ownership and planting roots in the community can be real- ized. . Where government regulations make sense and work for the betterment of all. . Above all, we envision a community that responds to the needs of all its inhabitants." 3 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Executive Summary During the spring and fall of 2000, the residents and property owners of Big Pine and No Name Keys worked with Monroe County planning staff on the Livable CommuniKeys Program (LCP) to identify the needs and desires of the community for future development on Big Pine Key and No Name Key. Alternative potential development patterns and types were drafted during the process for evalua- tion to determine any possible impacts to the endangered species which make these islands their home. In order for any new development to occur, including road improvements, a permit from U. S. Fish and Wildlife Service (USFWS) was required. Therefore, the county and state have funded the preparation of a Habitat Conservation Plan (HCP) for the islands. The HCP is a proposal to mitigate and compensate for the potential negative effects of develop- ment activities on the endangered species. The HCP is being reviewed by the USFWS to deter- mine if it meets the species protection criteria. The HCP is a permit application to allow a limited amount of development to occur as long as the impact on the endangered species is minimized and mitigated and the long term viability of the species is considered. The USFWS interest is in the protection of the endangered species, while the LCP plan provides the framework for development activities. The LCP Master Plan minimizes impacts from development on the endangered species by di- recting development to areas of low habitat value and reducing trip length; limiting the amount of proposed development to maintain the rural character and to maximize the amount of habitat protected; and mitigating development by purchasing land for permanent protection. The proposed LCP Master Plan will classify all land on Big Pine and No Name Keys into three 'tiers' based on conservation and infill priorities. Most of the islands are classified as Tier 1 because of their environmental sensitivity and importance for the continued viability of the en- dangered species. Tier 2 lands are canal lots located a distance from U.S. 1 with a potential for secondary impacts on the endangered species from traffic. Tier 3 lands are canal lots in close proximity to U.S. 1, which provide little habitat value to the endangered species and because of location, a decreased potential for deer kills from vehicles. Some undeveloped lots in Tier 3 are also located between existing developed commercial lots in the U.S. 1 corridor. The development activities proposed in the Plan are expected to occur over a 20-year horizon. Proposed activities include: . Residential units at a rate of roughly 10 per year for a total of 200 units. . New commercial development, limited to 2,400 square feet a year, around existing com- mercial areas, mainly along the U.S. 1 corridor. . New recreational facilities constructed on existing developed or disturbed/scarified lots. . Limited expansion of community uses, churches, public offices, wastewater facilities, and the existing fire station. . The widening of local, paved roads to accommodate bicycle paths, and storm water and sanitary sewer infrastructure and a third lane on U.S. 1. 4 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Table of Contents Chapter One: Introduction 8 Summary ofLCP and HCP Processes 15 Format of Master Plan Elements 19 Chapter Two: Land Use and Redevelopment Element Goal 1: Directing Growth 23 Goal 2: Managing Growth 29 Goal 3: Housing 36 Goal 4: Non-Residential Uses 42 Goal 5: Community Organizations 48 Goal 6: Recreational Uses 51 Goal 7: Public Facilities 54 Goal 8: Accessory Uses 58 Goal 9: Land Acquisition 60 Chapter Three: Environmental Protection Element Goal 10: Natural Resource Management 65 Goal 11: Freshwater Resource Management 70 Chapter Four: Community Character Element Goal 12: Community Character 73 Goal 13: Historic Resources 77 Chapter Five: Economic Development Element Goal 14: Economic Development 80 Chapter Six: Traffic and Transportation Element Goal 15: Transportation 84 Chapter Seven: Community Participation Element Goal 16: Community Participation 89 Capital Costs Summary 92 5 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 List of Figures Figure 1.1 Map of private, upland, vacant residential parcels. 12 Figure 1.2 Flow chart illustrating master plan process. 21 Figure 2.1 Tier designations on Big Pine and No Name Key. 28 Figure 2.2 FLUM and land use district changes. 35 Figure 2.3 Existing uses and commercial types in the U.S. 1 Corridor. 43 Figure 2.4 Big Pine Key Village Center 46 Figure 2.5 Location of existing institutional uses on Big Pine. 50 Figure 2.6 Location of existing recreational facilities and library. 53 Figure 2.7 Existing government facilities on Big Pine. 55 Figure 2.8 Private, undeveloped land within Tier I and Tier II. 63 Figure 4.1 Conceptual U.S. 1 corridor area map. 74 Figure 6.1 Existing platted residential and major roadways. 87 List of Tables Table 1.1 Updated demographics for Big Pine/No Name from the 2000 Census. 10 Table 2.1 H multiplier for land use development categories. 25 Table 2.2 Calculation of H impact for different development activities. 26 Table 2.3 H-value budget for future development on Big Pine and No Name. 34 Table 2.4 Housing outside single family subdivisions. 36 Table 2.5 Housing figures of Big Pine and No Name from the 2000 Census. 37 Table 2.6 Big Pine Key commercial data. 42 Table 2.7 Institutional uses on Big Pine Key. 48 Table 7.1 Estimated cost of capital improvements 92 Table 7.2 Estimated cost of 3 to 1 mitigation 93 6 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Acronyms BOCC Monroe County Board of County Commissioners CARL State of Florida Conservation and Recreational Lands Program ESA Endangered Species Act FDCA Florida Department of Community Affairs FDEP Florida Department of Environmental Protection FDOT Florida Department of Transportation FKAA Florida Keys Aqueduct Authority FKCCS Florida Keys Carrying Capacity Study FKERTF Florida Keys Environmental Restoration Trust Fund FLUM Future Land Use Map FWS United States Fish and Wildlife Service HCP Habitat Conservation Plan ITP Incidental Take Permit LCP Livable CommuniKeys Program NGO non-governmental organization NROGO Non-residential Rate of Growth Ordinance PUV private upland vacant parcel PYA population viability analysis ROGO Residential Rate of Growth Ordinance SFWMD South Florida Water Management District SMMP Monroe County Stormwater Management Master Plan SOR State of Florida Save Our Rivers Program SWMP Monroe County Sanitary Wastewater Master Plan TDR transferable development rights TNC The Nature Conservancy TRE transferable ROGO exemptions 7 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Introduction The Livable CommuniKeys Program (LCP) is a community-driven planning effort to address the very specific needs of unique island communities within the Florida Keys. The overall goal is to determine the appropriate amount, type and location of additional development within the LCP planning area. The LCP process includes community participation through a variety of methods. This process generates a community vision and alternative development scenarios. The scenarios are evaluated for feasibility within the current regulatory and physical framework and for how well they fit the community vision. A preferred alternative is identified and a mas- ter plan for future development is written around the preferred alternative. A Master Plan con- tains the specific development layout for the LCP planning area as well as action items that must be implemented to achieve the development and community vision. The Master Plan is a work- ing document that is continually scrutinized and updated by the community. Relationship to Comprehensive Plan The Monroe County Year 20 I 0 Comprehensive Plan was adopted in 1993 and became effective in its entirety in 1997. It contains the guiding goals, objectives and policies for implementation of growth management actions over the 20-year period covering 1990 through 2010. Some of the actions apply equally throughout Monroe County such as the need for adequate solid waste disposal facilities or the allocation of building permits limited by hurricane evacuation clearance times. Other actions, such as the need for preservation of historic resources or the planning of recreational facilities, while applying county-wide, vary in their importance by locale. There are also local needs that are not addressed in the Comprehensive Plan at all such as community goals towards beautification. The Master Plan does not replace the Comprehensive Plan but focuses on the very specific needs of the local community. It is also a proactive planning tool rather than a strict regulatory docu- ment in that it identifies actions needed to meet the community's needs and goals. The Master Plan is attached as an addendum to the Comprehensive Plan. Some existing Comprehensive Plan policies will not be affected at all by the Master Plan. Other existing policies may be modi- fied for consistency or entirely replaced by the Master Plan. The Livable CommuniKeys Pro- gram and Master Plan development are outlined in the comprehensive plan in Policy 101.20.1 that states: "Monroe County shall develop a series of Community Master Plans. Master Plans will be de- veloped in accordance with the following principles: 1. Each Community Master Plan will contain a framework for future development and redevel- opment including the designation of growth boundaries and future acquisition areas for pub- lic 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 require- Introduction 8 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 ments and overall goals of the 2010 Comprehensive Plan to ensure legal requirements are met. While consistency with the goals of the 2010 Comprehensive Plan is paramount, the 2010 Plan will be updated and amended where appropriate; 4. Each Community Master Plan will be closely coordinated with other community plans and other jurisdictions to ensure development or redevelopment activities will not adversely im- pact those areas; 5. Each Community Master Plan will include appropriate mechanisms allowing citizens contin- ued oversight and involvement in the implementation of their plans. Through the Commu- nity Master Plans, programs for ongoing public involvement, outreach, and education will be developed; 6. Each Community Master Plan will include a Capital Improvements program to provide cer- tainty that the provision of public facilities will be concurrent with future development; 7. Each Community Master Plan will contain an environmental protection element to maintain existing high levels of environmental protection as required in the 2010 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 commu- nity character through site and building guidelines. Design guidelines for public spaces, landscaping, streetscapes, buildings, parking lots, and other areas will be developed through collaborative efforts of citizens, the Planning Department, and design professionals reinforc- ing the character of the local community context; 9. Each Community Master will include an economic development element addressing current and potential diversified economic development strategies including tourism management. The preservation and retention of valued local businesses, existing economies, and the devel- opment of economic alternatives will be encouraged through the process; 10. Each Community Master Plan will contain a Transportation Element addressing transporta- tion needs and possibilities including circulation, safe and convenient access to goods and services, and transportation 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 Planning Department will compile existing reports, databases, maps, field data, and information from other sources supplemented by community input to document current conditions; and 12. Each Community Master Plan will simplify the planning process providing clarity and cer- tainty for citizens, developers, and local officials by providing a transparent framework for a continuing open dialogue with different participants involved in planning issues." Introduction 9 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Relationship to State Legislation The Comprehensive Plan was required to be adopted by Monroe County under Florida Statute 163 and must be compliant with the required format and minimum content listed in the Florida Administrative Code (F AC 9J-5). The Master Plan will be adopted as a modification of the ex- isting Comprehensive Plan and the Florida Department of Community Affairs will review the modification for compliance with the applicable statutes and codes. This review will likely be most focused in areas where Master Plan policies replace existing Comprehensive Plan policies and serve as the Evaluation and Appraisal Report (EAR) for elements which address this plan- ning area. Of course a comprehensive plan may include elements that are either optional or not listed at all in F AC 9J-5 and that is where the Master Plan is particularly valuable. Master Plan for Big Pine and No Name Keys This Master Plan covers Big Pine Key, No Name Key and the Newfound Harbor Keys, collec- tively referred to as the "planning area" throughout this document. For purposes of information presentation (such as demographics), the Newfound Harbor Keys are included with Big Pine Key. A companion document to this Master Plan, the "Big Pine Key & No Name Key Develop- ment Alternatives Report," (hereafter referred to as the Development Alternatives Report) sum- marizes the background information for these islands. Demographics Some of the demographic information in the Development Alternatives Report was extrapolated from the 1990 census. Table 1.1 below presents some updated data from the 2000 census. The data show that most of the population live north of U.S. 1. Nearly 25% of the permanent house- hold population are in rented units. During the winter season the population increases by nearly 38% to an estimated 6,944. The average persons per household on Big Pine is 2.21 and on No Name it is 2.48. Table 1.1 Updated demographics for Big Pine/No Name from the 2000 census. Big Pine No Name Combined ~otal Permanent Population 5,032 40 5,072 lNorth of U.S. 1 4,458 40 4,498 South of U.S. 1 574 0 574 n Families 1,419 13 1,432 n Owned Housing Unit 3,749 36 3,785 n Rented Housing Unit 1,222 4 1,226 Seasonal Population (i.e., additional) 1,912 23 1,935 Source: u.s. Census 2000 Introduction 10 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Existing Land Conditions As natural habitat is acquired by resource agencies for preservation, most of the vacant buildable upland parcels remaining under private ownership are located within improved subdivisions or in commercial acreage near U.S. 1. There are approximately 2,920 vacant building residential lots remaining and approximately thirty-one parcels of vacant private upland commercial land remains covering about 18 acres. The remainder of the planning area is developed (about 12% of the land area), under public ownership (about 72% of the land area) or is located in un- buildable wetlands (under both public and private ownership). Public land owners primarily in- clude the U.S. Fish and Wildlife Service Refuge System, the State of Florida and Monroe County . Figure 1.1 on the following page shows vacant, upland residential lots under private ownership. Development Context and Constraints Listed below for reference purposes are the primary existing constraints on Big Pine Key and No Name Key development. All of these constraints apply county-wide but their particular applica- tion to Big Pine Key and No Name Key is discussed here. . Concurrency Standards: Since March of 1995 the segment of U.S. Ion Big Pine Key had been operating below the adopted level of service in the Comprehensive Plan. This has been the primary development constraint because it triggered a development moratorium on all new traffic-generating development. In 2002 FDOT completed an intersection im- provement project and deer underpasses which improved the level of service to an ac- ceptable level, however further improvements such as adding a third lane to the segment are necessary to permanently raise the operating level of service. This has been a pri- mary motivating factor behind completion of the HCP; the issuance of the incidental take permit will allow necessary road improvements to go forward, thereby lifting this con- straint on development. . ROGO: As of the date of this report, the residential rate of growth ordinance (ROGO) allocates 49 total units (market rate plus affordable) annually to the Lower Keys. This is the latest number in a step down reduction that has occurred since the ROGO started. The reductions have mostly been related to required performance standards set forth in the Comprehensive Plan. It is considered unlikely at this time that the total allocation number will increase at least in the next 3-5 years. Therefore, permits for Big Pine and No Name Key will continue to be limited along with the rest of the Lower Keys under ROGO. The point system used to rank permits for allocations under ROGO is currently structured to give a competitive advantage to units proposed outside Big Pine and No Name Keys. This was done to bolster protection of natural resources on these two is- lands. With the issuance of the Incidental Take Permit and adoption of the LCP by the county, the ROGO will be restructured. . NROGO: "NROGO" is the acronym for ''Non-residential Rate of Growth Ordinance" under which the construction of new or expanded commercial uses is regulated. The amount of new and expanded commercial space allowed on Big Pine and No Name Keys Introduction 11 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 1;11 \.\vab'e Commun\Keys \>togtam ~~ Big Pine Key and No Name Key <I Private, Upland, Vacant Residential Parcels Q .... t , __ c.~~.. ~... / . v.1f' , .~ , ~ . iJ')'~ ~ -- " ~~ ,L - _."J' Legend f' l\lonroe County L=:J Other Parcels ""' ...) Planning and Em'irorunental ~ 'i-A Resources Department .. Vacant Residential __J~7 nu. nup II rOil' ).tMrot Coccty Growth MU"mltDI Dl'nuOG f'Wll'C'rl .. Wetland Boundary oedy Tht de. t<>ntcDcd herna I' IlllldJdlYC ooJ1 _dIn_,. aOC&uw&ltly ~u k1m4.lnu. ~,d,. roa4a. naht Q(w.,.. 'Of IckAUU'~(lfj, UUI.'ml.:lOC Figure 1.1 Map of Private, Upland Vacant residential parcels. Introduction 12 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 is tied to the level of residential development permitted as is the case for the entire county. As of the date of this report, the dwelling unit allocation ordinance allocates 49 total units annually to the Lower Keys. At 239 square feet of commercial space per resi- dential unit allocated under NROGO, this sets the approximate Lower Keys commercial rate at 11,711 square feet per year (NROGO does not allocate commercial space by Keys sub-area but does so Keys-wide on an annual basis). As previously noted, the residential allocation is subject to change (usually decreases), so the commercial allocation could also change. The point system used to rank permits for allocations under NROGO is currently structured to give a competitive advantage to development proposed outside Big Pine and No Name Keys. This was done to bolster protection of natural resources on these two islands. With the issuance of the Incidental Take Permit and adoption of the HCP by the county, the point system may be restructured. . Nutrient Credit System: The Comprehensive Plan requires no net increase in the level of nutrients in wastewater effluent. The number of building permits is tied to the number of cess pits or substandard wastewater treatment replaced by a compliant treatment system. The Monroe County Sanitary Wastewater Master Plan (SWMP) originally projected that this infrastructure would be in place by 2010 to meet Florida law and Comprehensive Plan requirements. Implementation of the SWMP is behind schedule but still well within the 20 year planning horizon of this Master Plan. Once the upgraded sewer service is installed, or all illegal cess pits are eliminated, nutrient level of service standards will be met for all existing and future development. . Tier System: Monroe County's new Smart Growth Initiatives (Comprehensive Plan Goal 105), "Tier Map," is designed to refocus land acquisition efforts, conserve natural resources and direct future development to infill areas in coordination with the Livable CommuniKeys Program. The Tier System will consist of a set of maps and regulations directing growth to infill of existing subdivisions and commercial areas. The Tier Sys- tem plays a major role in the implementation of this Master Plan and the HCP. Additional future constraints on numbers and locations of permits are: . Habitat Conservation Plan (HCP): The HCP applies to the Big Pine Key/No Name Key area only, not county-wide. The Incidental Take Permit, when issued, will limit develop- ment on Big Pine and No Name Keys to the level that will result in a maximum projected "take" of Key deer over the twenty-year planning horizon. The development levels con- tained in this Master Plan have been designed to meet the requirements of the anticipated Incidental Take Permit while meeting community needs. . Florida Keys Carrying Capacity Study CFKCCS): The FKCCS analyzed the extent to which current and future projected development exceeds maximum impact thresholds of natural resources and infrastructure. The results of the FKCCS will be used to modify the ROGO and NROGO at some time in the near future and this may affect the number and location of residential permits that can be issued county-wide. Introduction 13 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Acquisition Framework For many years, the concurrent need for natural resource protection and relief to regulated land owners has been present throughout the Keys and particularly heightened for Big Pine and No Name Keys. The United States Fish and Wildlife Service (FWS) has been purchasing property under the refuge system since the National Key Deer Refuge was established in 1959. They can conduct acquisition activities essentially anywhere within the refuge administrative boundaries, which encompass the entire planning area. Their focus in the past has been on natural lands, usually on acreage parcels, that have higher wildlife habitat value. In the early 1990s they pro- duced a priority acquisition plan that focused on remaining habitat and preservation of wildlife movement corridors. These two islands were included in three ongoing state acquisition efforts in the 1990s: the Con- servation and Recreational Lands (CARL) Program, the Florida Forever Program (formerly Preservation 2000) and the Save Our Rivers (SOR) Program. The latter program concentrated on protection of the existing freshwater sloughs and wetlands on Big Pine Key and has been completed. There are lands remaining to be purchased within the CARL boundaries. Also, the CARL boundaries are periodically reviewed at which time new lands may be added. Monroe County has actively prioritized Big Pine and No Name Keys for purchases by the Monroe County Land Authority. Many purchases by private citizens have also been made to garner ad- ditional "points" towards an allocation under the county's dwelling unit allocation ordinance (ROGO) and these properties have been deeded over to the county. The HCP and LCP proc- esses will somewhat change and concentrate the focus of future acquisition efforts. Future ac- quisition and management of vacant lands will be a major component of this Master Plan. Introduction 14 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Summary of LCP and HCP Processes Livable CommuniKeys The Livable CommuniKeys Program (LCP) is a community-driven planning effort aimed at de- termining the amount, type and location of additional development appropriate for the planning area. The Big Pine Key/No Name Key community is the first one in the county to embark upon the LCP planning process. The process was initiated in April 2000. The Development Alterna- tives Report was generated in March 2001. These interim products of the LCP process were then coordinated with the development of the HCP over the next year and a half. This Master Plan is the result of that coordination. Community Input Summary Three major public workshops and meetings facilitated the LCP effort and were followed up by newsletters mailed to all residents, property owners and interested parties. Stakeholder discus- sions and citizen surveys were also conducted. The newsletters summarized needs and desires expressed by the community in the workshops. A fourth newsletter was issued in January of 2003 and summarized the development proposals set forth in this plan. From this outreach effort key community issues were identified and a community vision was formulated. The community vision and stated planning objectives were used to evaluate possible development alternatives. This evaluation is contained in the Big Pine Key & No Name Key Development Alternatives Report. Key Community Issues In the LCP workshops the following key community issues were identified: 1. Ascertain the distribution of future residential development within the project area. 2. Maintain the rural character of the project area while still allowing some future development. 3. Implement solutions to the congestion on u.S. 1 and minimize the need for local trips on U.S. 1. 4. Develop a community gathering place and/or more active recreation facilities. 5. Discourage new development on No Name Key. Planning Objectives 1. Minimize the need for local vehicular trips on and across U.S. 1 from north to south. 2. Improve the level of service on U.S. 1 to a standard that, in accordance with local regula- tions, would allow some development and to maintain that level of service over the planning horizon. 3. Discourage new development on No Name Key. 4. Encourage additional commercial development to be oriented to the local community rather than to the regional or tourist community. 5. Continue to allow some new development but generally keep the level low to achieve the maintenance of a "rural community" envisioned by the community. 6. Provide for a community gathering center and some active recreation. 7. Provide for a conservation plan with reasonable level of implementation costs and logistics. 8. Provide for a conservation plan that complies with current regulatory constraints. Summary of rcp and HCP Processes 15 Livable CommuniKeys Master Plan/or Big Pine Key and No Name Key August 2004 9. Provide greater certainty to the property owners and Key deer herd managers as to the loca- tion of future development. 10. Minimize the alteration of undisturbed natural habitat. Community Vision "We envision Big Pine and No Name Key as: . A rural community with a small town atmosphere and way-of-life where people feel a connection with their friends and neighbors. . A community rich in natural and scenic resources including endangered habitat found nowhere else in the world. . A unique community in the Florida Keys where people can live in harmony with the natural world. . Where residents and visitors can take advantage of the local goods and services without fighting traffic. . Where kids of all ages have plenty of recreational opportunities. . Where the dreams of home ownership and planting roots in the community can be real- ized. . Where government regulations make sense and work for the betterment of all. . Above all, we envision a community that responds to the needs of all its inhabitants." Alternatives Analysis Several alternative planning strategies for Big Pine Key and No Name Key were formulated. These strategies were aimed at satisfying basic community needs within the existing regulatory framework. The alternatives were then subjected to a planning analysis to see which ones were consistent with the community vision, addressed the ten planning objectives, could meet com- munity needs and desires, and were within reasonable cost and feasibility. Alternatives for resi- dential, commercial, recreational and transportation development were all evaluated. The analy- sis is contained in the Big Pine Key & No Name Key Development Alternatives Report, which is a companion document to this Master Plan. Alternatives considered to be the most feasible for fulfillment of community needs and desires included a clustered residential plan and a com- mercial redevelopment plan. Options for meeting community recreational and transportation needs were also presented. These alternatives were then analyzed for consistency with environ- mental goals, particularly protection of endangered species. This was done through develop- ment of a Habitat Conservation Plan (HCP) for these islands. Habitat Conservation Plan The development of a Habitat Conservation Plan (HCP) for Big Pine and No Name Keys was considered a reasonable way to resolve ongoing conflicts over the impacts of development on natural resources. The Big Pine Key & No Name Key Development Alternatives Report re- counts the history of these conflicts and previous failed planning efforts for the islands. Section 10 of the Endangered Species Act (ESA) allows a developer, the "applicant," to apply for a per- mit for "incidental take" of federally-designated endangered species. The process basically in- volves determining the level of reduction or "take" of the species caused by the proposed devel- opment. The applicant proposes the development along with a plan for mitigating the "take" caused by the development. The mitigation plan is written in the form of a Habitat Conservation Plan. Summary of LCP and HCP Processes 16 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 The HCP process for Big Pine Key and No Name Key was initiated in February 2000. The ap- plicants are Monroe County, the Florida Department of Community Affairs (FDCA) and the Florida Department of Transportation (FDOT). The FDOT is a builder of proposed develop- ment within the state road right-of-way (U.S. 1) whereas the remaining two entities have author- ity over permitting of proposed development in the remainder of the planning area. The Habitat Conservation Plan document was produced with the assistance of an HCP committee made up of concerned agencies and citizen representatives. The document was completed in March 2003 and an application for the Incidental Take Permit was made to the FWS in May 2003. The proc- ess to develop the HCP consisted of three major components: 1) study of the endangered species populations and conditions necessary for their continued viability, 2) crafting of a proposed de- velopment action within this context and determination of the level of "take" caused by the ac- tion, and 3) development of a plan for mitigating the determined level of ''take.'' Key Deer PV A Analysis The HCP was designed to cover all federally-protected species known to occur on the two is- lands. Of the nine species covered, two were prioritized for analysis based on their sensitivity to development: the Florida Key deer (Odocoileus virginian us c/avium) and the Lower Keys marsh rabbit (Sylvilagus palustris hefnerz). If the habitat needs of these two species could be met, the needs of the remaining seven would be met automatically. Of the two species, the Lower Keys marsh rabbit is the more endangered, largely due to fragmentation of habitat already having oc- curred throughout much of its range in the Lower Keys. Protection of existing preferred habitat, mostly wetlands, is less an issue than secondary impacts (e.g., predation by domestic cats) and limitations on dispersal caused by existing development barriers. Additional "take" of this spe- cies had to be prevented due to its precarious situation. This was done by proposing a prohibi- tion on development within the core habitat (mostly wetlands) and within buffer zones that sur- round the core habitat. The Florida Key deer is a wide-ranging species with a core population located on Big Pine Key and No Name Key. For this species a population viability assessment (PV A) was completed and a model was developed to theoretically predict the response of the population to scenarios in- volving habitat loss, secondary mortality impacts (e.g. road kills) and major catastrophic events (i.e. hurricanes). One product of this model analysis was an actual map of the islands showing areas necessary for continued viability of the deer population and areas most suited for human development (i.e. least affecting deer viability). This map was used to re-analyze the LCP alter- natives and generate a proposed development action. A detailed explanation of the PV A and modeling process is contained in the HCP document. Summary of Proposed Action The proposed development action in the HCP is expressed in terms of the total level of impact that will result in an acceptable level of "take" of the Key deer and no "take" of the Lower Keys Marsh Rabbit. The level of "take" of the Key deer is determined by the removal of habitat value measured in discrete units. The habitat value units are assigned to individual parcels within the planning area and consist of two main components: direct impact (habitat loss) and indirect im- pact (roadway mortality). Location and traffic generation are the two primary development components causing these impacts. The HCP will equate the total loss of habitat value units to a specific level of acceptable impact. Monroe County will need to track the impact of issued per- mits to ensure that the total acceptable level of habitat value units is not exceeded. The HCP Summary of LCP and HCP Processes 17 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 will not specify exactly where permits will be issued or for what type of development, but it will provide clear direction to the county on which locations and types will have greater impact. Fur- thermore, the preferred development alternative, generated by the LCP process and refined through the HCP process, has been analyzed using the PV A model. This process has allowed the county to plan for distribution of potential permits over the maximum available range of types and locations to meet community needs. Summary of Habitat Conservation Plan The Habitat Conservation Plan proposes to mitigate the ''take'' of Key deer mainly by putting habitat under public protection. Habitat protection is considered the highest priority action for protection of Key deer and other listed animal and plant species. Thus the habitat value units expended by allowing development can be mitigated to some extent by acquiring a certain level of habitat value elsewhere. In addition avoidance and minimization measures were applied at every step in the preparation of the HCP and the LCP to reduce potential impacts from the pro- posed future development plan. Mitigation will also involve management of the acquired habitat, and other activities. The HCP also proposes actions to minimize development impacts. Exam- ples include implementation of traffic calming designs and restrictions on fencing. The Master Plan provides the details on how these minimization and mitigation actions will be implemented. Effect of Issuance of Incidental Take Permit The application for an Incidental Take Permit under Section 10 of the ESA was submitted in May 2003. Issuance of a permit is expected within two years. It is very important to note that because the HCP process included all concerned agencies and stakeholders, including the FWS in a technical support role, the HCP document as currently proposed is expected to be acceptable to the federal government with a minimal amount of changes. Of course the document must go through the public process and the final content may change. Based on the substantial coordina- tion that has taken place thus far and in consideration of the substantial permit processing time involved, Monroe County is moving forward now with this Master Plan. There are components of the Master Plan that could be changed later, however, to match the final HCP document that accompanies the issued Incidental Take Permit. Both documents have a planning horizon of twenty years that starts upon issuance of the Incidental Take Permit. Summary of LCP and HCP Processes 18 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Format of Master Plan Elements There are six elements in this Master Plan. Each one focuses on an issue of heightened impor- tance to Big Pine Key and No Name Key. The format for these elements is different from the comprehensive plan because this Master Plan is a culmination of the LCP process, not a starting point. Therefore, the community and planning staff have already reviewed and analyzed much of the available data about the island and they have been through a planning process whereby "problems" (questions, issues, uncertainties) have been identified and needs have been verbal- ized. Many of the opportunities and constraints for meeting these needs have also been analyzed through the development alternatives analysis. This information is contained in the Big Pine Key & No Name Key Development Alternatives Report. The Master Plan seeks to further condense and refine the products of the development alterna- tives analysis process. The Master Plan provides the tools for problem solving by fulfilling three basic tasks: . Statement of the goals of the LCP/HCP process as it applies to the planning area, . Refined analysis of specific community and planning needs to fulfill the goals, . Identification of strategies to meet the needs. Goals: Each element states a specific planning goal designed around the major topics to be ad- dressed through the LCP process such as growth and redevelopment, economic viability, envi- ronmental protection, and community character. This particular Master Plan also includes goal language designed to address the requirements of the HCP process. Current Conditions Summary: A certain amount of information specific to the planning area is available and can be presented or cited in the Master Plan now. Some of this information was provided during the LCP process in newsletters and workshops. Demographics, inventories of community facilities, and land ownership patterns are examples of information presented in this section. Analysis of Community Needs: The problem, issue or shortfall in the community or environ- ment is stated here. These have been identified either by the community or by the planning staff. The community includes the affected public, stakeholders, and elected officials and they have identified needs to the planning staff in a variety of ways: workshop participation, mail sur- veys, meetings, phone calls, and letters. The planning staff identified additional needs either through planning analysis of existing information, professional judgment based on observations of data or conditions, or coordination with facility or service providers. Final Strategies and Action Items: As part of the Master Planning process the planning staff has identified and evaluated possible strategies for meeting each need. The possible strategies were also evaluated relative to one another to identify conflicts and to identify opportunities for one strategy to fulfill multiple needs. In this way a final set of strategies was completed. Action items were then developed towards implementation of each strategy. The plan is therefore written in the form of goals, strategies and action items rather than goals, objectives and policies as in the Comprehensive Plan. Where strategies and action items replace current comprehensive plan policies, this is noted and action items for deleting or modifying Format of Master Plan Elements 19 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 those policies are included in the applicable element. It is very important to note that this plan will be an addendum to the Monroe County Year 2010 Comprehensive Plan. The Comprehen- sive Plan remains in effect in the Big Pine Key/No Name Key planning area. The plan format is illustrated in the flow chart in Figure 2.1. The flow chart starts with an indi- vidual need identified in the plan. A comprehensive strategy for meeting the need is formulated based on the information in hand. If the information in hand is sufficient to implement the strat- egy the action items for implementation can be written directly into the Master Plan. If not, an action item can be written to procure new information or further analyze existing information. Note that new information not only feeds back into implementation but may reveal new strate- gies, may redefine the need or may even reveal new needs. To be a meaningful and current im- plementation tool over the entire twenty-year planning horizon the Master Plan must include this iterative process of problem solving that monitors success and identifies changing conditions and new issues. It must also allow for timely response and tracking of progress towards problem solving. Using this format the Master Plan moves the LCP/HCP process into its final phase by taking the following steps: 1. Adopt as the plan framework, the preferred land use scenario developed during the LCP/ HCP process providing the basis for the anticipated incidental take permit. 2. Develop and refine the implementation details of the preferred land use scenario. 3. Include mechanisms for ensuring that the Master Plan complies with the anticipated inci- dental take permit through the twenty-year planning horizon. 4. Include mechanisms and revisions for ensuring that the Master Plan complies with the Monroe County Year 2010 Comprehensive Plan. 5. Address new issues relevant to the planning area that were not addressed in either of the aforementioned processes (Comprehensive Plan and HCP) and that have no impact or a positive impact on the ability to comply with those two processes. Format of Master Plan Elements 20 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Identified Community Need New Information Identified Strategy May Change Need or Strategy ENOUGH INFORMA nON IN HAND FOR IMPLEMENTA nON? n n YES NO Write Action Items to Obtain Information New Need Identified Write Action Items for Implementation Monitor and Update Figure 1.2 Flow chart illustrating Master Plan process. Format of Master Plan Elements 21 Livable CommuniKeys Master Plan/or Big Pine Key and No Name Key August 2004 .... , ~ 'HI. -- , Cl ~ ~~ . ~ - LAND USE AND RED~VELOPM~ ELEMEl ~. ~j' . - ~"I~~.:. . , ... 0 :w .;'l ,~. ... , -tf., .:--_~. !F (' - ". '.- . '" ": -, Jj 90 . . . .' ; ~# . \, ~. .., A'! . . . Q.~ . J ~ ~. .J> ;P . . .. . .- vP' . C), Land Use and Redevelopment Element 22 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 GOAL! Direct future growth to lands that are intrinsically most suitable for development and encourage con- servation and protection of environmentally sensi- tive lands by using the relative wildlife habitat value of land as a basis for development decisions on Big Pine Key and No Name Key. Current Conditions Summary The Habitat Conservation Plan as implemented under the anticipated Incidental Take Permit (ITP) will create a direct link between wildlife habitat conservation and land development for the next twenty years. The direct link mechanism is the Harvest (measured in H-units) of indi- vidual parcels within the planning area. The HCP document explains how the H-unit was devel- oped based upon the Population Viability Analysis (PV A) of the Key deer. The PV A revealed that both "harvest" (mortality) and the deer carrying capacity of the habitat (known as "K") af- fect the population viability of the deer. The model further revealed that when a parcel is devel- oped, the corresponding increase in harvest potential (additional traffic mortality) is a much bet- ter indicator than the corresponding removal of habitat as to the projected viability of the deer population over the 1 DO-year PV A horizon. In fact, harvest turned out to be a very good indica- tor of development impacts when multiple development scenarios were processed through the PV A model. Therefore, the weighted Harvest Grid Map generated from the PV A will be used to predict the projected levels of take of endangered species for various development scenarios. Monroe County applied this map towards the planning of future development for the next twenty years through the LCP process. A mechanism for translating the Harvest Grid Map into a land use regulatory tool exists under the county's Smart Growth Initiative, otherwise known as the Tier System. Policy 105.2.1 de- fines the Tier System categories in detail. The three Tier categories are based on environmental protection and future land use planning priorities. Tier I lands are termed "Natural Area," Tier II lands are called "Transition and Sprawl Reduction Area" and Tier III lands are the "Infill Area." For Big Pine Key and No Name Key the habitat sensitivity information presented in the HCP can be used directly to define the environmental protection priorities incorporated into their Tier Map coverages. Planning priorities set during the LCPIHCP process can be used to refine the map where needed. The same spatial model of the PV A that generates the Harvest Grid Map allows calculation of H-unit by individual parcel using a summing method applied to the grids contained within the parcel. Therefore, Monroe County will use this calculation to project the level of impact of each individual development proposal on endangered species and, ultimately, on ITPIHCP- compliance. The anticipated Incidental Take Permit will authorize a total take of approximately Land Use and Redevelopment Element 23 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 78 female Key deer (PV A-model based number) and no take of the Lower Keys Marsh Rabbit in the twenty-year period covered by the permit. This is expressed in terms of development within the HCP as a total allowable H of 1.1 units. Furthermore, the anticipated ITP will require miti- gation through the acquisition and protection of at least 3.3 total H units (mitigation ratio of 3 to 1). The projected amount of development that could be accommodated by 1.1 units of H was estimated as the equivalent of approximately 600 residential units. This was done by running the PV A model through several scenarios in which the least valuable habitat was always devel- oped first. The scenarios used equivalent units that were characterized as single family residen- tial units within subdivisions. A method was needed for the direct translation of equivalent units into all types of land uses anticipated by the LCP process such as commercial, public facilities, and roadways. The HCP does this by supplying a multiplier for those uses generating additional traffic (translating to harvest impact) beyond that generated by a single family residential unit. Analysis of Community Needs Tier Map The Tier Map for Big Pine Key and No Name Key has been developed based on relative wildlife habitat quality as defined in the HCP. Monroe County is in the process of developing the Tier Maps pursuant to county-wide Smart Growth Initiatives adopted in Goal 105 of the Comprehen- sive Plan. For the Big Pine Key and No Name Key planning area the Tier Maps are based upon habitat sensitivity identified in the HCP, primarily as represented on the weighted Harvest Grid Map. H unit Tracking System Pursuant to the anticipated ITP and the HCP, the H-Value of all parcels developed and parcels acquired for the purpose of mitigating endangered species take will need to be continuously compiled and monitored. A system for tracking the H for each parcel developed, and how much H is in the mitigation bank must be created and monitored. An annual report will be presented detailing this information. Recommended Strategies and Actions Strategy 1.1 Create a Tier Map for the planning area depicting the locations of Tier I, Tier II and Tier III lands as described in Comprehensive Plan Policy 105.2.1. Base the Tier Map on the habitat needs of federally endangered resident species in the planning area as set forth in the anticipated ITP and HCP in terms of relative H of parcels within the planning area. Strategy 1.2 Assign relative H units to all parcels within the planning area as per the method described in the HCP in order to ensure compliance with the permitted level of take of federally endangered spe- cies contained in the anticipated ITP. Action Item 1.2.1: Use the parcel-specific H unit spreadsheet included with the HCP to as- sign H to individual parcels within the planning area. Land Use and Redevelopment Element 24 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Action Item 1.2.2: For development proposal applications involving multiple parcels, sum the H units for the individual parcels to generate the total H impact of the development. Action Item 1.2.3: Devise a trip generation equivalency system to account for the difference in harvest impact between non-residential and residential uses in accordance with HCP re- quirements. Use the revised version ofHCP Table shown below in Table 2.1. This revision provides more detail regarding the uses that are anticipated in this Master Plan. Table 2.1 H multiplier for land use development (both new and expansion) categories. Land Use Average Daily Trip H Multiplier 1 Generation 2 Residential (any type) 9.5 1 Accessory Uses 3 (on vacant parcels) -- 0.2 (includes neighborhood pocket parks) R.etail and Service 70.0 7.4 (per 1,000 sq. ft.) Dffice - government or private 5.9 0.6 (per 1,000 sq. ft.) nstitutional (includes community and religious organizations) 13.0 1.4 (per 1,000 sq. ft.) ndustrial (includes public utilities) 5.0 0.5 (per 1,000 sq. ft.) lRecreational (major parks) and Library 67 7.0 1H0tel/Motel 7.9 0.8 per room !source: Habitat Conservation Plan for Florida Key Deer 1 The multiplier is based on traffic generation because vehicle collisions with Key deer is the most important hu- man-related cause of mortality for the Key deer. 2 Average daily trips generation was estimated from the Institute of Traffic Engineers Manual; daily trip generation by land use has not been verified for the Florida Keys. 3 Fences and auxiliary uses, as defined in the Monroe County Land Development Regulations, are assumed to cause no additional traffic impacts; they were assumed to cause habitat loss (change in K), which has a lesser effect on the matrix model than changes in H. Action Item 1.2.4: Use the formulas in Table 2.2 of this Plan, (Table 2.6 of the HCP) to de- termine the H impact of development permitted after March 15, 1995. Strategy 1.3 Prepare a public acquisition strategy to acquire parcels with the highest H first because of their relative habitat value, to maximize mitigation potential and ensure compliance with the antici- pated ITP/HCP. Action Item 1.3.1: Prioritize the purchase of Tier I lands over Tier II and Tier III lands in or- der to achieve the highest possible level of H protection and to ensure compliance with the anticipated ITP mitigation requirements. Within Tier I, Florida Key deer movement corri- dors, as depicted in the HCP document shall be further prioritized for acquisition. 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"Cl :E 0 Q) Q) Q.. .. ! ::c > 0 '" ~ u Q) "Cl ~ "Cl '" = ~ ~ ~ r~ Land Use and Redevelopment Element 26 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 1. Outright purchases by Monroe County for conservation purpose using county funds, state funds, grants or other outside funding sources, whether or not the property is later donated to the federal government for conservation purpose or transferred/sold to the State of Florida for conservation purpose. 2. Properties purchased for the purpose of conservation by the State of Florida which do not specifically prohibit use of the funds for mitigation purposes. 3. Lots dedicated to Monroe County to achieve points for the ROGO eligibility. Strategy 1.4 Compile the H units of parcels permitted for development as permits are issued in order to allow continuous determination of the individual and cumulative H units of developed parcels. At the same time, continuously compile the H units of conservation parcels acquired for the purpose of mitigating H units developed. Strategy 1.5 Evaluate and demonstrate compliance with the total allowable H under the ITPIHCP through annual reporting of H units developed and H units acquired. Action Item 1.5.1: Based on the annual report, evaluate whether there continues to be a steady and available rate of H units for meeting community needs throughout the twenty- year planning horizon. Action Item 1.5.2: Based on the annual report, evaluate whether the acquisition strategy en- sures a steady and available rate of H units for mitigation (through identification of future acquisition areas) throughout the twenty-year planning horizon. Action Item 1.5.3: Based on the annual report, evaluate whether the program ensures that H units protected through acquisition substantially mitigates H units lost through development. Land Use and Redevelopment Element 27 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 1;f1 \..\vab'e Comm"n\Keys \>togtam Big Pine Key and No Name Key Tier Map , ~ t >> ~~.~ , + Legend @ ....""< Connt, .. Tier 1 ~, ) Plmmil1g alld El1viro~llel1tal CJ Tier 2 ' ,/ Resources Departmel1t Th1s mil) IS for Mcaroe County Growth Mmaaemem DIViSion purpose. .. Tier 3 llIlly The: d.ata contaUl.ed heran IS IUUstnbve orlly md. may aot accurately deplctboundanes. parcels. road.. riaht of ways. or idm1i.ticltlODImormall.= Figure 2.1 Tier designations on Big Pine Key and No Name Key. Land Use and Redevelopment Element 28 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 GOAL 2 Manage future growth for the next twenty years on Big Pine Key and No Name Key consistent with the community vision, while minimizing impacts on the endangered species and maintaining the existing biodiversity . Current Conditions Summary The primary mechanisms for implementation of the Tier System are the permit allocation system and land acquisition. These two programs are already in place and need merely to be revised to implement the RCP and this Master Plan. Tiers I and II minimize development impact on natu- ral resources and sparsely settled areas. Tier III encourages development in disturbed areas al- ready heavily settled. It is envisioned that future development patterns will be accomplished through the application of minimum eligibility requirements for competing in the permit alloca- tion system. Tier III applicants will be immediately eligible to compete whereas Tier I and Tier II applicants will be required to amass points via land preservation prior to being eligible for en- try into the system. In this way, the competition aspect of the allocation system is preserved while the subjective evaluation of point awards (a growing problem since the system was first implemented) is eliminated. The land acquisition program, the second implementation mecha- nism of the Tier System, will be reviewed and revised to prioritize parcel acquisition according to Tier category. As described in Goal 1, the distribution of future development within the planning area will be based directly on the H units of the land to achieve minimization and avoidance of impacts. The Tier category coverages were developed following this same format of habitat sensitivity infor- mation presented in the HCP, primarily as depicted on the Harvest Grid Map. Much of this in- formation was available and was brought into the LCP process during development of the pre- ferred land use alternative. Land use alternatives developed in the LCP were organized by land use category according to the primary focus area identified by the community: residential, commercial, recrea- tional/community facilities, and transportation. The alternatives analysis is presented in the Big Pine Key & No Name Key Development Alternatives Report. The alternatives considered most feasible (preferred) for the first three land use categories are identified in that report as: . Residential Clustered, . Commercial Redevelopment, and, . New Community Facilities and Scattered Community Facilities (two alternatives were combined). The transportation alternatives were further analyzed and preferred alternatives were later identi- fied to be: Land Use and Redevelopment Element 29 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 . Three-Ianing of U.S. 1 on Big Pine Key, and, . Cross-island road for local traffic. The basic desired rate of development was also set during the LCP process for the twenty-year planning horizon: . 200 residential units, and, . 47,800 square feet of additional commercial floor area (to correspond with residential). The conceptual maps of the above alternatives (and all other alternatives considered) are con- tained in Appendix 5 of the Big Pine Key & No Name Key Development Alternatives Report. The preferred alternatives were combined and refined into a single preferred land use alternative to which were added plans for expansion of institutional uses and planned public facilities. Dur- ing development of the HCP this preferred alternative was further refined to form a specific land use plan for Big Pine and No Name Keys. This is the plan for which the proposed levels of take of federally-protected endangered species was determined through PV A modeling. Therefore, implementation of this specific plan will comply with the anticipated Incidental Take Permit. The plan components are as follows: . Residential- Up to 200 new units over the next twenty years. . Commercial- Up to 47,800 square feet of commercial floor area over the next twenty years in the U.S. 1 Corridor Area (south of Lytton's Way) to be used for infill and expansion of existing businesses. Development is limited to Tier III disturbed and scarified uplands. Total trip generation over the twenty-year horizon is limited to the equivalent of 200 residential units. . Major Recreational/Community Facilities - One major recreational and community center facility to be located at the county-owned "Mariner's Resort" site in southeastern Big Pine Key; Three additional public parks to be located on disturbed uplands; Expansion of the ex- isting public library by up to 5,000 square feet. . Minor (Neighborhood) Recreational - Up to seven neighborhood "pocket parks" on dis- turbed or scarified sites in any of the following subdivisions: Pine Channel Estates Palm Villa Port Pine Heights Cahill Pines and Palms Sands Doctor's Arm Eden Pines Colony . Community Organizations - Allow for expansion of existing community organizations such as religious institutions and civic clubs on scarified land already owned by them on the date of the issuance of the Incidental Take Permit. . Public Facilities - To include the following public facilities needs anticipated over the next twenty years, all of which are to be restricted to disturbed and/or scarified areas: 1. Sewage treatment needs outlined in the Monroe County Sanitary Wastewater Master Plan (SWMP), including facilities for collection and treatment, 2. Stormwater treatment needs outlined in the Monroe County Stormwater Management Master Plan (SMMP) including facilities for collection and treatment, 3. Public office space to be located in the U.S. 1 Corridor Area, and Land Use and Redevelopment Element 30 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 4. Expansion of county emergency response facilities at the current location. . Accessory Lots and Fences - Approximately 250-300 vacant lots allowed to either be fenced or developed with accessory uses primarily on Tier II and Tier III lands. . Roads - To include three-laning of U.S. Highway 1 only. The cross-island road was in- cluded in the PV A modeling effort as part of the total development impact. However, the road was subsequently withdrawn from consideration by the Board of County Commission- ers (BOCC) based on planning issues identified through further study and public input. One- way access from the western area of Big Pine Key to the central business area (surrounding Key Deer Blvd.) may still be considered as well as improvements to other roadways as per- mitted in the HCP. Analysis of Community Needs Reconciliation of the Tier Map. Future Land Use Map (PLUM) and Land Use District Map Land use within the planning area is already regulated pursuant to the Future Land Use Map (PLUM) of the Comprehensive Plan and the Land Use District Maps (a.k.a., zoning maps). The Master Plan horizon (most likely 2025) will now extend beyond the comprehensive plan horizon (2010) because it must correspond with the federal Incidental Take Permit (ITP). Therefore, any FLUM or Land Use District revisions required to implement the LCP or HCP should be in- cluded in this Master Plan. Revisions must still be consistent with the intent of the Comprehen- sive Plan. In addition to map revisions, the regulatory status and relationships of the FLUM, Land Use District Map and Tier System Map must be codified. H-unit Budget A total of 1.1 units of H may be developed over the twenty-year planning horizon, as long as the mitigation ratio of 3:1 mandated by the HCP is maintained. The community and planning staff have formulated a general development scenario that meets community needs and complies with the HCP. In order to ensure that the desired scenario can be followed, the plan must partition H to the various planned uses, at least in the early stages. This will ensure that reserve H units are available for each planned use when it is ready to develop, promoting an orderly development process over the twenty-year horizon. The H unit budget for each land use type will ensure the fair and reasonable partitioning of development potential towards that land use type in compli- ance with the spatial and temporal commitments made in the HCP and pursuant to the LCP. The H unit budget will be used as a guide and is more important near the beginning of the process. The county may consider changing the H unit budget according to changing conditions within the planning area. Changes would merely redistribute H units among uses but could not result in a change that would exceed the total number of H units allowable under the anticipated ITP and HCP. Comprehensive Plan Consistency Once the HCP and Master Plan for Big Pine Key are formulated and completed, inconsistencies with existing Comprehensive Plan policies must be addressed. For every policy in the Compre- hensive Plan that specifically addresses Big Pine and No Name Keys the Master Plan will in some way address that policy issue. The Comprehensive Plan policies will be individually evaluated to determine whether or not they are affected by the Master Plan, and if they will be replaced or modified. Land Use and Redevelopment Element 31 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Recommended Strategies and Actions Strategy 2.1 Continue to utilize the Land Use District Maps and supporting FLUM to regulate land use type, density and intensity on an individual parcel basis within the planning area. The distribution of future development shall be guided by a Tier System Overlay Map pursuant to the Comprehen- sive Plan Smart Growth Initiatives (Goal 105). Action Item 2.1.1: Continue to recognize the FLUM categories and land use districts as the regulatory tool used for evaluating individual development proposals for compliance with land development standards such as type of use, intensity of use, and open space. This will promote orderly and safe development that is consistent with the Comprehensive Plan and will protect the integrity and conformance status of existing development. Action Item 2.1.2: Adopt the Tier System Map separate from but as an overlay of the Land Use District Maps. The Tier System Overlay Map shall be used primarily to guide the distri- bution of development through the application of the residential rate of growth ordinance (ROGO) and the non-residential rate of growth ordinance (NROGO) pursuant to the strate- gies set forth in this Master Plan. Action Item 2.1.3: Adopt the following parcel-specific revisions to the FLUM and Land Use District Map. These revisions are either required actions pursuant to the Comprehensive Plan or needed to facilitate the implementation of this Master Plan (see Figure 2.2): 1. Revise the Land Use District Map to remove the Area of Critical County Concern (ACCC) land use district designation from all parcels within the planning area and re- place the designation with the applicable underlying FLUM category and land use dis- trict for each parcel in the planning area. Delete Policy 103.1.2 requiring this change from the Comprehensive Plan. 2. Change the designation of acreage identified as real estate parcel numbers: 00110460.000000; 00110540.000000; 00110640.000000; 00110720.000000; 00110720.000100; 00110730.000000; 00110740.000000; 00110750.000000; 00111020.000000; 00111020.000010; 00111020.000020; 00111020.000030; and 00111020.000040 on Big Pine Key from Mixed Use/Commercial (MC) to Resi- dential Low (RL) on the FLUM and from Destination Resort (DR) to Suburban Residen- tial (SR) on the land use district map. This proposed change will reduce the intensity of the existing land use district and bring it into conformity with the current use and sur- rounding community. Additionally it will protect existing sensitive habitat. 3. Change the designation of Lots 21 and 22, Tropic Island Ranchettes from Residential Conservation (RC) to Mixed Use/Commercial (MC) on the FLUM and from Native Area (NA) to Suburban Commercial (SC) on the land use district map. This change was a re- quest by the property owner in order to recognize a commercial use existing before 1986 and to allow for minor expansion of the use. Land Use and Redevelopment Element 32 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 4. Change the designation of acreage identified as real estate parcel numbers 00111470.000000 and 00111470.000100 from Suburban Residential (SR) to Suburban Commercial (SC) on the land use district map. Leave the existing FLUM designation of Institutional (INS) unchanged. This change was a request by the property owner in order to allow for expansion of existing community and institutional facilities. Action Item 2.1.4: Create a new land use district category, Light Industrial (Ll), for the pur- pose of providing a more appropriate definition and accommodation of existing light indus- trial uses on Big Pine Key. The Ll category may be considered for parcels within the Mixed Use/Commercial (MC) FLUM category that do not border on U.S. Highway 1 and are cur- rently occupied by light industrial uses such as, but not limited to construction material and lumber yards, outdoor and/or enclosed storage, warehouses and distribution centers, auto and . . manne services. Action Item 2.1.5: Once Master Plan FLUM changes are adopted pursuant to Goal 2, Strat- egy 2.1, Action Item 2.1.3, consider any future changes to the FLUM to be inconsistent with the intent of the adopted Master Plan and the intent of the HCP, except that changes to the Conservation designation may be considered consistent with both plans. Strategy 2.2 Limit the total impact over 20 years to not exceed H units of 1.1. Action Item 2.2.1: Create an H unit budget for the general land use types and amounts estab- lished through the LCP preferred alternative process and refined through development of the HCP. Action Item 2.2.2: Use the following "H unit budget" table (Table 2.3), based on the final preferred development scenario modeled in the HCP, as a guideline for the approximate amount of H that should be anticipated for planned development over the twenty-year hori- zon. Action Item 2.2.3: Include discussion of the H unit budget in the annual review ofHCP com- pliance and change the budget as needed to meet community needs within HCP limits upon approval by the Board of County Commissioners. Land Use and Redevelopment Element 33 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Table 2.3. H unit budget for future development on Big Pine Key and No Name Key. Land Use Scenario Modeled in the HCP Unit Proposed Units Percentage H For Endan2ered SDecies Imoacts Estimated Residential Single Family House 200 23% Residential Accessory Lots (no additional traffic impact) Developed SFR Lot 250 5% Commercial (new and exoansion) 1,000 Square Feet 47.8 39% Community Organizations (new and expansion) 1,000 Square Feet 10 2% !community Park Facility Parcel 1 6% lLibrary Expansion 1,000 Square Feet 5 1% !Public Offices (new and exoansion) 1,000 Square Feet 10 1% Emergency Facility Expansion 1,000 Square Feet 7 1% US 1 Three-Laning Mile .25 1% Existing Roadway Paving Mile 5 16% Remaining public uses (minor parks, stormwater etc.) N/A N/A 5% Total 100% Note: The percentage ofH estimated is a generalized H unit value based on parcel averages and is for estimation purposes only Source: Habitat Conservation Plan for Florida Key Deer Strategy 2.3 Revise the Future Land Use Element policies of the Comprehensive Plan regulating the Big Pine Key and No Name Key Area of Critical County Concern. Action Item 2.3.1: Revise Objective 103.1 of the Comprehensive Plan to add the Master Plan and the Habitat Conservation Plan as guiding documents with which future land develop- ment regulation on Big Pine Key and No Name Key must be consistent. Action Item 2.3.2: Delete the following policies under Objective 103.1 of the Comprehensive Plan: 103.1.1 and 103.1.2; 103.1.7 through 103.1.12; 103.1.14 and 103.1.15. These policies are specifically addressed in this Master Plan. Land Use and Redevelopment Element 34 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 ~ \..\",ab\e CommUn\Keys \>togtam ~~ Big Pine Key and No Name Key Proposed Zoning/FLUM Changes , Q Zoning /FLU?...! ChangC;ls l. Zoning: ACCC to district corresponding to FLU!\'! FLUt\!: Unchanged t 2. Zoning: DR to SR FLllt\f: .MC to RL 3. Zoning: NAiSC to SC FLUM: RC to MC 4. Zoning: SR to SC FLUM: Unchnnged (INS) - (J ~ Legend \@ Monroe County . Mile Marker - Residential Roads Planning and EnviromnenM CJ Parcels - Key Deer Blvd. Resources Department ibu map i, (<< N"o~oc COCltI1 Gr<lWtb WullnDnal Di'ririoc ptl:p<O"J .. Aeee = U.S. 1 omly. Tht"dall <<Olat"dbtt~t1iliUvJttati..rco11.cdtU1nd lI(curllld"! oIq.il.1 b9\llld.Wn. p<<It.b.I....liabt<< way~ (W idnllifitldim nuonnldiO\&l. Figure 2.2 FLUM and Land Use District changes listed in Strategy 2.1, Action Item 2.1.3. Land Use and Redevelopment Element 35 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 GOAL 3 Maintain housing opportunities for all segments the population while limiting the total number 0 new housing units to preserve the rural character 0 the planning area and minimize impacts on the criti- cal habitat areas. Current Conditions Summary As described earlier, the LCP process envisions issuance of 200 residential dwelling units over the twenty-year planning horizon. The first 30 of those 200 permits will be issued to applicants who had already received an allocation but could not be issued a permit due to the traffic con- currency moratorium. These applicants were awarded regulatory relief through beneficial use or administrative relief after waiting for at least five years. All but two of the permits will be is- sued for single family lots within Tier III. The two remaining lots are in Tier I. The 170 additional permits to be issued over the next twenty years will be located primarily on privately owned vacant upland lots zoned for residential use. There are a total of 1,539 private vacant upland residential lots located in improved subdivisions. Of these, 756 (49%) are in Tiers II and III. This illustrates the fact that there is sufficient area and in fact a large surplus of lots available to accommodate planned development. Most residential development within the planning area takes place in single family residential subdivisions at the rate of one house per lot. Table 2.4 shows the characteristics of existing housing outside of single family subdivisions. Table 2.4 Housing outside single family subdivisions. Type Number Status obile homes/RVs (not including RV spaces) 518 Permanent or seasonal ulti-family/duplex 121 Permanent ttached employee unit 93 Permanent nstitutional (shelters, etc.) 61 Transient Table 2.5 below summarizes the status of current housing on Big Pine Key and No Name Key. The average size for households on Big Pine Key is 2.21 persons and for No Name Key is 2.48 persons. Land Use and Redevelopment Element 36 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Table 2.5 Housing figures for Big Pine and No Name Keys from the 2000 census. Vacant for Vacant for Vacant Sea- Vacant Owner Renter Totals rent sale sonal Other OccuDied Occuoied Big Pine Units 36 45 727 98 1,723 52~ 3,153 Household Pop 3,749 1,222 4,971~ No Name Units 0 3 18 1 20 1 43 ~ousehold Pop 36 ~ 4t * The total population is 5,032 which includes 61 persons in correctional or other institutional living quarters. Source: u.s. Census 2000 These data show that at least 23% of existing housing units are reserved for seasonal or recrea- tional use. Another 17% are renter occupied while 55% are owner occupied. About 3% of total units were available for sale or rent at the time of the census. The 2000 Census reports that the per capita income on Big Pine was $23,169. The per capita income of Monroe County was $26,102. Within the County a reported 7,977 individuals had an income that placed them below the poverty level, roughly 10.2%. On Big Pine the ratio remains similar: 472 individuals below the poverty level (roughly 9.5%). ROGO on Big Pine Key and No Name Key Being competitive in the current ROGO system on Big Pine and No Name is extremely difficult. Even if an applicant proposes to building in an improved subdivision on a scarified lot (gaining 10 points for infill and 1 point for a disturbed habitat) they are assessed -10 for being on Big Pine or No Name. An additional 10 points are subtracted ifthe lot is within the proposed CARL boundaries which consist of approximately 80% of Big Pine and 100% of No Name. Ten more points are subtracted if the lot is located with a Priority I or II acquisition area of the National Key Deer Refuge, which overlaps with much of the CARL boundaries on and covers 100% of No Name. In order to protect threatened or endangered species, 10 points for each species are subtracted if the applicant proposes to build in the known habitat. The known habitat of the Key deer covers both of the islands so a minimum of -10 points will affect the applicant. Another ten points will be subtracted from any application to No Name Key because it is a unit of the Coastal Barrier Resources System (CBRS). Therefore, just for being located on Big Pine and No Name an applicant would typically be subject to as little as- 20 and as much as -80 points in ROGO. The proposed ROGO system described in this Master Plan simplifies the process. Competition will only be between Big Pine and No Name applicants and the points system will be based pre- dominantly on the Tier designations set forth in the HCP. Additional negative points will dis- courage development in designated Key deer corridors, close to marsh rabbit habitat, and on No Name Key. To enter the proposed system, a threshold of '0' must be reached and the most nega- tive points which would be imposed would be -40 (for No Name Key within range of marsh rabbit habitat). Housing Affordability Retention of existing affordable housing is one of the most difficult issues to address in an area Land Use and Redevelopment Element 37 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 such as the Florida Keys where market pressure can be heavily slanted towards market rate housing as development slows. This is a particularly heightened issue within the planning area because Big Pine Key has traditionally been perceived as a "bedroom-community" for workers employed in the cities of Key West and Marathon. As existing dwelling units become more valuable due to growth restrictions, redevelopment of units which may now be affordable into market-rate units becomes more attractive to many owners. This pressure is too great to over- come with the use of incentive-based programs so the normal means of retaining affordable housing is to require new affordable units to remain affordable for a specified period of time. County regulations now require a period of fifty years for new affordable units to remain afford- able. Certain land use districts have been traditionally more accommodating to affordable types of housing including commercial districts (as employee housing), mobile home, and duplex or multi-family districts. Analysis of Community Needs Define Residential Development There is a need to clearly define the types and locations of residential development to be permit- ted. Most residential development will take place in subdivisions but further clarification is needed to address housing in other Tier II and III areas (e.g., commercial and mixed use) and to firmly establish future zoning guidelines for these areas. Revise ROGO The dwelling unit allocation system (ROGO) will need to be revised to implement the Tier Sys- tem Overlay Map and to be consistent with the Master Plan and HCP. The Tier system incorpo- rates most of the factors used in the existing ROGO to assign negative and positive points. By using habitat value, species protection and location as the basis of Tier designation a simplified allocation system can be developed. The revised system should be based on encouraging devel- opment to occur in infill areas, Tier III, and discouraging development, using weighting catego- ries, in Tiers I and II. The system should also include additional major negatives for any devel- opment proposed in the Key deer corridor or on No Name Key and within the 500 meter buffers of Lower Keys Marsh Rabbit habitat (occupied or unoccupied). Existing Affordable Housing Stock Inventory The existing information on affordable housing within the planning area needs to be compiled including the types, locations, conditions, and projected longevity. Affordable Housing Retention and Expansion As the pool of housing becomes more limited, the incentive to redevelop existing affordable units into market-rate units may increase. There is a need to determine current and future trends and to take steps to ensure that affordable housing is retained or replaced and, if possible, ex- panded. Recommended Strategies and Actions Strategy 3.1 Control the overall level of residential development for the next twenty years consistent with the Land Use and Redevelopment Element 38 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 community vision and the growth plan developed through the Livable CommuniKeys planning process. Future development shall also be consistent with the incidental take permit and the ac- companying Habitat Conservation Plan for the Florida Key Deer and Other Protected Species. Action Item 3.1.1: Limit the total allocations for new residential units over the next 20 years to 200 units. Action Item 3.1.2: Do not consider the replacement of existing, legally established residen- tial units as of the date this plan as new development nor shall on-site replacement be consid- ered to have any H impact. Action Item 3.1.3: Permit residential units at a steady rate over the twenty-year planning ho- rizon and encourage the distribution of units to designated infill areas. The Rate of Growth Ordinance (ROGO) and Tier Map Overlays shall be the mechanisms used to implement dis- tribution patterns to minimize impact on the resource and rate of growth allocations. Action Item 3.1.4: Allow residential units of any type listed in the applicable FLUM catego- ries and land use districts with the exception that new transient residential units shall be pro- hibited. Action Item 3.1.5: Prohibit transfer of development rights (TDRs) from islands outside of the planning area to within the planning area pursuant to Policy 101.13.4. Additionally, TDRs and transferable ROGO exemptions (TREs) within the planning area shall not be transferred from a higher (infill) tier category to a lower (conservation-open space) tier category, except as provided for in Action Item 3.1.5. Transfers to and from the same tier category are per- mitted except in Tier 1. Strategy 3.2 Revise the Comprehensive Plan policies regulating the rate and allocation of residential growth to adjust for allocation according to the Tier System for Big Pine Key and No Name Key. Action Item 3.2.1: Amend the current ROGO to base eligibility to compete in the allocation system upon the location of the proposed development with respect to the Tier System Over- lay Map. Remove any direct references to the planning area from Sec. 9.5.122.3 Action Item 3.2.2: The revised ROGO for Big Pine Key and No Name Key shall include: a. A threshold eligibility of "0" is required to enter the allocation system and compete for an allocation award; b. Applications in Tier III have no negative points and therefore achieve the threshold and are automatically eligible to enter the allocation system. Baseline negative values assigned to Tier I and II applications are as follows: Tier II -10 Tier I -20 Additional negative points will be accumulated based on the following criteria: Identified Key deer corridor -10 Land Use and Redevelopment Element 39 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Within 500 meter buffer of Marsh Rabbit habitat -10 No Name Key -10 The above criteria are cumulative e.g. an application within Tier I (-20), a deer corridor (-10), and Lower Keys marsh rabbit habitat (-10) would have a total score of -40; c. Points may be acquired to reach the threshold and to make the application more com- petitive through land dedication in Tier I or Tier II (two points) and by aggregating lots in Tier II or Tier III (three points). No aggregation oflots will be permitted in Tier I; d. A competitive points based system will be used to award allocations to eligible appli- cants within each allocation period; e. An additional perseverance point will be added for each year an applicant is in the sys- tem after year one; f. Applications in Tier III, which entered the current ROGO allocation system prior to adoption of this plan will receive an additional perseverance point for every year they have been in the ROGO system. Applicants in Tier I and Tier II, if they acquire the points necessary to reach the threshold will also receive a point for every year in the sys- tem. g. An applicant will be eligible to apply for administrative relief in five years if an allo- cation award has not been received. The form of relief will be property purchase for Tier I lands and either property purchase or permit award for Tier II and Tier III lands. Action Item 3.2.3: Count as part of the 200-unit cap, the 30 residential units that have been awarded allocations for beneficial use and administrative relief. These units may be issued upon County approval of the HCP and need not be held for adoption of this Master Plan. Action Item 3.2.4: Allocate residential units within the planning area at the rate of no greater than lOin any given year. More than 10 residential awards may be allocated if the excess consists of affordable units, that may be accumulated and issued in any allocation period or "borrowed forward" from future allocations. The allocation rate in this policy replaces that in Policy 103.1.1 of the Comprehensive Plan, which shall be deleted from the plan. Action Item 3.2.5: Reserve the 10 unit per year allocation rate provided in Strategy 3.2, Ac- tion Item 3.2.4 (above) separately out of the Lower Keys annual allocation for the exclusive use of the Big Pine Key and No Name Key planning area for at least the first five years of the twenty-year planning horizon. This will provide for housing opportunities within the planning area that were not available during the temporary deferral of awards preceding adoption of this plan. At the end of five years, the need for and effect of a reserve allocation shall be reevaluated and the reserve either abolished or continued. However the planning area shall continue to bear its fair share of the minimum 20% affordable housing set-aside (i.e. 2 units per year) as part of the annual 10-unit allocation pursuant to ROGO require- ments. Action Item 3.2.6: Limit allocation awards in Tier I to no more than two percent of all resi- dential units permitted over the twenty year planning period or a total of H = 0.022, which- Land Use and Redevelopment Element 40 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 ever results in the lower H. Strategy 3.3 Retain and expand availability of affordable housing within the planning area to the greatest ex- tent possible. Action Item 3.3.1: Identify the locations and characteristics of the existing pool of affordable housing in the planning area. These areas shall be targeted for the formulation and imple- mentation of retention and expansion mechanisms. Action Item 3.3.2: Consider an incentive program for existing mobile home parks and other existing or potential affordable housing in the planning area to provide for retention of af- fordable status. Action Item 3.3.3: Set aside a minimum of 20% (i.e., 2 per year) of dedicated ROGO units for affordable housing development within the planning area. This number may be adjusted during the annual BOCC review of the HCP status report. Action Item 3.3.4: Consider provision of incentives for businesses to build affordable hous- ing, including employee housing, in conjunction with their businesses on U.S. 1. Land Use and Redevelopment Element 41 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 GOAL 4 Provide opportunities for redevelopment and expan- . of existing businesses and limited new Slon non- residential uses within the U. S. 1 Corridor on scari- lfied lands. Current Conditions Summary The LCP process envisioned a redevelopment focus for the commercial uses within the planning area, primarily those near U.S. Highway 1 on Big Pine Key. The allocation of 47,800 s.f. of new commercial floor area represents the maximum, that may be needed to serve the additional 200 residential units (at the rate of 239 square feet per unit per year established by the Non- residential Rate of Growth Ordinance). Therefore, much of the new floor area is to be used for redevelopment and expansion of existing businesses. The only commercial business (outside possible home-based businesses) located on No Name Key is an operating borrow pit. That site is used for materials extraction only and is not open to the public. Therefore the focus of discussion for non-residential development issues is Big Pine Key. Table 2.6 lists some characteristics of existing businesses on Big Pine Key. Table 2.6 Big Pine Key commercial data. Commercial Type Number Floor Area Retail 27 214,820 Restaurant 6 19,952 Financial 3 6,431 Office 10 40,39~ ndustrial 15 75,313 ndoor or Outdoor Storage 8 30,280 A.uto or Marine Service 6 13,916 Service 21 89,200 Total 96 490,304 OUTce: Monroe County Planning and Environmental Resources Department Most businesses are located near U.S. Highway 1 in the central business area of Big Pine Key. This area was identified as the U.S. 1 Corridor Area for purposes of analysis during the LCP process. All of the businesses in Tier III are located in the U.S. 1 Corridor Area. It also appears at this time that the 47,800 square foot limit on commercial envisioned in the LCP process may be more than adequate to accommodate future expansions. Further analysis of existing commer- cial uses will help to identify where future commercial expansion is likely to take place and whether the 47,800 square foot limit is likely to be needed within the twenty-year planning hori- zon. Land Use and Redevelopment Element 42 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 1;11 \.\vab\e Comm\l"\J(eys 'Progtam ~~ Big Pine Key and No Name Key Existin land Use in the U.S. 1 Corrido .---/'" - ..---' Legend . Mile Marker .. Office Commercial , - Residential Roads L_,~j Financial + - Key Deer Blvd. L:=J Vacant Commercial = U.S. 1 .. Mobile Home Parks G Monroe County .. Government Ownership .. ~ ':j; PlallllllJ.g and Em"il'Ollluental Hotel. Motel c::=J Residential .. ::;-. t.;. ResolU'ces Department Industrial. Utility .. Retail Commercial ~ This mop;' thr_ CoulltyClmwth Mallop_DMsooapup>ses cmly Thodat.COIllauIodho.Dl;,~cmJr.ll1llI_"lI,",C1IIllloIy ~,-' . Institutional dlpct_.... p>:els, mado, zichlor...,., or iIIollliflcati..iIlfhrmalioa. Figure 2.3 Existing uses and commercial types in the U.S. 1 Corridor on Big Pine Key. Land Use and Redevelopment Element 43 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Industrial uses are scattered throughout the U.S. 1 corridor area, however most do not directly front U.S. 1 but are located off of side streets. Many industrial uses operate 'in the open', that is to say they are not located entirely within a building structure. Concrete plants, marine repair shops, and auto yards typically only have a small building but much of the site is utilized for work and storage. Industrial uses are not currently subject to NROGO, therefore additional floor area for manufacturing, assembly, wholesaling, or distribution no allocation is necessary. In January 2003 Monroe County proceeded with a design charrette planning process for the commercial corridor area of Big Pine Key. The charrette was a facilitated community discus- sion during which design concepts were developed and graphically assembled at the meeting for immediate reaction. The focus of the discussion was the U.S. 1 Corridor Area and the idea of a community center was presented as a layered concept based primarily on walking distance to the existing commercial center of Big Pine Key. Analysis of Community Needs Define Commercial Development There is a need to clearly define the types and locations of commercial development permitted. The proposed development plan includes redevelopment and infill of existing commercial uses in the U.S. 1 Corridor Area. The Tier Map shows Tier I and Tier III lands within the U.S. 1 Cor- ridor Area. The HCP requirements place some limitations, especially on the intensities of uses that can be permitted if the maximum floor area (47,800 square feet) is to be accommodated. Further guidance on commercial redevelopment is found in the Smart Growth Initiatives (Policy 105.2.15) that call for the creation of Community Center Overlay districts where commercial redevelopment and infill may be encouraged. During the LCP process the Community Center idea was expressed as the "Main Street" devel- opment alternative. While this alternative was not ultimately selected as the preferred develop- ment alternative it did convey an existing centralized business focus surrounding the Key Deer BoulevardlU.S. 1 intersection having potential for enhancement. The U.S. 1 Corridor Area De- sign Charrette held in January 2003 with the community also identified this intersection as a fo- cus for future commercial development. Revise NROGO Some portions of NROGO are to be automatically updated as Master Plans for individual com- munities are completed. NROGO for Big Pine Key will need to be revised accordingly and will also need to be revised for compliance with the development limits set forth by the Master Plan and ITP. In addition, NROGO needs to be updated to implement the Tier System. Although certain types of industrial floor area are not subject to NROGO, the HCP requires all increases in floor area to be considered development and must be accounted for in the total 1.1 H allowed over the 20-year horizon. Therefore, the H impact for new industrial floor area shall be calculated and subtracted from the total H allowed for commercial development. Land Use and Redevelopment Element 44 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Recommended Strategies and Actions Strategy 4.1 Plan the overall level of non-residential development for the next twenty years to be consistent with the community vision and development plan selected through the Livable CommuniKeys planning process. It shall also be consistent with the incidental take permit and the accompany- ing Habitat Conservation Plan for the Florida Key Deer and Other Protected Species. Action Item 4.1.1: Limit the total amount of new commercial floor area that may be permit- ted to 47,800 square feet over the twenty-year planning horizon. This amount may be re- vised at a later time based on data indicating a change is warranted. Action Item 4.1.2: Designate the U.S. 1 Corridor Area as the area defined in the Big Pine/US 1 Corridor enhancement plan, incorporated herein by reference. Action Item 4.1.3: Direct non-residential development and redevelopment to infill in existing non-residential areas on Tier II and Tier III lands, mainly in the U.S. 1 Corridor Area. New commercial development will be limited to disturbed or scarified land - no clearing of pine- lands and/or hammock will be permitted. Action Item 4.1.4: Prohibit new non-residential development in Tier 1. Redevelopment and expansion of existing institutional uses in Tier I is allowed, but is restricted to disturbed or scarified land. Action Item 4.1.5: Create a Community Center Overlay on Big Pine Key pursuant to Policy 105.2.15 of the Comprehensive Plan where Tier III infill and incentives for redevelopment will be encouraged. The Community Center Overlay shall be located at the intersection of U.S. 1 and Key Deer Boulevard, Wilder Road and Chapman Street; and be limited to the geographical area designated in figure 2.4. Land Development Regulations for design of the Community Center Overlay shall be as follows: a. Small individual buildings, of2,500 square feet or less, fronting both U.S. 1 and Key Deer Boulevard will be encouraged, with commercial uses on the lower floor and employee housing on the upper floor. b. The FAR in the Overlay District may be increased to .40 to foster a coherent more dense streetscape. c. Parking lots in front ofthe commercial uses are discouraged, although on street park- ing may occur where appropriate d. Building front setbacks are reduced with the majority of the building fal(ade on the required building line. e. Arcades, colonnades, open porches, canopies, awnings, balconies may be permitted to encroach on the frontage. Action Item 4.1.6: Prohibit the following new uses or change in use: a. Commercial retail high intensity uses that generate more than one hundred and fifty (150) trips per one thousand square feet of floor area. b. Outdoor storage as a principal use. c. Outdoor retail sales as a principal use. Land Use and Redevelopment Element 45 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 tf1 \.lvab'e C'omm"n,Keys \,rogrCIIYI Big Pine Key and No Name Key Big Pine Key Village Center / I /1 \~ I I Hi I \ ----- ~ I-- OVERSEAS HWy ~ ilL I ~!!II 1 I III I I I ll;= ~~lljr 1 I u l 1/ I 1 T I I I II - - ~f'---- - ~llll I T I-- - ~ - I II 1 T T - I-- - - fo-- - - fo-- - - - - - --- ~ - - N Legend + ~ Village I Center Zone .~J'~;:)"~ Monroe Coooty c=J Parcel '91 Planning and Environmental ~ Public ICivic Space . J ,I. Resources Department . . 1hism.lpisfOl'Man'oe CQIIIIV Gmvth~et~p1ZpOlI!S ~. 'IN dIto.cCllllailloclhm is ilIIllIIDo an1y mllll.lymlUcunII!ly dlpi:tbOlZldlns.plltok.mlds. Iiglt Ii "".Ol'idenflcmm id'lIlIIlmm Figure 2.4 Village Center as illustrated in the Big Pine Key/US 1 Corridor Area Enhancement Plan Land Use and Redevelopment Element 46 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Action Item 4.1.7: Limit new commercial uses to medium and low intensity uses with corre- sponding limitations on trip generation. This restriction replaces those in Policy 103.1.1 of the Comprehensive Plan. Policy 103.1.1 shall be deleted from the plan. Action Item 4.1.8: Create a new land use district category called Light Industrial (Ll) for the purpose of more appropriate definition and accommodation of existing light industrial uses on Big Pine Key. The Ll category may be considered for parcels within the Mixed Use/ Commercial (MC) FLUM category that do not border on U.S. Highway 1 and are currently occupied by light industrial uses such as, but not limited to construction material and lumber yards, outdoor and/or enclosed storage, warehouses and distribution centers, auto and marine services. Action Item 4.1.9: Prohibit new light industrial uses in the Suburban Commercial land use district fronting on U.S. 1. Action Item 4.1.10: Count H impact for new industrial square footage, even if exempt from NROGO, as part of the total 1.1 H available for development activities over the 20-year planning horizon. The H used for industrial development shall be counted as a part of the H to be used for commercial development. Strategy 4.2 Revise the comprehensive plan policies regulating the rate and allocation of non-residential growth to adjust for allocation according to the Tier System. Action Item 4.2.1: Revise the non-residential rate of growth ordinance (NROGO) to base eli- gibility to compete in the system upon the location of the proposed development with respect to the Tier System Overlay Map and make the following changes to the NROGO point sys- tem: a. Revise Criterion 6 to delete Big Pine Key and No Name Key from the critical habitat list. b. Revise Criterion 1 to encourage, by awarding positive points, both infill development and the redevelopment of existing commercial properties in Tier III to bring them into closer conformance with the current comprehensive plan and land development regulations. This point criterion shall not apply to the redevelopment of historic re- sources. c. Add an evaluation criterion, that encourages, by awarding positive points, the loca- tion of new commercial floor area within the U.S. 1 Corridor Area and within the Community Center Overlay area. Action Item 4.2.2: Allow new commercial square footage allocation awards to exceed 2,500 square feet per site within the designated Community Center Overlay provided they follow adopted design guidelines (see Community Character Element). Action Item 4.2.3: Prohibit the transfer of commercial floor area from outside the planning area pursuant to NROGO. Transfer of commercial floor area from one site to another en- tirely within the planning area may be allowed provided the receiver site is located within the designated Community Center. Land Use and Redevelopment Element 47 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 GOAL 5 Maintain the viability of existing community organi- zations by providing opportunities for limited rede- velopment and expansion. Current Conditions Summary The LCP/HCP process sought to ensure that existing community organizations could remain vi- able and expand according to their needs within existing zoning limitations. Table 2.7 lists these organizations. Table 2.7 Institutional uses located on Big Pine Key. Civic .' Parcel Zoning Tier ~ion's Club 108770 NA 1 Lower Keys Property Owners 309070 IS 2 Moose Club 111070 SR 1 Religious - . St. Francis 11 0040 NA 1 Lord of the Seas 111074.068 NA 1 Big Pine Baptist 111470 SR 3 Big Pine Methodist 111450 SR 3 Vineyard Christian 111170 SR 1 1st. Peter's 110400 SC 3 Other " Memorial Gardens Cemetery 110830.0001 I 3 ~ig Pine Neighborhood Charter School 111420.0023 SC 3 Seacamp 247000 MU 1 Source: Monroe County Planninl! and Environmental Resources Deoartment All of these institutional uses have been existing for at least 20 years and no new uses are antici- pated at present. A number of these institutions have expressed an interest in redevelopment of existing square footage or a limited expansion to better serve the needs of the present population. Analysis of Community Needs Plan for Future Community Organization Needs The existing community organizations in the planning area have been identified. Some have built their current land ownership to capacity while others have expressed a desire to expand. The permitted action under the HCP will allow for a limited amount of expansion needs. For the remaining facilities there is a need to define the future potential for expansion and maintain flexibility so that future requests can be handled. Land Use and Redevelopment Element 48 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Recommended Strategies and Actions Strategy 5.1 Allow the limited expansion of existing community religious, civic and institutional organiza- tions over the next twenty years consistent with the community vision and development plan and with the incidental take permit and the accompanying Habitat Conservation Plan for the Florida Key Deer and Other Protected Species. Action Item 5.1.1: Expansion of non-public institutional floor area and uses is allowed in all Tier designations within the planning area, but only on lands currently owned by the organi- zations on the date of the issuance of the Incidental Take Permit, to ensure avoidance and minimization of impacts to the Key deer and other covered species. Action Item 5.1.2: Limit floor area allocations to 2,500 square feet per organization, per year. Action Item 5.1.3: Monitor the total amount of new floor area allocated towards expansion of existing non-public institutional uses as specific proposals are received. At the point where new floor area is expected to exceed the H units budgeted, consider allocation of H from commercial or public facilities categories to fulfill community organization needs for both existing expansions and new uses. Include this as a discussion item during presentation of the annual report and obtain Board of County Commissioners' approval prior to revising the H budget Land Use and Redevelopment Element 49 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 ..... 1;ft \..\vablecomm""\J(eys \>togtam ~~ Big Pine Key and No Name Key Existing Institutional Uses ~ ('i'1C Oa'gllnization.'l ,I. The lions (1lub 2. Loner Ke,'H Pi'Opel"" Olmers AHHn. Q :3. Big Pine Ke,' Moose I.odge " \D '. .~.,.. , '~E!~ .. . -- . .-;?; .. .....~ ~'" \- . ~~ ~ Religious Ol"gllnizations 4. St. "'I~lDCI8 of the Keys () 5. LOI'd of the Seas 6. First Baptist Chul'ch 7. Big Pine United l\Iethodist 8. Vine,"al'd Christian 9. St. Petel"s Othel'llIstitutional 10. Pinen-ood !\IemOl'ial ('emeta..,' 11. Big Pine NeigbbOl'hood ('bal1el' School 12. Seacllmp (/ ~ N IL- I Legend ~~ "on",,, rou,,~. Mile Marker - Residential Roads . . ~I"" Planning and Environmental . ~_' . Resources Department c=J Parcels - Key Deer Blvd. Uu Map IS rM ).f~C(,oUI\t1 Cirowth NII'I"tmfCI DI"jh~ f1Wp6u, only Thle dsutOlltlla.f'dhfn:lflIS1Uulfn=a.~<<l11 mdCl.q!l~lfturastl,. ~U.S.1 &pttt ~dIn~s. pmd,.~.dt. npt dWIf1"<< 1&Dtditll<<lIMormlh(\!l Figure 2.5 Location of existing institutional uses on Big Pine Key. Land Use and Redevelopment Element 50 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Action Item 5.1.4: Allow allocation and permit issuance for non-public institutional floor area at any time during the twenty-year planning horizon. Provide facilities for the active and passive recrea- tional needs of all age groups . the community In while avoiding unnecessary impacts to the protected . speCles GOAL 6 Current Conditions Summary The LCP process identified a strong need for recreational facilities. The final vision included addition of a major park and recreational facility somewhere within the planning area and the possible addition of some smaller parks. The county is moving forward immediately with plan- ning for the major park. The old Mariner's Resort property on the eastern shoreline of Big Pine Key has been purchased and the county is proceeding with plans for major recreational facilities at that site. Scarified land both north and south of US-1 at the western end of Big Pine Key is also publicly owned and was identified as an area that may be appropriate for a passive sunset park. Other major county-owned recreational sites within the planning area include Watson's Field and the Blue Heron facility. Scattered "pocket parks" maintained by the county or by individual neighborhoods also exist throughout the planning area. The county has a branch library located in the Winn Dixie Shopping Center and arrangements have been made to expand the library into existing vacant floor area at that site. This expansion may be able to accommodate some meet- ing facilities for the community although the extent of this is not yet known. For public hearings and meetings the community uses facilities located at the Big Pine School or at one of the com- munity organization buildings on Big Pine Key. Analysis of Community Needs Develop Maior Recreational Facilities Monroe County has recently purchased the old Mariner's Resort property for development of major recreational facilities on Big Pine Key. The planning process for this site has begun. This will fulfill the need for one large recreational site anticipated during the LCP/HCP process. Two more sites of approximately 3 acres each were also anticipated. These will most likely be lo- cated near U.S. 1. During the LCP process, a desire by the Catholic Church to possibly build an athletic field on their property was also identified. Expand County Branch Library The Big Pine branch of the Monroe County Library is in need of expansion. The Big Pine com- munity is also in need of reliable meeting facilities that mayor may not be connected to the li- brary. Therefore, an allowance for a 7,500 square foot facility (5,000 s.f. expansion over exist- ing) was included in the HCP modeling effort. Although the library is planning to expand at its Land Use and Redevelopment Element 51 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 current leased site, the accommodation of a new building should remain in the Master Plan to allow planning flexibility over the entire twenty-year horizon. Plan Neighborhood Recreation. The extent of existing neighborhood recreational facilities such as playgrounds and boat ramps needs to be identified and the sites evaluated. These areas should be evaluated for utilization of existing facilities and the need for new facilities. The HCP modeled up to seven new "pocket park" sites in designated subdivisions. Recommended Strategies and Actions Strategy 6.1 Plan for recreational and community facilities over the next twenty years to be consistent with the community vision and development plan selected through the Livable CommuniKeys plan- ning process to meet the needs of Big Pine Key and No Name Key residents. Planned facilities shall also be consistent with the incidental take permit and the accompanying Habitat Conserva- tion Plan for the Florida Key Deer and Other Protected Species. Action Item 6.1.1: Designate and develop the property currently known as "Mariner's Re- sort" for the purpose of meeting the active recreation needs of the community over the twenty-year planning horizon. Action Item 6.1.2: Allow up to three new public parks on disturbed and/or scarified uplands to be located within the U.S. 1 Corridor Area. The intent of this Action Item is to provide for the needs of the Florida Keys Overseas Heritage Trail and the U.S. 1 Corridor Area design guidelines (see Community Character Element). Therefore, these two purposes shall be given priority for park designation. Action Item 6.1.3: Allow up to seven new neighborhood "pocket parks" on disturbed and/or scarified lands in any of the following subdivisions: Pine Channel Estates Cahill Pines and Palms Doctor's Arm Palm Villa Sands Eden Pines Colony Port Pine Heights Neighborhood parks are intended to provide minor local recreational opportunities within walking and/or biking distance of most residents served. Pocket parks may include passive and or active recreational uses such as green space, boat ramps, tennis courts, volleyball courts, playgrounds and similar uses. Land Use and Redevelopment Element 52 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 .f " ~ \..\",ab\e CommUn\Keys \>rogram ~~ Big Pine Key and No Name Key. Existing County Recreation Facilities ~ Q " I ...., -~' ~ ~n J 1. Pahll YilIa Park (passive) "'l1~ 2. Watson Field (acti\'e) 3. Blue Heron Park (acti\'e) 0 ..t Monroe County Library 5. t\Jariner's Resort (future) (active and passh'C;l) 1.} (I ~ ~ - (1)> 0- {.-- 'Nr~. ' ~ ~~5J -' to. ~(r Legend l!~ MOJu.oe County ~.' (, PlaJUung and EJl\'iroJUllcntal . Mile Marker - Residential Roads .~ . :',':7 Resources Department LJ Parcels - Key Deer Blvd. I I 1\i. _i. r" LI..... c.u..v <It...,bIoI.,....""!);.;,;........... oootr, Tile &.U1 t<lDuitledbemD l~iU.Q~ati.e fCIJ, _dmfl' 061 ~n"rly ~U.S.1 &p.n bwad.uiQ., putd., t~ds. ri&Jlt 0{ ....,... oridtAti6e.11iotl id'6tUUdioo, ! Figure 2.6 Location map of existing recreational facilities and library. Land Use and Redevelopment Element 53 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Action Item 6.1.4: Allow expansion of the existing county library to be located on scarified/ disturbed uplands within the U.S. 1 Corridor Area. Provide adequate public facilities to serve the exist- ing and future needs of Big Pine Key and No Name Key GOAL 7 Current Conditions Summary Certain public facilities are already planned including sewer and stormwater facilities within the twenty-year horizon. The Monroe County Sanitary Wastewater Master Plan sets out priorities for provision of advanced wastewater treatment to county "hot spots" where collection and cen- tralized treatment systems are recommended. Facilities are required to be available by the Year 2010 in order to fulfill comprehensive plan mandates. Even if this schedule falls behind, it is safe to assume that these facilities will be built within the twenty-year planning horizon of this Master Plan. Major subdivision areas slated for package treatment and collection facilities in- clude Sands Subdivision and surrounding subdivisions, the Doctor's Arm/Tropical Bay area, Eden Pines Colony subdivision, the Tropical Key Colony/Pine Channel Estates area, and Port Pine Heights subdivision. The Stormwater Management Master Plan contains mainly regulatory and non structural im- provement recommendations for handling stormwater. The plan does have a list of retrofit pro- jects but none of them are located within the planning area. Therefore, at present it is assumed that there will be no major public stormwater collection systems installed. Several buildings house government services in planning area now. The following is a list of the existing non-recreational government facilities: Monroe County: Big Pine Animal Shelter Emergency Response Facilities Library Police Substation State of Florida: Road Prison Department of Children and Families U.S. Government: National Key Deer Refuge offices and facilities U.S. Forest Service Monroe County anticipates the need to expand emergency response facilities and is currently proceeding with expansion plans. Other types of government services are not normally planned into a timeframe beyond five to seven years. Therefore, without knowing what additional gov- ernment services may be needed in the planning area over the twenty-year horizon, floor area was reserved for government service uses in the preferred land use scenario during the Land Use and Redevelopment Element 54 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 " ~ \..\",ab\e Comm\l"\Keys \>togtam \' Big Pine Key and No Name Key I Existing Government Facilities \\ \ '~':~I "'-=L~' J _ j - lrl \ ~::j~' q- ,) ". ~ ~" ~\\l c~ I. 1 ',S, Fish and Wildlife Oflices --- 2, State: Road Prison 3. Big Pine Key Volunteer Fire Department () l'.S. Forcst Scrvicc ,,' 4, UonroC;l COWlty Library ,~ :~ 1\lonroe County Sheriff Substation _~"Y '\..32 National Key Decr Retllgc Office /h' . 5, Uonroe County Animal Shelter <--, ~ "-J' :S:;:. '33 - J!i ~-i~ -) .(:\., .. r. J ~~~/=::J A'-- ~-ifr'? " "'~-~ :. ~ \. .... ~ .-.! ~'_!) _........ 0.> {\;;; ~r" /" \: /l-d-J-----y~ ' . , ~ 9(J 'y/ ~~ + Legend ~~. Uonroe County ,: ~ Planning and ElwirolIDlental · Mile Marker - Residential Roads ::JI Resources Dep;'\rtment r-I Parcels - Key Deer Blvd. 'I!...m....I,..&o~..c.c.I1.O'.....u.u.........O'.u;......,u. L-J <<l!y. Tbt' data t'etIIISD~d ~~!ll t tD'lrtrlhYI!' M11 2ld m., c<< ar<<:ut&trl, ..... U.$. 1 .1tpi(t b>OV:ldaritt. :-ut'1!'1.. roads. riabt cl 'lI'1Y'.1)I'1del.Ti6ultI'.c im<mdion. Figure 2.7 Existing government facilities on Big Pine Key. Land Use and Redevelopment Element 55 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 LCP/HCP process. Analysis of Community Needs Public Buildings. There is a need to project and address the maintenance of existing public fa- cilities on Big Pine Key, including expansions necessary to maintain an appropriate level of ser- vice into the twenty-year horizon. Of the existing facilities analyzed during the LCP/HCP proc- ess, the only identified expansion need was an addition to the emergency services facilities to be built in 2003. Due to the usually short planning horizon for capital facilities at the county level (5 years or less), additional floor area for future government office space was modeled in the HCP. In the case of Big Pine Key, however, there is a need for further analysis of public facili- ties into the twenty-year planning horizon. This will help anticipate future needs and identify mechanisms to meet changing conditions. Wastewater and Stormwater Facilities. According to the county's Sanitary Wastewater Master Plan and Stormwater Management Master Plan, these types of facilities are scheduled to be in- stalled in the planning area within the twenty-year horizon. Potential sites for sewage treatment facilities have been identified and were included in the LCP/HCP planning process. Potential sites for stormwater treatment have not been identified. Collection systems will be installed along existing roads. Although the timing of these facilities is laid out in their respective plans, implementation of both plans has fallen behind schedule. Therefore, there will be a need to monitor this situation. There is probably also a need to re-evaluate projected sewer and storm- water layouts in light of new development assumptions for Big Pine Key introduced through the LCP/HCP process. Recommended Strategies and Actions Strategy 7.1 Limit development of new and expanded public facilities to the level necessary to adequately serve existing and future development over the twenty-year planning horizon. Public facilities development shall also be consistent with the incidental take permit and the accompanying Habitat Conservation Plan for the Florida Key Deer and Other Protected Species and the Year 2010 Comprehensive Plan. Action Item 7.1.1: Install a sanitary sewage treatment system in accordance with the Monroe County Sanitary Wastewater Master Plan. Components may include centralized or cluster facilities for collection and treatment, all of which shall be developed on disturbed and/or scarified uplands or in existing rights-of-way. The projected sewage treatment requirements for the planning area should be revisited and confirmed to be consistent with the final devel- opment plan adopted pursuant to the Master Plan and the HCP. Action Item 7.1.2: Allow installation of stormwater treatment systems in accordance with the Monroe County Stormwater Management Master Plan. Any facilities installed for central- ized collection and treatment should be developed on disturbed and/or scarified uplands or in existing rights-of-way. Action Item 7.1.3: Allow development of new and/or expanded public offices to be located Land Use and Redevelopment Element 56 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 on disturbed and/or scarified uplands within the U.S. 1 Corridor Area. Action Item 7.1.4: Allow expansion of emergency response facilities on scarified uplands at their current location on Big Pine Key. Action Item 7.1.5: Public facilities may be built at any time during the twenty-year planning horizon. Action Item 7.1.6: Monitor the total amount of new floor area allocated towards public facili- ties as specific proposals are received. At the point where new floor area is expected to ex- ceed the H budgeted, consider allocation of H units from the non-residential category as needed. Likewise, at any point where the Board of County Commissioners identifies the H budget towards government uses to exceed actual needs, consider re-allocation of H from public uses back to private uses. Include this as a discussion item during presentation of the annual report and obtain Board of County Commissioners' approval prior to revising the H Land Use and Redevelopment Element 57 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 budget. Recognize the community s desire for certain acces- sory uses and security fencing by allocating a lim- ited amount ofH-valuefor these uses. GOAL 8 Current Conditions Summary In analyzing the impact of habitat development on the population viability of the Key deer, the PV A model considered loss of all habitat within each individual parcel developed. Fencing of a parcel was likewise modeled as a complete loss of habitat from that parcel because fencing makes the habitat inaccessible to deer. Because the model was based on the current status of access by deer to all parts of the planning area, the fencing of new vacant habitat was generally considered unacceptable. Fencing of developed parcels in Tier II and III was acceptable because the model assumed most of the habitat value is already lost from the developed parcel for the incidental take permit. Accessory uses are those that serve or support a principal use development. Residential acces- sory uses may include such items as storage sheds, gardens, play equipment, swimming pools or boat docks. Commercial accessory uses may include such items as storage, trash enclosures, sewage treatment plants, signage, parking lots, and other uses or equipment specific to the busi- ness being served. Monroe County has considered one means of retiring development rights through the purchase of subdivision lots and resale to adjacent developed lot owners at a reduced price. The possibil- ity of building accessory uses on these lots may make this mechanism more attractive to adja- cent owners. Therefore the county expressed a desire for approximately 250 vacant "accessory lots" in Tiers II and III to be modeled in the PV A and included as a development impact in the HCP. Analysis of Community Needs Clarify Regulatory Status ofFences and Accessory Uses The Master Plan needs to specify the appropriate locations for fences and accessory uses based on the HCP model. Appropriate design standards for fences within the planning area are already contained in the land development regulations and should be retained through the planning hori- zon. Recommended Strategies and Actions Strategy 8.1 Regulate the overall level of new habitat to be occupied by accessory uses and/or enclosed by fences over the next twenty years consistent with the level of habitat alteration contained in the Land Use and Redevelopment Element 58 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 incidental take permit and the accompanying Habitat Conservation Plan for the Florida Key Deer and Other Protected Species. Action Item 8.1.1: Regulate new fences as follows: a. Prohibit new fences on Tier I lands except for fencing of developed lots within Port Pine Heights and Kyle-Dyer Subdivisions and fencing required for safety purposes at any location to enclose the immediate impervious area of pools and tennis courts. b. Prohibit new fences in non-residential areas along U.S. 1. c. Permit new fences on developed canal lots and vacant canal lots that are contiguous to and serve a principal use within Tier II and Tier III and within Port Pine Heights and Kyle-Dyer Subdivisions. All fences shall be designed to meet adopted fence design guidelines for the planning area already contained in the land development regulations. d. Allow replacement of fences existing on the date this plan is adopted in their existing configuration. e. Do not consider fencing of developed property in Tier II or III (whether developed with principal or accessory uses) to have H impact additional to the development as mod- eled in the HCP as a reduction in K. Action Item 8.1.2: Regulate new accessory uses as follows: a. Prohibit new accessory uses on Tier I lands except accessory uses located within Port Pine Heights or Kyle-Dyer Subdivisions and other areas with existing fenced yards. b. Permit new accessory uses to be located on the same parcel as the principal use within Tier II and Tier III lands and within Port Pine Heights and Kyle-Dyer Subdivisions. Do not consider accessory uses located on the same parcel as the principal use to have any H unit impact additional to the principal use. c. Permit new accessory uses on vacant lots contiguous to and serving a principal use within Tier II and Tier III lands and within Port Pine Heights and Kyle-Dyer Subdivi- sions. Consider new accessory uses located on vacant lots to impact H-Value. d. Allow for the replacement of existing accessory uses and/or for their relocation else- where on the same parcel for safety and security purposes. e. Continue to apply all other Comprehensive Plan and land development regulations re- garding types, placement and other features of accessory uses. Action Item 8.1.3: Monitor fence and accessory use allocations as specific proposals are re- ceived. At the point where these uses are expected to exceed the H budgeted, consider allo- cation of H from other categories as needed or consider modifying the regulations concern- Land Use and Redevelopment Element 59 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 ing these uses. Include this as a discussion item during presentation of the annual report and obtain Board of County Commissioners' approval prior to revising the H budget. Implement a land consolidation and acquisition sys- tem that provides fair, equitable and efficient com- pensation to land owners who are willing sellers on Big Pine Key and No Name Key. GOAL 9 Current Conditions Summary The most challenging aspect of the Master Plan will be implementation of a coordinated and ef- ficient system of compensation to land owners who wish to sell their parcels to the county. There are three basic levels of government land acquisition currently operating. At the federal level, the U.S. Fish and Wildlife may purchase lands authorized by their land protection program within the administrative boundaries of the refuge system. The entire planning area is included in the National Key Deer Refuge boundaries for purposes of acquisition. However, the federal government usually purchases property with wildlife habitat value that is either undisturbed or can be restored. This usually excludes platted subdivision lots in certain areas that do not lend themselves to management for conservation purposes. The State of Florida participates in acquisition primarily through two programs: the Conserva- tion and Recreational Lands (CARL) Program and the Florida Forever Program. CARL pur- chases are made within the authorized CARL boundaries while grant funding from the Florida Forever Program has been used by Monroe County in non-CARL areas county-wide to mainly purchase platted lots with relatively undisturbed habitat. The Monroe County Land Authority conducts acquisition at the local level. The Land Authority may purchase properties outright and hold them but usually tries to resell or transfer them to some other entity that will accept the property for management purposes. For properties within the CARL boundaries, for example, the Land Authority may expedite purchases for willing seller owners who want to avoid the arduous state purchasing process. Then the county can re- sell the property to the state. For purposes of implementing the HCP and this Master Plan, the primary means of funding acquisition are anticipated to be existing state programs and the Mon- roe County Land Authority. The HCP estimates the projected cost of land acquisition for mitigation at approximately $6.8 million over the twenty-year life of the Incidental Take Permit. However, this estimate only covers the purchase of lands needed to mitigate H impacts at the ratio of 3 to 1 (acres preserved to acres impacted). The implementation of Smart Growth Initiatives and the Tier System through this Master Plan broadens the scope of acquisition to cover all vacant, private Tier I lands and probably most vacant, private Tier II lands within the planning area. Because we have established that there is a surplus of property in Tier III to accommodate development over the Land Use and Redevelopment Element 60 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 ing these uses. Include this as a discussion item during presentation of the annual report and obtain Board of County Commissioners' approval prior to revising the H budget. Implement a land consolidation and acquisition sys- tem that provides fair, equitable and efficient com- pensation to land owners who are willing sellers on Big Pine Key and No Name Key. GOAL 9 Current Conditions Summary The most challenging aspect of the Master Plan will be implementation of a coordinated and ef- ficient system of compensation to land owners who wish to sell their parcels to the county. There are three basic levels of government land acquisition currently operating. At the federal level, the U.S. Fish and Wildlife may purchase lands authorized by their land protection program within the administrative boundaries of the refuge system. The entire planning area is included in the National Key Deer Refuge boundaries for purposes of acquisition. However, the federal government usually purchases property with wildlife habitat value that is either undisturbed or can be restored. This usually excludes platted subdivision lots in certain areas that do not lend themselves to management for conservation purposes. The State of Florida participates in acquisition primarily through two programs: the Conserva- tion and Recreational Lands (CARL) Program and the Florida Forever Program. CARL pur- chases are made within the authorized CARL boundaries while grant funding from the Florida Forever Program has been used by Monroe County in non-CARL areas county-wide to mainly purchase platted lots with relatively undisturbed habitat. The Monroe County Land Authority conducts acquisition at the 10ca11evel. The Land Authority may purchase properties outright and hold them but usually tries to resell or transfer them to some other entity that will accept the property for management purposes. For properties within the CARL boundaries, for example, the Land Authority may expedite purchases for willing seller owners who want to avoid the arduous state purchasing process. Then the county can re- sell the property to the state. For purposes of implementing the HCP and this Master Plan, the primary means of funding acquisition are anticipated to be existing state programs and the Mon- roe County Land Authority. The HCP estimates the projected cost of land acquisition for mitigation at approximately $6.8 million over the twenty-year life of the Incidental Take Permit. However, this estimate only covers the purchase of lands needed to mitigate H impacts at the ratio of 3 to 1 (acres preserved to acres impacted). The implementation of Smart Growth Initiatives and the Tier System through this Master Plan broadens the scope of acquisition to cover all vacant, private Tier I lands and probably most vacant, private Tier II lands within the planning area. Because we have established that there is a surplus of property in Tier III to accommodate development over the Land Use and Redevelopment Element 60 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 twenty-year horizon, there may eventually be a need to add some Tier III acquisition to the above cost. To put this purchase cost in perspective, it is useful to know that the levels of development con- templated in this HCP and Master Plan are only slightly higher than the current comprehensive plan allows. Therefore the above cost is not purely a result of these processes because much of it already existed under the current plan. What changes under this plan is the focus of acquisi- tion and the increased urgency to acquire especially sensitive Tier I lands. Analysis of Community Needs Provide Relief for Willing Sellers There is a need to prioritize vacant Tier I properties based on habitat value for acquisition and to acquire these and other properties at a fair and reasonable price. Regardless of how zoning and permitting issues are handled, the level of development contemplated in the LCPIHCP process is only slightly higher than the current comprehensive plan allows. Therefore, there is a need to continue current acquisition efforts and to reprioritize and focus those efforts to conform with the new Master Plan. Anticipate and Address Funding Needs The above preliminary analysis gives some indication as to the level of funding needed to fully implement the HCP and this Master Plan. Further analysis is needed to anticipate acquisition costs and identify where county acquisition will be most effective. In addition, acquisition must be coordinated with existing state programs to encourage updating of those programs for in- creased support of the HCP and Master Plan. Recommended Strategies and Actions Strategy 9.1 Implement the Acquisition Strategy developed in Goal I making offers in 2003 to purchase those lands identified to have the highest priorities. Strategy 9.2 Identify and pursue existing and new acquisition resources. Action Item 9.2.1: Update Comprehensive Plan Policy 101.6.4 to encourage the FDCA to work at the state level for a dedicated acquisition fund for Tier I lands within the planning area based on results of the Carrying Capacity Study and the requirements of the anticipated ITP and HCP. Action Item 9.2.2: Revise Policy 101.6.5 to add to item 3 the consideration of whether or not development on the subject property may adversely impact successful implementation of a Habitat Conservation Plan. Action Item 9.2.3: Encourage the State of Florida to revise the CARL boundaries within the planning area to correspond with coverage of Tier I and Tier II lands as depicted on the Tier System Overlay Map for the purpose of prioritizing purchases. Action Item 9.2.4: Create an environmental mitigation fee for new residences, non- Land Use and Redevelopment Element 61 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 residential floor area and institutional uses in order to ensure that development bears its fair share of the required mitigation under the anticipated ITP. The mitigation fee will be set to cover at least 50% of the actual cost of acquiring mitigation land at the required 3 to 1 H in the HCP. The Board of County Commissioners will review and revise the amount of the mitigation fee on a yearly basis. The mitigation fee may also be used for management activi- ties of acquired lands including fire management, invasive species control, restoration and monitoring. Affordable housing allocations will not be subject to the mitigation fee. Action Item 9.2.5: Encourage the U.S. Fish and Wildlife Service to support the goals of the HCP by providing relief to property owners within the acquisition boundaries of the National Key Deer Refuge and continuing to acquire land with high H-va1ue, even though federal pur- chases cannot be applied to the required mitigation. Strategy 9.3 Identify and pursue existing and new means of retiring development rights. Action Item 9.3.1: Amend the administrative relief and beneficial use provisions of the Com- prehensive Plan and land development regulations to require purchase of land for Tier I ap- plicants and to allow purchase or issuance of permits for Tier II and Tier III applicants, as appropriate. Action Item 9.3.2: Encourage density reduction through lot consolidation especially on Tier II lands. Mechanisms may include conservation easements, tax relief, and accessory lot pur- chase mechanisms for privately owned, vacant land in Tier II and Tier III. Action Item 9.3.3: As an alternative to direct purchase, evaluate and encourage the use of conservation easements, life estates and purchase/retirement of development rights from un- der-density developed parcels for the purpose of retiring development rights and providing tax relief. Action Item 9.3.4: Track conservation easements placed on property as a part of the H track- ing system. Enforcement of conservation easements shall be done by the Monroe County Growth Management Division. Fiscal Implications and Anticipated Capital Improvements Projects The primary fiscal impact of the Land Use and Redevelopment Element will be in the form of required acquisition funds to implement the HCP and this Master Plan. A minimum of $6.2 mil- lion may be needed to implement the HCP and an additional $44.5 million may be needed to implement the Master Plan. Known capital facilities improvements within the planning area over the next twenty years in- clude the expansion of the existing emergency response facilities, the installation of sewage treatment facilities, expansion of the existing library, and the development of major recreational facilities at the Mariner's Resort park site. The fIrst three items were previously planned or mandated facilities and were not new community needs identified in the LCP process. The need for a major recreational facility was identified through the LCP and previous planning processes. It is projected to be completed by 2004 and it is estimated that the facility will cost approxi- Land Use and Redevelopment Element 62 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 J 1t1:..~ ( t Big Pine Key and No Name Key Private, Vacant Parcels'in Tiers 1 and 2 \l ~ ,. Q ~I ..1 " ~ .ft~ It ")\\1 .-J t f'l, ,J , -' ~. -,\ ~/~ j( \ \"It) ~ ~ ~',\. / v ,. " '~"iI' - :_-~ -.-.'1 ..... . 'c.,.'. . -\... CJ ~"'.., ,~l ~ .~ /'"""' ("., ~".:.--- /MC::-'y~ \.." ~ # ~ -)J~' + ----........ Legend e Monro< Coontv r=l Parcels , " Planning and Enviro~entn1 ~ Tier 1 Resources Department I 11>;, - ~ t" 1.1."", c-., G,.wtb -_"'. n...... """'.... j Cl Tier 2 0Gt" n.d.t.tI ~d'.Jl!UlI.muctrab.t .....~, aao! m'" G4t .lltCurald, dapid boudariu. put." roadL, habt of ...,... Of ,dftlbflUbOG ill!<<m~(IrQ. Figure 2.8 Private, undeveloped land within Tier I and Tier II. Land Use and Redevelopment Element 63 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 .... .. ~ -- , 0 ~ ~~ i.. . ~ ENVIRONri,NTAL · PROTECTION ~EMENT . '~Ift~ . .. <C>I 0 ,.. . " ''-~~.- <I. . ... . , . ,. ; \, lJ&. 0,; .#!!;: . . J Qo....~ 1....". pP . , .. ,. ,- , oV Environmental Protection Element 64 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 mately $ 2.4 million to build (operating costs are not available at this time). GOAL 10 Protect and manage natural resources within the planning area in order to ensure continued viability and biodiversity of plant and animal life and to maintain compliance with the anticipated Incidental Take Permit (ITP). Current Conditions Summary Environmental protection within the planning area has primarily been implemented to date using the following mechanisms: existing environmental design criteria in the land development regu- lations, discouragement of development of environmentally sensitive areas through the ROGO point system and acquisition of habitat. The HCP and Master Plan strategies will primarily change the second mechanism with the addition of the Tier Map Overlay. With this new system comes an accelerated acquisition program. Monroe County has anticipated this trend county- wide and must contemplate being in the position of holding more and more land, either tempo- rarily until it can be resold, or permanently. With this increased land ownership comes the need for constant attention to land management issues. In 2001 Monroe County hired a full-time land steward to address management issues on county lands. Prior to that, there was no dedicated land management framework within county government. Due to its environmental sensitivity and biodiversity the planning area has received the attention of numerous conservation land management entities. Those operating within the planning area at present include the u.s. Fish and Wildlife Service (FWS, Florida Keys Refuges), Monroe County and two private non-profit organizations, The Nature Conservancy (TNC) and the Flor- ida Keys Environmental Restoration Trust Fund (FKERTF, National Audubon of Florida, Trus- tee). Of the latter two, TNC is a land owner in the area. The FKERTF performs habitat restora- tion and management activities on publicly owned lands in the area. The State of Florida is a major land owner in the area but through a cooperative agreement, turns management of lands they acquire over to the FWS. All of these entities, with the exception of Monroe County have been engaging in natural re- source land management activities within the planning area for many years and all have focused on management of undisturbed habitat or habitat that can be restored. Traditional habitat man- agement within the planning area usually includes the following activities: land protection (i.e., from dumping, roaming domestic animals, poaching, etc.), eradication of invasive exotic vegeta- tion, habitat restoration through removal of disturbed areas, and controlled burning of pine1ands. These activities are best suited to unpopulated or sparsely populated areas. Until recently most agencies have generally avoided the acquisition of platted, improved subdivision lots, whether Environmental Protection Element 65 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 they contained natural habitat or not. The application of management activities to subdivision lots brings a suite of additional tasks, the most important of which is coordination with neighboring land owners. The amount of work needed to manage small fragmented subdivision parcels has made the cost-benefit ratio seem less attractive in the scheme of a management program that covers thousands of acres. After all, the primary purpose for acquisition of many of these lots has been to prevent additional develop- ment impacts on wildlife and biodiversity within the planning area. Once a lot is acquired how- ever, the land-owner is responsible for its management compatible with resource conservation goals and with the surrounding neighborhood. Over the last few years, the FWS has begun to shoulder responsibility for management of many of these lots within priority areas. The FWS through a cooperative agreement with Monroe County manages many county-owned subdivision lots. The population viability analysis of the Key deer demonstrates that the remaining hammocks and pine1ands within the planning area have very high habitat value for the deer. Development of these habitats is currently discouraged mainly through the Rate of Growth Ordinance (ROGO) point system. Because the Tier System Overlay Map is based upon the H of parcels, hammocks and pinelands have already been mapped as Tier I "Natural Lands." The submitted HCP greatly limits the clearing of native habitat. Limited clearing is only permit- ted on parcels to be developed for residential purposes or for local road widening. The total cu- mulative amount of clearing permitted over the 20-year period of the HCP is no more the .2 per- cent of the current extent of native habitat (a total of 7.1 acres) and no more than 20% of any individua110t with native habitat for wildfIre prevention purposes only. Analysis of Community Needs Habitat Management Implementation There is a need to plan for organized habitat management of lands acquired for conservation purposes that will meet the requirements of the HCP. The county has not traditionally engaged in natural lands management in the past and has only recently dedicated one employee position to this activity. Therefore, efficient habitat management will likely be accomplished through heavy coordination with existing management entities operating within the planning area. There is a need to anticipate future management needs based upon habitat acquisition goals and to de- termine how the county will handle expanding management responsibilities. There is a further need to organize completed annual management activities into report form to fulfill HCP man- dates. HCP Compliance Reporting There is a need to coordinate all of the activities contained in the HCP and produce an annual report of their status. These activities include the compilation of H units permitted and pur- chased as described in the Land Use and Redevelopment Element, and the minimization and mitigation measures described throughout the HCP. Many of these measures involve habitat Environmental Protection Element 66 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 management activities. Protection of Hammocks and Pine1ands All remaining hammocks and pine1ands are included in Tier I on the Tier System Overlay Map. Further protection is needed for parcels that may be developed. The HCP limits further clearing of hammocks and pine1ands to no more than 20% and the preferred land use scenario modeled in the PV A included very little new clearing of pinelands and hammocks. Therefore, all of these habitats within the planning area should be classified as automatic high quality due to their high wildlife habitat value. Comprehensive Plan Consistency Policies in the comprehensive plan specifically aimed at protection of unique habitat and wild- life communities on Big Pine need to be updated. Recommended Strategies and Actions Strategy 10.1 Revise policies in the comprehensive plan specifically aimed at protection of unique habitat and wildlife communities in the planning area. Action Item 10.1.1: Delete policies 207.7.5, 207.7.7, 207.7.9, 207.7.10, 207.7.11, and 207.7.17 from the Conservation and Coastal Element of the Comprehensive Plan. These policies cover habitat and wildlife protection issues that either have been fulfIlled since the policies were written, or are addressed as part of the HCP as implemented in this Master Plan. Action Item 10.1.2: Amend existing habitat analysis policies and regulations to add all ham- mocks and pinelands located within the planning area (on Big Pine Key and No Name Key) to the "Automatic High Quality" category with corresponding open space ratios applied. Action Item 10.1.3: Limit any clearing of native habitat on parcels to be developed for resi- dential purposes or for local road widening. The total amount of clearing permitted over the 20-year period is no more the .2 percent of the current extent of native habitat (7.1 acres) and no more than 20% of any individual lot with native habitat (for wildfire prevention purposes only). Strategy 10.2 Formulate and carry out a plan for habitat management of lands acquired for conservation pur- poses to meet the goals of this Master Plan and the HCP. Action Item 10.2.1: Offer any lands acquired for conservation purposes to the FWS for man- agement under the refuge system. Terms of offer, ownership and management arrangements are to be worked out on an individual parcel basis and will not be limited by this plan. Action Item 10.2.2: Work with land managers of the FWS, state and non-governmental or- Environmental Protection Element 67 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 ganizations to formulate a coordinated land management system for the planning area. Action Item 10.2.3: Identify and prioritize conservation lands under county ownership and management for implementation of management activities. Anticipate future management needs based upon the projected acquisition of properties required to implement the HCP and this Master Plan. Action Item 10.2.4: Based on interagency goals formulated pursuant to Goa14, Strategy 4.2, Action Item 4.2.2, formulate management objectives for specific habitats and locations within the planning area on conservation land under county ownership and management. Action Item 10.2.5: Identify and prioritize management activities such as fence removal, trash removal, invasive exotic vegetation control, invasive exotic animal control, control of free-roaming domestic pets, controlled burning and habitat restoration. Action Item 10.2.6: Monroe County shall restore, where practicable, disrupted wetland and native upland vegetation systems on County-owned public lands on Big Pine Key and No Name Key in order to improve Key deer habitat. Action Item 10.2.7: Use a GIS database for continual tracking and update of management activities and for HCP reporting of management activities. Coordinate this as appropriate with the existing GIS management database used by FWS. Action Item 10.2.8: The status of management activities shall be organized into report form annually to fulfill HCP mandates. Strategy 10.3 Coordinate all of the required activities contained in the HCP and produce an annual report of their status. Present the report annually to the Board of County Commissioners, ITP applicants and the public prior to submission to the FWS. Action Item 10.3.1: Combine tracking ofH permitted and H acquired as outlined in the Land Use and Redevelopment Element using a GIS-based system. Compile tracking results for presentation in the annual report. Action Item 10.3,2: Track and compile annually all management activities and other minimi- zation and mitigation activities carried out in fulfillment of the HCP and present this infor- mation in the annual report. Action Item 10.3.3: Conduct annual formal coordination with the other ITP applicants and other management entities working within the planning area to coordinate management ac- tivities and exchange information. In the annual report, provide a summary of relevant man- agement efforts being conducted by others such as monitoring of the Key deer population by the FWS refuge office. Environmental Protection Element 68 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Fiscal Implications and Anticipated Capital Improvement Projects The HCP anticipates acquisition of approximately 300 acres of Tier I lands over the twenty-year planning horizon to satisfy mitigation requirements. The HCP further estimates the management costs of Tier I lands acquired for mitigation to average approximately $1,000 per acre per year for the fIrst two or three years of management, after which time costs should decrease to ap- proximately $100/acre/year. Management of mitigation lands is therefore projected to cost ap- proximately $1.27 million over the twenty-year horizon. Further analysis of the cost is needed to confIrm the per unit cost of management for land in all Tiers and to add the projected acquisi- tion that will be needed to implement the Master Plan requirements over and above the HCP re- Environmental Protection Element 69 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 quirements. GOAL 11 Protect the quality and quantity of water In the Ifreshwater lens systems on Big Pine Key and No Name Key so as to preserve ecosystems dependant upon fresh water. Current Conditions Summary The entire habitat, wildlife assemblage and the unique character of the historic and current hu- man community in the planning area are all based on the presence of the freshwater lenses on Big Pine Key and No Name Key. The lenses exist as two major underground basins of fresh water with ground surface expression in the form of freshwater sloughs through the center of the island and numerous freshwater solution holes and ponds scattered throughout the area. Much of the freshwater slough habitat was acquired during the 1990s as part of the South Florida Wa- ter Management District's (SFWMD) Save Our Rivers (SOR) project in which the special hy- drology of the area was recognized. Ownership of all lands acquired during the SOR project have since been transferred from the SFWMD to the Florida Department of Environmental Pro- tection (FDEP) to be added to the CARL project. The county conducted a working group planning study of the lens pursuant to Comprehensive Plan requirements. Mainly as a result of that study several consumptive wells were phased out on Big Pine Key with the provision of potable water by the Florida Keys Aqueduct Authority (FKAA). Also, a monitoring system was set in place as a cooperative effort of the SFWMD and the FWS. Analysis of Community Needs Continue to Monitor the Lens. The SFWMD has installed monitoring wells throughout Big Pine Key for use by the FWS in monitoring the water quality and the surface and depth extent of the freshwater lens. A GIS map of the lens would be very useful for land use planning and design purposes. Consumptive Well Prohibition and Phase-Out. The phase-out of consumptive wells on Big Pine Key is to be a continuing management activity to be credited towards minimization of impacts on wildlife, especially the Key deer, under the HCP. Policies in the comprehensive plan specifically aimed at protection of the freshwater lens on Big Pine Key need to be reemphasized in this Master Plan. Extractive Mining Regulations. The Year 2010 Comprehensive plan restricts extractive mining opemtions to the conditions set forth on individual permits. No new operations or expansion of existing operations is permitted. All extractive operations are required to submit the following documentation to ensure the pro- tection of ground water resources: a storm water management plan, soil erosion and sedimenta- Environmental Protection Element 70 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 tion control plan, a reclamation plan, and survey information documenting excavation depth. Existing resource extraction operations are not permitted to go below sixty (60) feet in depth, effectively limiting the scope of existing operations. Recommended Strategies and Actions Strategy 11.1 Continue to regulate development activities that may impact freshwater lens systems. Action Item 11.1.1: Prohibit new consumptive wells within the planning area. Action Item 11.1.2: Identify and phase out existing consumptive-use wells and replace them with potable water supplies and cisterns. Action Item 11.1.3: Consider adoption of design standards such as minimization of impervi- ous surfaces that promote the protection and recharge of the freshwater lens system. This is especially applicable to the major southern lens underlying the u.s. 1 Corridor Area and the Community Center Overlay. Action Item 11.1.4: Prohibit new resource extraction activities and expansions of existing operations within the planning area. Continue to monitor existing operations upon review of their required annual operating permits. Strategy 11.2 Implement management activities that enhance and restore the lens. Action Item 11.2.1: Encourage the U.S. Fish and Wildlife Service to map the extent of the freshwater lens on the GIS database. Utilize this mapped overlay to coordinate land manage- ment and restoration activities conducted within the planning area. Action Item 11.2.2: Incorporate protection of the existing freshwater lens and lens-based freshwater wetlands into land management plans. Coordinate with state, federal and non- govemmenta11and managers within the planning area to encourage them to enhance and re- store the freshwater lens and freshwater wetlands through lens monitoring, restoration of freshwater slough hydrology, reduction of salt water intrusion, and improvement of freshwa- ter habitat. Environmental Protection Element 71 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 - ~ ~ ... I 0 ~ ~~ 1) COMMUNITY - CHARACTER ELEMENT ~lrL~ ' "" 0 :" . ~ Il '-~:"~ ... 1/', IF (" ~, '~. . , .. ~,J" ... . . . . .. : \, fi#It;, 06. .... ~. ',. a . .......~ o .' . <l .- '- ~()vP Community Character Element 72 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 GOAL 12 Define, maintain and enhance the community char- acter of Big Pine Key and No Name Key. Current Conditions Summary Community character was a major point of discussion and planning focus during the LCP proc- ess. DefIning the community character meant many things to LCP workshop participants in- cluding recognition of the unique natural character of the planning area, maintaining the area's rural feel and moderate pace, and enhancement of community gathering areas for conducting business, socializing and recreation. In January 2003 Momoe County proceeded with a design charrette planning process for the commercial corridor area of Big Pine Key. The charrette was a facilitated community discussion during which design concepts were developed and graphi- cally assembled at the meeting for immediate reaction. The focus of the discussion was the u.s. 1 Corridor Area and the idea of a village center was presented as a layered concept based pri- marily on walking distance to the existing commercial center of Big Pine Key. The Corridor Enhancement Plan final draft was transmitted to the Planning Department and certain elements will be adopted as a part of this Master Plan. Two major planning efforts will be conducted for corridor improvements over the next three to five years. The fIrst is the three-1aning of u.s. 1, which is expected to proceed once the inciden- tal take permit is issued. The Florida Department of Transportation (FOOT) will plan and fund that project. The second major effort is the design and development of the Florida Keys Heri- tage Trail project being conducted by the Florida Department of Environmental Protection (FDEP). This project currently has major funding in place. Analysis of Community Needs U.S. 1 and Maior Street Beautification The idea of the Main Street element introduced and evaluated during the LCP process drew some support in the community with ideas for beautification of u.s. 1 and the commercial cen- ter of the island. Circulation and ease of accessibility for the human population was integrated into the beautification element during the corridor enhancement charrette process. This should be explored further and coordinated with other agencies working in the corridor, especially in light of pending major u.s. 1 modifications such as three-1aning and the addition of the heritage trail. Commercial Building Design Guidelines There may be a need for design guidelines for new and replacement buildings. Recommenda- tions for design guidelines are included in the Corridor Enhancement Plan. Care should also be taken to ensure that design requirements do not stifle a positive redevelopment momentum. Community Character Element 73 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 The Corridor Enhancement Plan and Community Center Overlay The county has completed a Corridor Enhancement Plan for the U.S. 1 Corridor Area. Designa- tion ofa Community Center Overlay District pursuant to Policy 105.2.15 should also be consid- ered. These efforts should address some of the aspects of the Main Street Alternative considered during the LCP process and further refined during the corridor enhancement charrette process. These include focus on the main business center of Big Pine, improved pedestrian and bicycle circulation, improved vehicular traffic circulation, beautification, strategic integration of existing green space, and introduction of employee housing. The u.s. 1 Corridor Area and the Commu- nity Center Overlay will also designate boundaries for the purpose of encouraging concentration of new commercial floor area over the twenty-year horizon. J 'j. ....r .~C_. . \ ,,- ," f. ... ":.l.,,:'b:,' '-, /~-- / 0. ~[l1::1~i{;; j-~r" ~.r" ~r" d) () 11ft:. ';. '7,.-,/ . c:: '. :"~. ~.. "', .'t:i 0 -U' -~"'l () ~,,':1. .: .J', Q -Ii .. d) Q.. :'*1 :'i'f' 0 S '>:l"l',' .'. Z tIS ~_~1I.. '),0 r' en '_"'~"I'" I "too.. I tIS fi';~~ .:- .' .~ "..... . l. t . '':~i'' - " 0. t;~~;.:; '-I -. 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IlL:. d)"O .~: r:t '~;i~ ',f . a.. 00 <t:: c:: a..;.g 0- -,' '."-'0" ~..[..., "0 tIS . :.._....~ .~' ~_ ',j,'51 .- ~ , I ., .~'~ -, ,... t::: c:: "T'- '.- "gl I..: "i:.~{ , ~'-:, ~ ':,'1 8 0 n, ]"..1 . .)':lif'~t:-! ;;~r.:.~i ;~ ...... -1 .. -] ":,ll,f ~,Ii -' ~t.y ,."" ~t."" .:: 'ltt. --. ;1"1";':'--." h_. .~ ,J-', / ~1 ~,C...~. .~:il~.. ~,' ...:\ ~.o , . r~ z--,.._..u - --'I ~ en L J~~lif~~~;,:: ;~' _ tIS ~ ~ .....~ fro ! i;;1 il'~. ~..;}ih.:...__...... _,1 () c:: L;\q~I'--' ":'l~ c:: 0 0,_ u~ .~~}:)~F ", ""''- n it c:: -bO ::i;;.tf.- '1 " -.i . Vi ...,,1 ,... ....5-' I' "'''1 ' - "---.,' d) HhlJ. . UUllq;) :m1d qJ.lON e"O "., ),. " . ::3 tIS "!I' ,. j bOa.. ..'. '" ~~j lo./ \" ~tS Community Character Element 74 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Recommended Strategies and Actions Strategy 12.1 Defme the boundaries and planning priorities for the U.S. 1 Corridor Area and the Community Center Overlay. Action Item 12.1.1: Designate the US. 1 Corridor Area as the area defmed in the Big Pinel US. 1 Corridor enhancement plan, incorporated herein by reference. It is a focus of commu- nity activity due to the dominant land use pattern of commercial and other non-residential uses. A program of planning focus on this area shall be continued and accelerated. Action Item 12.1.2: Designate a Community Center Overlay on Big Pine Key pursuant to Policy 105.2.15 where Tier III lots receive incentives for redevelopment. The Community Center Overlay will cover the area described as the Village Center as defmed in the Big Pine Key/U.S. 1 Corridor Enhancement Plan. Action Item 12.1.3: Prohibit the designation of new commercia11and use districts beyond that contained in this Master Plan in order to protect the existing viability of the US. 1 Corri- dor Area and Community Center Overlay and to prevent the perpetuation of sprawl or strip commercial zoning. Action Item 12.1.4: Provide for a community meeting facility either in conjunction with li- brary facilities or as a stand-alone facility. The Community Center Overlay is the preferred location for a community meeting facility. Action Item 12.1.5: Continue to discourage tour busses within the planning area. Strategy 12.2 Develop a Corridor Enhancement Plan for the US. 1 Corridor Area. Action Item 12.2.1: Generate a Corridor Enhancement Plan, based upon the corridor en- hancement charrette process, that includes ideas for improvement of traffic and pedestrian! bicycle movement, beautification, and incorporation of parks/open space. Action Item 12.2.2: Develop design guidelines to be adopted as a part of the Land Develop- ment Regulations which shall be applied to all new development or substantial redevelop- ment within the US. 1 Corridor Area and the Community Center Overlay based on recom- mendations of the Corridor Enhancement Plan. Action Item 12.2.3: Explore the possibility of a limited access one-way local traffic enhance- ment from Ship's Way to Key Deer Boulevard as part of the Corridor Enhancement Plan. Action Item 12.2.4: Prohibit new formula retail businesses and restaurants in the planning area through the development of Land Development Regulations. Community Character Element 75 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Action Item 12.2.5: Coordinate with land owners, including the U.S. Fish and Wildlife Ser- vice, to explore opportunities for restoration and incorporation of remaining native habitat into the corridor design including purchases, removal of fences, removal of exotics, open space design, historical features and educational materials. Action Item 12.2.6: Prohibit new industrial uses on u.s. 1 within the planning area in order to enhance the community character of the U.S. 1 Corridor Area. Community Character Element 76 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 GOAL 13 Identify, protect and enhance historic resources on Big Pine and No Name Keys. Current Conditions Summary The Comprehensive Plan contains standards for designation of historic structures and districts within the county (Objective 104). The planning area contains several archeological sites and older structures that may be of local historic importance. Only one structure has been designated pursuant to the county process to date. That structure is on the eastern shoreline of Big Pine Key at the site of a former shark fishery and processing plant. There may be other structures and sites suitable for designation. The county is currently conducting an inventory of historical sites county-wide. Analysis of Community Needs Historic Resources Identification and Protection. The comprehensive plan contains policies regarding designation and protection of historic re- sources. There is a need to specifically address resources within the planning area. Many are archeological resources while a few buildings of historic value also remain. Standards are needed to protect and encourage the preservation and enhancement of these resources. Recommended Strategies and Actions Strategy 13.1 Provide for retention of remaining historic resources within the planning area through the Com- prehensive Plan process for historical designations (Objective 104). Action Item 13,1.1: Receive and review the results of the Historic Architectural Survey of Unicorporated Areas of Monroe County completed in 2003in order to identify historic and archeological resources within the planning area. Action Item 13.1.2: Continue to encourage the protection of the existing historic designated resources. Action Item 13.1.3: Consider new designation categories based on the results of the Historic Architectural Survey ofUnicorporated Areas of Monroe County completed in 2003. Strategy 13.2 Provide for protection of existing and newly discovered historic resources in accordance with Comprehensive Plan Objective 104 and related policies. Community Character Element 77 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Fiscal Implications and Anticipated Capital Improvement Projects The fiscal implications of the Community Character Element depend mainly on the [mal design and implementation strategies of the Corridor Enhancement Plan. The extent of new capital im- provements projects, if any, associated with that effort are unknown. However, two new capital projects being conducted by others in the corridor include the three-1aning of U.S. 1 by FDOT and the Florida Keys Heritage Trail project led by FDEP. Coordination with these agencies may provide an opportunity for the county to have a good portion of the Corridor Enhancement Plan funded through these two projects. Community Character Element 78 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 .... f' ~ - I 0 ~ ~~ . 6. . ~ 010 -. " " \ b . ..' ~ . . . . . , . . . <> . '. - ..J.. ECON~IC ';'. .. DEVELOPMEN 'ELEMENt' o. ' , .J ~II ' ... 0 :.. . ~ "1 .... ~. . !I' ,., J.. .~. ... . " .(,) . . . .- : . \, .~ 0,; - . G.~ . ,,3 ~ .. .....P . . , .. .- ~, C), Economic Development Element 79 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 GOAL 14 Identify and enhance economic development oppor- tunities for Big Pine Key and No Name Key that re- spond to the economic needs of the community and are compatible with the community character and the environment. Current Conditions Summary Since 1995 there has been a moratorium on all traffic generating development on Big Pine Key and No Name Key because the segment of u.s. 1 that passes through Big Pine has been found to have an inadequate level of service (concurrency has not been met). This has not only prevented residential development, but has greatly impacted commercial development on the island (as well as areas west of Big Pine). With the implementation of the HCP road improvements are scheduled to begin which are anticipated to improve the level of service beyond the planning horizon. During the LCP process the community indicated that additional commercial development should be oriented to the local community rather than the regional or tourist economy. New de- velopment should be kept at a small scale to maintain the rural and suburban character of the islands envisioned by the community. Currently, Big Pine has a mix of locally owned busi- nesses, franchises and national chain stores. Many of the businesses, such as the grocery store, the drug store, banks, and restaurants serve not only the residents of Big Pine, but also other ar- eas of the Lower Keys. With the lifting of the moratorium on traffic-generating development, there is now an opportu- nity for existing businesses to expand and redevelop and for new buildings to be constructed, promoting an economic benefit to the community. However, there are many needs that have to be addressed in order to promote positive economic redevelopment on Big Pine. Most busi- nesses have frontage on U.S. 1, but some are set back so that access is difficult and signage is not always visible. Many areas of the roadway need maintenance, parking enforcement, and stormwater management techniques installed. The corridor enhancement plan has identified guidelines for improving the look of the corridor including addressing building design features and recommendations for improved signage as well as alternative access ways to make it easier to move between business sites. Currently there are many opportunities within the corridor for individual businesses to expand and redeveloped if they so desire. There are numerous scarified sites that are either vacant or the buildings are under utilized. Employee housing is currently very limited and could be located on commercial properties which would then gain a density bonus for expansion of the commercial use. Economic Development Element 80 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Analysis of Community Needs Retain Economic Viability Because business development and redevelopment will be closely controlled by the limits within the HCP and Master Plan there is a need to ensure the economic viability of current businesses, community organizations, commercial structures and projected future businesses relative to po- tential regulatory impacts. Encourage Positive Redevelopment A major component of ensuring economic viability is the need to encourage positive redevelop- ment of existing businesses and community organizations. Current impediments to redevelop- ment on Big Pine Key should be examined and strategies formulated to streamline the process and provide appropriate incentives. Recommended Strategies and Actions Strategy 14.1 Maintain and enhance economic activity and opportunity within the u.s. 1 Corridor Area. Action Item 14.1.1: Inventory and analyze the characteristics of existing commercial uses within the corridor. Examine commercial uses for expansion potential in order to project the likely rates and amounts of commercial to be added over the planning horizon. This will help evaluate whether the H budgeted for commercial development is likely to be needed or used. Include traffic generation projections in the analysis. Action Item 14.1.2: Use the results of the county-wide economic study to assist in determin- ing future commercial use trends and needs into the twenty-year planning horizon. This in- formation may be used to identify ways to retain the marketability of existing business uses and commercial structures within the u.s. 1 Corridor Area. Action Item 14.1.3: Create a new land use district category called Light Industrial (Ll) for the purpose of more appropriate defInition and accommodation of existing light industrial uses on Big Pine Key. The Light Industrial category may be considered for parcels within the FLUM category, Mixed Use/Commercial (Me) that do not border u.s. 1 and are currently occupied by light industrial uses such as, but not limited to construction material and lumber yards, outdoor and/or enclosed storage, warehouses and distribution centers, auto and marine servIces. Strategy 14.2 Encourage positive redevelopment of non-residential development within the planning area. Action Item 14.2.1: Examine and revise the existing regulations regarding nonconforming uses and structures in consideration of projected commercial patterns over the twenty-year horizon, the recommendations of the Corridor Enhancement Plan features, and consistency with the community vision and the HCP. Economic Development Element 81 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Action Item 14.2.2: Allow increased allocation of floor area within the designated Commu- nity Center Overlay pursuant to the limits outlined in NROGO and encourage transfer of commercial floor area from within the planning area to the Community Center Overlay. Action Item 14.2.3: Only require new design guidelines for new development, the replace- ment of an existing building or if 2,500 square feet is added. Ensure that new commercial design guidelines do not create a burden on existing businesses with potential for redevelop- ment. Action Item 14.2.4: Provide incentives to business to provide minor beautification elements to existing properties. Minor elements are those which are not classified as replacement of additions of 2,500 square feet or greater, and could include but are not limited to additional landscaping, building fayade improvements, and pedestrian-friendly additions. Action Item 14.2.5: Explore ways of easing some fmancia1 burden of redevelopment such as county or state funding of landscaping within the Corridor Area as an alternative to business owners bearing the entire cost. Economic Development Element 82 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 .... ~ ~ -- , 0 ~ ~~ ~- . 0 I 0 -. .- \ bJ ~ fo' ~ . , . . . , . . . ~ . .-1.. " TRAFFIC AND ~ \ . .. . TRANSPORTATI_N ELEMEMTo. '~Ift~ ' ... 0 ~~ . I "l "~:., A </- ~<'_. ., . -~ - . J... ... . " ". ,.}j . - .. ; . \, .A;! ~. ... . . G~' J .... .pIP o. . . .. .' " ~o~ Traffic and Transportation Element 83 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 GOAL 15 Provide a safe, convenient, efficient and environ- mentally compatible motorized and non-motorized transportation system for the movement of people and goods on Big Pine Key and No Name Key. Current Conditions Summary Included in the final preferred alternative that was modeled in the HCP process was a plan for widening u.s. 1 to three lanes within the business segment of Big Pine Key and also a plan for future local road development including: - Consideration of one-way access from the west side of the island to Key Deer Boulevard (north of u.s. 1). This was originally modeled in the HCP as the cross-island road im- provement but after further consideration the county decided not to proceed with this project. - Widening of the following existing roads by a total of 15 feet to accommodate the instal- lation or upgrading of bicycle paths: Watson Boulevard, Newfound Harbor Road, Key Deer Boulevard, and Wilder Road. - Widening of all other existing local roads by 5 feet, when necessary, to accommodate the installation of bicycle paths, stormwater infrastructure and/or sanitary sewer infrastruc- ture. Some habitat alteration was modeled for road widening but no alteration may take place within habitat areas of the Lower Keys marsh rabbit such as areas adjacent to portions of Watson Boulevard. It should be noted that, like capital facilities planning, the county's planning horizon for local roads is fairly short, at seven years, when compared to the Master Plan horizon. Al- though Monroe County does not currently anticipate widening all local roads, or even a large proportion of them, the ability to do so was built in primarily to maintain flexibility in meeting future public facilities needs, including sewer and stormwater collection systems and water dis- tribution systems. The HCP commits to design coordination on future maintenance of roads in order to incorporate standards that will help reduce vehicular-deer collisions. The county has already incorporated the design standards into recent repaving projects. Analysis of Community Needs Three-Laning of U. S. 1 There is a need for the county to closely and continually coordinate with and assist FDOT on design and implementation of future u.s. 1 three-laning. Traffic and Transportation Element 84 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Local Roads There is a need to develop and implement a local road and bike path improvement/maintenance program with appropriate design controls and traffic/roadside management in coordination with FWS. The county's current seven-year road plan serves as the basis for this program. Ana1vsis of Local Traffic Movement A two-way, cross-island roadway has been rejected as a means of addressing local traffic move- ment within the u.s. 1 Corridor Area north of U.S. 1 and west of Key Deer Boulevard. Further consideration of local traffic circulation improvements should be part of the Corridor Enhance- ment Plan process. Recommended Strategies and Actions Strategy 15.1 Maintain close coordination with FDOT on the three-lane plan for u.s. 1 in order to provide ap- propriate county support where needed, to ensure consistency with the Corridor Enhancement Plan and to ensure compliance with the anticipated ITP /HCP requirements. Strategy 15.2 Ensure that the seven-year local roadlbike path maintenance and improvement program is con- sistent with the anticipated ITP/HCP and this Master Plan on an annual basis. Action Item 15.2.1: Map all local roads on the GIS database and characterize by ownership, pavement status, and other features. Action Item 15.2.2: Coordinate with the U.s. Fish and Wildlife Service to identify design and roadside management techniques, including the appropriate location for their use, aimed at increasing human safety and decreasing wildlife impacts. The feature designs shall be in- tegrated into the seven-year road plan where appropriate. Action Item 15.2.3: Evaluate the need for traffic calming elements, both on u.s. 1 and county roads where increased development may warrant such elements for safety purposes. Action Item 15.2.4: Limit new paving to roads or portions of roads that serve Tier III proper- ties or public facilities. Action Item 15.2.5: Permit maintenance of private easements in their existing footprint and elevation. Action Item 15.2.6: Permit the minimum necessary road widening within existing rights-of- way to accommodate the following: a. bike paths and/or sidewalks. b. public facilities including sewage collection systems, stormwater collection and treat- ment systems, water distribution systems and other utilities. Traffic and Transportation Element 85 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Fiscal Implications and Anticipated Capital Improvement Projects The county's seven-year road plan existed prior to and separate from this Master Plan. The county's planned roadway improvements were modeled in the HCP and included in this Master Plan. The only additional fiscal impacts introduced by that process are associated with the addi- tion of wildlife management design and construction aspects to already existing road mainte- nance and widening plans. It is estimated that these management items (e.g., speed bumps, signs, etc.) add a small amount to the cost of road maintenance on average. The projected capi- tal cost of the current seven-year road plan is $1.5 million. Therefore, we can assume that the HCP/Master Plan requirements will add only a small amount to that cost for at least the next seven years. There are no other new fiscal impacts or capital costs to Monroe County intro- duced by the Traffic and Transportation Element. Traffic and Transportation Element 86 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 ~, 1;f1 \..\"ab\e COmmUn\l(eys \>.tOgtatr'l " ,.\ Big Pine Key and No Name Key I f Residential and Major Roads ~ .,:1\ Q ~ 0 ,c- ~ ~~,>.,.';;-, {\ ..' "',;/.. ~ ~ ~:." <7 ,.~ . ." \ ' - <:;, .... (~~ 'l~~ \.~ , -r;=?I~ + ---~ Legend G Monroe Cou"" .,' Planning and Environmental . Mile Marker - Residential Roads . Resources Department CJ Parcels - Key Deer Blvd. 1bu D:UIp ic tw hlolllOC Coum., (Uowtb ~cmCDt Diwicioa JNIPfleI oaJJ. n... data eooIlUlcdbcrcia Icdlumatnoe tal,. cwI may aot accuald, -U.S.1 dttinbouucWier puttlJ.roadJ.n.Plct'"1l tAidnlri6~icformahOCl Figure 6.1 Platted residential and major roadways on Big Pine Key and No Name Key. Traffic and Transportation Element 87 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 .... ~ ~ - , 0 ~ ~~ i'o ~ COMMUNITY P41tTICIPAP. . ELEMENT - ~llL-: ... ... 0 :" . ~ "1 '''~:,., .... 1/'. *' ,., ~" .~. . ,. "t}) , ... . . . ." ; \, ~: \. ..; . . J G ,...., 1...... fP o ..; . . . .' " '. ~ovP Community Participation Element 88 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 GOAL 16 Encourage community involvement in implementing and monitoring the Livable CommuniKeys Program (LCP) Master Plan Current Conditions Summary The community has demonstrated their interest in planning for the future of Big Pine Key and No Name Key by attending workshops, community meetings and sending letters to the planning department concerning what they hoped to achieve in this planning process. Continuous commu- nity feedback has allowed staff to gain an understanding of the needs and desires of the commu- nity. The community interest has kept the project on tract moving forward toward the Vision. Four Livable CommuniKeys newsletters were written and distributed to all residents of the com- munity and to property owners who may live in a different location. The newsletters were an outreach effort to the community, as a whole, to assure that everyone had an opportunity to be- come informed about the issues being addressed in both the LCP Master Plan and the Habitat Conservation Plan (HCP). Each of the three LCP workshops was well attended by sometimes more than 100 residents. Policy 101.20.1 of the 2010 Comprehensive Plan directs that the LCP Master Plans be devel- oped following certain principles. Principle number Two states that the community master plans will include "a monitoring mechanism to provide accountability to the communities." Principle number Five directs that "each Community Master Plan will include mechanisms allowing citi- zens continued oversight and involvement in the implementation of their plans. Through the Community Master Plans, programs for ongoing public involvement, outreach, and education will be developed." Analysis of Community Needs Continuing Community Involvement Mechanisms need to be developed to assure that the citizens of this planning area are kept in- formed and have an opportunity for meaningful comment on plan implementation, at a minimum including the H budget, community facilities, u.s. 1 expansion and progress on the corridor en- hancement plan. Recommended Strategies and Actions Strategy 16.1 Provide updates to the community on all aspects of plan implementation and the status of public projects on Big Pine Key and No Name Key. Community Participation Element 89 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Action Item 16.1.1: Work closely with the County communications office to distribute infor- mation through press releases and the Monroe County web site. Action Item 16.1.2: Continue to provide speakers to civic and service organizations to dis- cuss LCP Master Plan issues. Action Item 16.1.3: Publish and distribute a public newsletter on a periodic basis to provide community awareness and update on the progress. Strategy 16.2 Provide opportunities for public review of the annual development and acquisition report re- quired in the HCP and Strategy 1.5. Action item 16.2.1 Present the report annually in a public meeting before the Planning Com- mission including the evaluation and demonstration of compliance with the total allowable H and the H of conservation parcels acquired for the purpose of mitigating H developed. Action Item 16.2.2: Place the annual Report on the County web page and in the Public Li- brary on Big Pine Key. Strategy 16.3 Establish a Big Pine Key Corridor Area Enhancement Committee to advise the Planning Com- mission on project proposals within the identified corridor. Action Item 16.3.1: Appoint five to seven Committee members to include representatives from the business community, the general citizenry, and design professionals to serve as vol- unteers reviewing and commenting on plans for projects and improvements along the corri- dor. Action Item 16.3.2: Specify procedures for Committee review of development and redevel- opment proposals concerning conformance to the Architectural Guidelines in the Big Pine Key/US 1 Corridor Enhancement Plan. Action Item 16.3.3: Hold all meetings of the Committee in a public format and advertise the date and agenda following the Florida "Sunshine" Law requirements. Action Item 16.3.4: Support the Committee by having the planning department provide tech- nical and secretarial staffing, mailings, advertising, and preparation of Committee reports. Community Participation Element 90 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 .... I' ~ "- I 0 ~ ~~ . ~ CAPITA4..COSTS - SUMMAlf.Y . . ~Irt_~~. :" ' . .": Il 0 ,,. ~ ,.<1 .. !IF ' J" ( , -. .. · r"" . o. . .' . ....... .' .' . \, \. 0,,; .#If;[ . . Q.~ . J . ....,.~ . . c .- , ~o~ Capital Costs Summary 91 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 Capital Costs Summary Table 7.1 below lists the estimated costs of the major capital improvements that are called for in the plan. Not every suggested project is included in this list (e.g. public offices or neighborhood parks) because many are undefined at this time and it is not possible to determine what costs may be involved. The seven year roadway improvements plan only extends to the year 2006. After this date the new cost estimates will have to be included to achieve a more accurate total cost over the planning horizon. Estimates were gathered from various sources including: . The Monroe County Sanitary Wastewater Master Plan . The Monroe County Seven Year Roadway/Bicycle Path Plan . The Florida Keys Overseas Heritage Trail Master Plan . The Monroe County Capital Projects Plan . The Monroe County Annual Budget Table 7.1 Estimated cost of capital improvements Project Cost Source of Funds lJ:;ire Station Redevelopment $ 2,400,000 Infrastructure tax lCommunity Park Development $ 3,500,000 nfrastructure tax lRoadway/Bike Path (including stormwater management) $ 1,557,170 mpact Fees IOverseas Heritage Trail (including landscaping) $ 1,485,000 FDOT/DEP/National Park Service lWastewater Treatment Facilities $ 35,550,000 Sources outlined in SWMP Total Cost of Capital Improvements $ 44,492,170 Table 7.1 also identifies the sources of the funding for each of the projects. Both the fire station and the community park development have been allocated funding in the year 2003 and are pro- jects which have already begun. The roadway improvements only pertain to county maintained roads and bike paths and are funded through impact fees. The proposed widening of U.S. 1 will be done by FDOT, which has already allocated funding for the design of the project. Funding sources have not been identified for the improvements to this section of the Overseas Heritage Trail, however the DEP is actively seeking sources at this time. The Monroe County Sanitary Wastewater Master Plan outlines a number of sources for use in funding wastewater facilities including user fees and charges, bonds and loans, grants, financial assistance for low income in- dividuals, and assessment fees. Some areas of Big Pine have been determined to be 'hot spots' and are ranked as 4th, 5th, 8th, and 9th in terms of priority in the Lower Keys. These 'hot spots' will be addressed after the current wastewater projects are underway and funding sources will be pursued at that time. Capital Costs Summary 92 Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004 The table below estimates of the cost of reaching the 3 to 1 mitigation factor required by the HCP. Table 7.2 Estimated cost of3 to 1 mitigation IEstimated land value (based on average cost) $ 6,185,000 ~ual management costs: $1,000 per acre for the first three years $ 810,000 ~ual management costs: $100 per acre after the first three years $ 459,000 bO year monitoring ($5,000 per year) $ 100,000 Total cost over 20 years $ 7,554,000 :Source: Habitat Conservation Plan for Florida Key Deer Mitigation costs will be shared by the county, the state, and the federal government. Much of Big Pine and No Name are included in the state's CARL program. When lands within the CARL boundary are acquired, the county can apply to the state for reimbursement for monies spent on acquisition. Additionally, all of Big Pine and No Name are within the National Key Deer Refuge and lands acquired which have significant value to the endangered species may be turned over to the US Fish and Wildlife Service for management purposes, reducing the overall management cost to the county. Both the capital costs and the mitigation would cost an estimated $52,046,170 over the twenty year period. If purchase of all private, vacant Tier I lands were necessary, a preliminary estimate in 2002 in- dicates the assessed value of these lands would be approximately $16 million. Purchase price is typically higher then the assessed value, therefore a higher number could be expected. Capital Costs Summary 93 RESOLUTION NO. 006-2009 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE FLORIDA DEPARTMENT OF COMMUNITY AFF AIRS AN ORDINANCE AMENDING THE MONROE COUNTY YEAR 201 0 COMPREHENSIVE PLAN, TO REVISE SECTIONS OF THE LlV ABLE COMMUNIKEYS MASTER PLAN FOR BIG PINE KEY AND NO NAME KEY; CLARIFYING SECTIONS INCONSISTENT WITH THE HABITAT CONSERVATION PLAN, INCIDENTIAL TAKE PERMIT, AND MONROE COUNTY CODE. WHEREAS, the Monroe County Board of County Commissioners held a public hearing for the purpose of considering the transmittal to the Florida Department of Community Affairs for review and comment of proposed amendments to the Monroe County Year 2010 Comprehensive Plan, amending the Livable CommunitKeys Master Plan for Bifg Pine Key and No Name Key to be consistent with the Habitat Conservation Plan, Incidential Take Permit, and Monroe County Code; and WHEREAS, the Monroe County Planning Commission and the Monroe County Board of County Commissioners support the requested polcy changes; NOW THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Seetion 1: The Board of County Commissioners does hereby adopt the recommendation of the Planning Commission to transmit the ordinance for adoption of the proposed amendment. Section 2: The Board of County Commissioners does hereby transmit the proposed amendment as part of the first (1st) set of comprehensive plan amendments for 2009 to the Florida Department of Community Affairs for review and comment in accordance with the provisions ofF. S. Sec. 163.3184; and Section 3. The Monroe County staff is given authority to prepare and submit the required transmittal letter and supporting documents for the proposed amendment in accordance with the requirements of9J-ll.006 of the Florida Administrative Code; and Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this resolution to the Director of Planning. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting held on the 26th day of January A.D., 2009. Mayor George Neugent Yea Mayor Pro Tern Sylvia Murphy Yes Commissioner Kim Wigington Yes Commissioner Heather Carruthers Yes Commissioner Mario Di Gennaro Yes BOARD OF COUNTY COMMISSIONERS OF >-='"'''' MONROE COUN'2"~:LORID: 4:~'ir. BY fiI-~ ~ 'o>--,~ j~~. o~~~ ..v ~~~::" Mayor George Neugent ,n'~'iJlg~'f-i~&~~, ", c ,.!,;.. ; l~"'. )"_;J~ :1;1 ;:~ .~\:}g ':1 .~ .". ~ '."J i , .... ";)-::":.=."'" (';::=""-~ }'..'..' . .\. .'-~-"" ~".... '':' . i",~~ .t~~f.. \3-:~ .. .:-' ".ATTEST: DANNY L. KOLHAGE, CLERK G~ DEPUTY LERK C:l <::: C::: . o ...J. /., u..:; G~ 1.1-/ ~.",:,", '-.:: ;r: :J.::I--" --.- r Q..: ;:::;,: '-> 2': - - ~.: Cl::) : -: ~.:";' C\J . ....:: r-. !i;' ~ .r~:/t .......... ~ ..._,.....r- t.:... c:::., ~. . <::::l ..... , c-.;j .:.