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Item Q1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY o .1:),..- C\. Meeting Date: January 16, 2002 Division: Growth Management Bulk Item: Yes No X Department: Planning AGENDA ITEM WORDING: A public hearing to consider a Department of Community Affairs transmittal resolution to fulfill the request by the department of Planning and Environmental Resources to amend the Year 2010 Comprehensive Plan by adding Goal 105 and Objectives 105.1-105.3 to establish a Smart Growth Mechanism to direct future growth to infill areas, expand future land acquisition areas, expand areas appropriate for transfer of development rights, and recommend modification to the permit allocation system. ITEM BACKGROUND: The Planning Department, in response to discussions with the Board of County Commissioners concerning Commissioner Williams' 20-year plan has developed this amendment to the Monroe County 2010 Comprehensive Plan. In addition, Staff is anticipating and planning for development in a predictable manner, which is consistent with the carrying capacity of the Keys, conserving the unique environmental resources, and preserving the distinctive communities found within the Florida Keys. The Planning Commission recommended approval on December 12, 2001. PREVIOUS REVELANT BOCC ACTION: NONE CONTRL\CT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOT AL COST: N/A nUDGETED: Yes No COST TO COUNTY: N/A REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year DIVISION DIRECTOR APPROVAL: Risk Management N/A APPROVED BY: County Atty ~ DOCUMENTATION: Included X To Follow X Not Required_ DISPOSITION: AGENDA ITEM # /-- t? / Revised 2/27/01 YEAR 2010 COMPREHENSIVE PLAN TEXT AMENDMENT GOAL 105 OBJECTIVES 105.1-105.3 BOARD OF COUNTY COMMISSIONERS MARATHON EOC JANUARY 16,2002 PROPOSED YEAR 2010 COMPREHENSIVE PLAN TEXT AMENDMENT GOAL 105, OBJECTIVES 105.1 THROUGH 105.3 Smart Growth The proposed text amendment includes, but is not limited to the following: . Creating a proactive development plan which considers the carrying capacity of the Keys . Establishing a 20 year land acquisition program . Organizing the acquisition areas into a tier system which prioritizes acquisition according to level of sensitivity . Changing the land acquisition process to prioritize the environmentally sensitive areas found within platted subdivisions and retire or transfer development rights of those acquired lands . Requiring the creation of overlay map showing acquisition tiers at the parcel level in conjunction with the Livable CommuniKeys program . Directing development to infill areas, where appropriate . Creating community centers for inclusion in the Livable CommuniKeys program . Creating design guidelines to address retention of community character RECOMMENDATIONS Staff: Approval September 19,2001 Staff Report DRC: Approval October 16, 2001 Resolution #D 18-0 1 PC: Approval December 12, 200 I Resolution #P85-01 RESOLUTION NO. -2001 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY FLORIDA, TRANSMITTING TO THE DEP ARTMENT OF COMMUNITY AFFAIRS THE REQUEST FILED BY THE PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN TO INCLUDE A SMART GROWTH ELEMENT CONSISTING OF NEW GOAL 105 AND SUBSEQUENT OBJECTIVES AND POLICIES. WHEREAS, the Monroe County Board of County Commissioners held a public hearing for the purposes of considering the transmittal to the Florida Department of Community Affairs, for review and comment, of a proposed amendment to the Monroe County Year 2010 Comprehensive Plan adding a Smart Growth Element consisting of Goal 105 and subsequent objectives and policies; and WHEREAS, the Planning Commission and the Monroe County Board of County Commissioners support the requested Monroe County Year 2010 Comprehensive Plan amendment; and NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA: Section 1. The Boarcl of County Commissioners does hereby adopt the recommendation of the Planning Commission pursuant to the attached draft ordinance (marked as EXHIBIT 1) for adoption of the Monroe County Year 2010 Comprehensive Plan; and Section 2. The Board of County Commissioners does hereby transmit the proposed amendment as part of the first (151) set of Comprehensive Plan amendments for 2002 to the Florida Department of Community Affairs for review and comment in accordance with the provisions ofSec~ions 163.3184 and 380.0552, Florida Statutes; 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 requirement of 9J-ll.006 of the Florida Administrative Code; and Page 1 of2 12/17/01 Initials Section 4. The Clerk of the Board is hereby directed to forward copy of this resolution to the Director of Planning and Environmental Resources. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 16th day of January, 2002. Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent Commissioner Nora Williams BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor Charles "Sonny" McCoy (SEAL) ATTEST: Danny Kolhage, Clerk By: Deputy Clerk Page 2 of2 12/17/01 Initials DRAFT BOCC ORDINANCE EXHIBIT 1 ORDINANCE NO. -2001 AN ORDINANCE AMENDING THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN BY ADDING GOAL 105 AND OBJECTIVES 105.1 THROUGH 105.3 TO ESTABLISH A SMART GROWTH MECHANISM TO DIRECT FUTURE GROWTH TO INFILL AREAS, EXPAND FUTURE LAND ACQUISITION AREAS, EXPAND AREAS APPROPRIATE FOR TRANSFER OF DEVELOPMENT RIGHTS, AND MODIFY THE PERMIT ALLOCATION SYSTEM. WHEREAS, The Monroe County Year 2010 Comprehensive Plan was enacted on January 4, 1996; and WHEREAS, Objective 101.11 of Monroe County Year 2010 Comprehensive Plan states: "Monroe County shall implement measures to direct growth away from environmentally sensitive land and towards established development areas served by existing public facilities [9J-5.006(3)(b)4 and 7]"; and WHEREAS, Goal 102 of the Monroe County Year 2010 Comprehensive Plan states: "Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. [9J-5.006(3)(a)]"; and WHEREAS, Objective 102.9 of the Monroe County Year 2010 Comprehensive Plan states: "By January 4, 1998, Monroe County shall complete and implement a cooperative land management program for private and county-owned lands located within and adjacent to parks and conservation lands which are owned by the state and federal governments in the Florida Keys. [9J-5.006(3)(b)4]"; and WHEREAS, the Monroe County Planning Department ha~ recommended the addition of Goal 105 and Objectives 105.1 through 105.3 to the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the Development Review Committee on October 16,2001 reviewed the proposed text and recommended approval of the proposed text; and WHEREAS, during regular meetings held on l'~ovember 7, 2001, November 28, 2001, and December 12, 2001 the Monroe County Planning Commission conducted public hearings on the proposed text; and recommended approval of the proposed text; and Page 1 of9 Initials 12/17/01 WHEREAS, The Board of County Commissioners was presented with the following information, which by reference is hereby incorporated as part of the record of said hearing; 1. The staff report prepared on October 18,2001 by K. Marlene Conaway, Director, Planning and Environmental Resources. 2. Proposed changes to Monroe County Year 2010 Comprehensive Plan. 3. The sworn testimony of the Growth Management Staff. 4. Comments by the public; and WHEREAS, the Monroe County Board of County Commissioners examined the proposed amendments to the Monroe County Code submitted by the Monroe County Planning Department; and WHEREAS, the Monroe County Board of County Commissioners hereby supports the decision of the Monroe County Planning Commission and the staff of the Monroe County Planning Department; and WHEREAS, it is the desire of the Monroe County Board of County Commissioners that the following amendment to the County Code be approved, adopted and transmitted to the state land planning agency for approval; NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. following: Year 2010 Comprehensive Plan is hereby amended to include the GOAL 105 Monroe County shall undertake a comprehensive land acquisition program and smart growth initiatives in conjunction with its Livable CommuniKeys Program in a manner that recognizes the finite capacity for new development in the Florida Keys by providing economic and housing opportunities for residents without compromising the biodiversity of the natural environment and the continued ability of the natural and made-made systems to sustain livable communities in the Florida Keys for future generations. Objective 105.1 Monroe County shall implement smart growth initiatives in conjunction with its Livable CommuniKeys and Land Acquisition Programs which promote innovative and flexible development processes to preserve the natural environment, maintain and enhance the community character and quality of life, Page 2 of9 Initials 12/17/01 redevelop blighted commercial and residential areas, remove barriers to design concepts, reduce sprawl, and direct future growth to appropriate infill areas. Policy 105.1.1 Monroe County shall create an economic development framework for a sustainable visitor-based economy, not dependent on growth in the absolute numbers of tourists, that respects the unique character and outdoor recreational opportunities available in the Florida Keys. Policy 105.1.2 Monroe County shall prepare design guidelines to ensure that future uses and development are compatible with scenic preservation and maintenance of the character of the casual island village atmosphere of the Florida Keys. Policy 105.1.3 Monroe County shall prepare development standards and amend the Land Development Regulations to limit non-residential allocations for new floor space on anyone site to foster the retention and redevelopment of small businesses on the US # 1. Policy 105.1.4 Monroe County shall prepare redevelopment standards and amend the Land Development Regulations to address the large number of non- conforming commercial structures that are non-compliant as to on-site parking, construction and shoreline setbacks, stormwater management, landscaping and buffers. By identifying the existing character and constraints of the different island communities, regulations can be adopted that provide incentives for redevelopment and permit the continuance of businesses while moving towards an integrated streetscape. Policy 105.1.5 Monroe County shall prepare amendments to this Plan and its Land Development Regulations that comprehensively revise the existing residential permit allocation system to direct the preponderance of future residential development to areas designated as an overlay on the zoning map(s) as Infill (Tier III) in accordance with Policy 105.2.2. Policy 105.1.6 Monroe County shall prepare amendments to this Plan and its Land Development Regulations that comprehensively revise the existing non- residential permit allocation system in a manner that implements Policies 105.2.1 and 105.2.15 and is consistent with and furthers this Plan. Page 3 of9 Initials 12/17/01 ~,.,'- J.es~ d~ ~ Objective 105.2 Monroe County shall implement with assistance of the state and federal governments a 20-year Land Acquisition Program to: 1) secure for conservation and passive recreation purposes remaining privately-owned environmentally sensitive lands; 2) retire development rights on privately-owned vacant lands to limit further sprawl and equitably balance the rights of property owners with the long-term sustainability of the Keys man-made and natural systems; and, 3) secure and retain lands suitable for affordable housing. This objective recognizes the finite limits of the carrying capacity of the natural and man-made systems in the Florida Keys to continually accommodate further development and the need for the significant expansion of the public acquisition of vacant developable lands and development rights to equitably balance the rights and expectations of property owners. ~ ~toP _ ~r aM ~{.1 J~ 1: (' (~6. Sl~ ..~g . ~ L ~ rf .ev-I~r ..(A(~T() 2. 12/17/01 Policy 105.2.1 Monroe County shall designate all lands outside of mainland Monroe County into three general categories for purposes of its Land Acquisition Program and smart growth initiatives. These three categories are: Natural Area (Tier 1); Transition and Sprawl Reduction Area (Tier II); and Infill Area (Tier III). 1. Natural Area (Tier I): Any defined geographic area where all or a significant portion of the land area is characterized as environmentally sensitive by the policies of this Plan and applicable habitat conservation pl~~js ~), ~ipateJJJ!s% Natural Area. New developmentlls.rd De severely re~ti1ctea and privately owned vacant lands are to be acquired or development rights retired for resource conservation and passive recreation purpose~ Within the Natural Area designation are typically found lands within the acquisition boundaries of federal and state resource conservation and park areas, including isolated platted subdivisions; and privately-owned vacant lands with sensitive environmental features outside these acquisition areas. Transition and Sprawl Reduction Area (Tier II): Any defined geographic area, where scattered groups and fragments of environmentally sensitive lands, as defined by this Plan, may be found and where existing platted subdivisions are not predominately developed, not served by complete infrastructure facilities, or not within close proximity to established commercial areas, is to be designated as a Transition and Sprawl Reduction Area. New development is to be discouraged and privately owned vacant lands acquired or development rights retired to reduce sprawl, ensure that the Keys carrying capacity is not exceeded, and prevent further encroachment on sensitive natural resources. Page 4 of9 Initials f !" " 12/17/01 Within a Transition and Sprawl Reduction Area are typically found: scattered small non-residential development and platted subdivisions with less than 50 percent of the lots developed; incomplete infrastructure in terms of paved roads, potable water, or electricity; and scattered clusters of environmentally sensitive lands, some of which are within or in close proximity to existing platted subdivisions. ,,. 3. Infill Area (Tier III): Any defined geogtaphic area, where a significant portion of land area is not characterized as environmentally sensitive as defineg by this Plan, where existing platted subdivisions are substantially developed, served by complete infrastructure facilitie~ and within close proximity to ~ establishe~ commercial areas, or where a concentration of non- residential uses exists, is to be designated as an Infill Area. New development and redevelopment are to be highly encouraged. ~.. Within an Infill Area are typicallyJoun<f: platted subdivisions with 50 percent or more developed lots situated in areas with few ~ensitive environmental f~atures; full range of available public ~, infrastructure in terms of paved roads, potable water, and o electricity; and concentrations of commercial and other non- residential uses within close proximity. In some Infill Areas, a mix of non-residential and high-density residential uses (generally 8 units or more per acre) may also be found that form a Community Center. .. Policy 105.2.2 Monroe County shall prepare an overlay map(s) designating geographic areas of the County as one of the three Tiers in accordance with the guidance in Policy 105.2.1, which shall be incorporated as an overlay on the zoning map(s) with supporting text amendments in the Land Development Regulations. These maps are to be used to guide the Land Acquisition Program and the smart growth initiatives in conjunction with the Livable CommuniKeys Program (Policy 101.20.1). Policy 105.2.3 The priority for acquisition of lands and development rights under the County's Land Acquisition Program shall be as follows: Tier I (Natural Area)-first priority; Tier II (Transition and Sprawl Reduction Area)- second priority; and Tier III (Infill Area)- third priority, except acquisition of land for affordable housing shall also be a first priority. These acquisition priorities shall be applied consistent with the Policy 105.2.10 that directs the focus of the County's acquisition efforts to the acquisition or retirement of development rights of privately owned vacant latted subdivision lots within Tiers I and II. Page 5 of9 Initials fJ rST. ~ (~4 w/~ v-J) j;;" ~ ~~ r;v'I.~i~(~ r/WI.(} v~ l~,^d5j- ~ v -r..e..-i 'I 12/17/01 Policy 105.2.4 Monroe County shall prepare a specific data base tied to its Geographic Information System, containing information needed to implement, monitor, and evaluate its Land Acquisition Program, smart growth initiatives, and Livable CommuniKeys Program. Policy 105.2.5 Monroe County shall, in coordination with federal and state agencies, implement a land acquisition program to acquire all remaining privately- owned vacant lands within areas designated as a Natural Area (Tier I). Policy 105.2.6 Monroe County shall implement a land acquisition program to acquire most privately owned vacant private lands within areas designated as a Transition and Sprawl Reduction Area (Tier II). Policy 105.2.7 Monroe County shall implement a limited land acquisition program to acquire privately owned vacant lands with sensitive environmental features for conservation purposes and scarified properties for affordable housing within areas designated as an Infill Area (Tier III). Policy 105.2.8 The preferred method for acquisition of environmentally sensitive privately owned vacant non-platted lands shall be fee simple purchase, donation, or dedication or the retirement of development rights through transfer of development rights or similar mechanisms. Policy 105.2.9 The preferred method for acquisition of vacant platted lots shall be fee simple purchase, donation, or dedication or the retirement of development rights thorough transfer of development rights or similar mechanisms; however, wherever appropriate, platted lots may be purchased in partnership with adjoining property owner(s) subject to a conservation easement that may allow limited accessory residential uses. Policy 105.2.10 In terms of effort, Monroe County shall primarily focus its Land Acquisition Program on the acquisition or retirement of development rights of vacant privately-owned platted lots within Tier I and Tier II and the acquisition of scarified and disturbed lands for affordable housing within Tier III. This policy recognizes the critical need for the County to aggressively address the imbalance between development expectations of private property owners and the finite carrying capacity of the natural and man-made systems in the Florida Keys. Page 6 of9 Initials 12/17/01 Policy 105.2.11 Monroe County shall petition the federal and state governments to aggressively pursue the acquisition of all remaining privately-owned vacant lands within their park and conservation acquisition boundaries and to expand existing acquisition boundaries to include other lands in close proximity with similar environmentally sensitive features. Policy 105.2.12 With respect to the relief granted pursuant to Policy 106.1 (Administrative Relief) or Policy 101.18.5 (Beneficial Use), a purchase offer shall be the preferred form of relief for any land within Tier I and Tier II, or any land within Tier III having conservation value in accordance with the criteria in Policy 101.6.5. Policy 105.2.13 In implementing this Land Acquisition Program, Monroe County is only committed or financially obligated to the extent that local, state, and federal funds are available. Policy 105.2.14 Monroe County shall identify and secure possible local sources to yield a steady source of funds and secure increased funding from state and federal, and/or private sources for the Land Acquisition Program and the management and restoration of acquired resource conservation lands. With the uncertainty concerning the County's ability to successfully secure sufficient funding from state and federal governments for their fair share of the financial support for the Land Acquisition Program and the demands placed on the County's limited financial resources to address wastewater and other critical issues, it is recognized that the Land Acquisition Program may extend well beyond 20 years. Policy 105.2.15 Where appropriate, as part of the Livable CommuniKeys Planning Process, Community Centers shall be designated within areas designated as Tier III (Infill Area). A Community Center is characterized as a defined geographic area with a mix of retail, personal service, office and tourist and residential uses (generally of greater than 8 units per acre). Community Centers shall be designated as receiving areas for transfer of development rights and shall receive special incentives in the non- residential permit allocation system. Page 7 of9 Initials Objective 105.3 Monroe County shall implement its 20- Year Land Acquisition Program and smart growth initiatives in conjunction with its Livable CommuniKeys Program and shall make appropriate amendments to this Plan and the Land Development Regulations including, but not necessarily limited to the residential and non- residential permit allocation systems. 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 by the Planning Department to the Department of Community Affairs to determine the consistency of this ordinance with the Florida Statutes. Section 5. This ordinance shall be filed in the Office of the Secretary of State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administrative Commission approving the ordinance. (The rest of this page has been left blank intentionally) Page 8 of9 Initials 12/17/01 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , A.D., 2001. Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner George Neugent Commissioner Murray Nelson Commissioner Nora Williams BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Charles "Sonny" McCoy (SEAL) ATTEST: DANNY KOHLAGE, CLERK DEPUTY CLERK Page 9 of9 Initials 12/17/01 Memorandum 1D: FROM: DATE: RE: Monroe County Board of County Commissioners K. Marlene Conaway, Director, Planning and Environmental Resources December 17, 200 I Monroe County Year 20 I 0 Comprehensive Plan Text Amendment STAFF REPORT Overview 1bis staff report recommends adding a sustainability and smart growth component to the Monroe County Year 20 I 0 Comprehensive Plan. The purpose of sustainability and smart growth is to establish a new land acquisition program, conserve the natural resources of the County, and to direct future development to appropriate infill areas. Background Anticipating and planning for development in a predictable manner, which is consistent with the carrying capacity of the Keys, conserving the unique environmental resources, and preserving the distinctive communities found within the Florida Keys has spurred the Planning Staff to consider the addition of sustainability and smart growth initiatives as Goal 105 to the Year 20 10 Comprehensive Plan. Sustainability is development that meets the needs of the present without compromising the ability of future generations to meet their own needs. The addition of Goal 105 will provide a clear vision of future patterns for commercial and residential development. The mechanism directs future growth to areas that are most compatible for increased development and promotes accelerated acquisition of those areas that are environmentally sensitive. Smart Growth in conjunction with sustainability is how the department is proposing to address the current sprawl and prepare for future development, but there are other factors that are addressed with this amendment. The Planning Department, in response to discussions with the Board of County Commissioners concerning Commissioner Williams' 20-year plan has developed this amendment to the Monroe County 20 I 0 Comprehensive Plan. The amendment also includes recommendations for consideration of a new residential permitting allocation system as well as an expanded land acquisition program. 12/17/01 Page 1 of 3 Sustain ability and Smart Growth The Florida Keys are a chain of islands linked by US Highway 1. This feature encourages linear development along the entire length of the highway, rather than clustered development in appropriate community centers or central business districts. Monroe County has regulated the amount of growth through its permitting allocation system, yet there has been less than effective management of the patterns of this growth. Due to the platting of the Keys decades ago, the County has developed in a sprawling fashion. Sprawl is a phenomenon that is better described as development that has no apparent controlling mechanisms and happens in a haphazard fashion. The effects of sprawl include increased natural resource consumption, environmental degradation, loss of neighborhood characteristics, highway congestion, and increased public service and infrastructure costs. Smart growth is a term that describes efforts made by communities to encourage development, which minimizes damage to the environment and reduces sprawl. This is not to be confused with no growth initiatives. Smart growth directs growth to areas most suitable for development. The basic goals of smart growth are: · Preserving large amounts of open space and protecting the quality of the environment · Redeveloping blighted areas and developing infill sites · Removing barriers to urban design innovation · Creating a greater sense of community within individual localities and neighborhoods and a greater recognition of regional interdependence of individual communities within the context of the County Smart growth recognizes not only development patterns, but also the quality of life found in a community. Implementation of a smart growth initiative through the Livable CommuniKeys Program will improve the development patterns found throughout Monroe County and will enhance the quality of life of Monroe County residents. Summary of Major Elements The proposed text amendment provides policy direction that: · Creates a proactive development plan which considers the carrying capacity of the Keys · Establishes a 20 year land acquisition program · Organizes the acquisition areas into a tier system which prioritizes acquisition according to level of sensitivity · Changes the land acquisition process to prioritize the environmentally sensitive areas found within platted subdivisions and retire or transfer development rights of those acquired lands · Requires the creation of overlay map showing acquisition tiers at the parcel level in conjunction with the Livable CommuniKeys program · Directs development to infill areas, where appropriate · Creates community centers for inclusion in the Livable Communi Keys program · Creates design guidelines to address retention of community character Page 2 of 3 12/17/01 The amendments listed above will support existing conservation policies found within the 2010 Comprehensive Plan, and will specifically expand the type of lands to be considered for acquisition. The determination of parcel based identification of those lots in Tier I and Tier II for acquisition of natural areas and transition and sprawl reduction land in combination with Tier III infill areas will provide the County with the basis for an effective method of permit allocation. This text amendment will be implemented by adding zoning overlay maps, streamlining the permit allocation system, and making necessary land development regulation changes. Upon the adoption of this text amendment, Monroe County will gain the ability to use creative mechanisms to maintain sustainable communities and conserve natural resources. This amendment will provide more certainty to the development process providing a brightline where development is encouraged and where development is not encouraged. The objectives and policies further expand the ability of the County to provide the citizens with understanding, and an outlet to voice concerns and to play an active role in the master planning process. Findings 1. Based on the Monroe County Code, staff fmds that the proposed amendment is consistent with Section 9.5-511 of the Monroe County Code. 2. Based on the Monroe County Year 2010 Comprehensive Plan, staff finds that the proposed amendment is consistent with and furthers the goals and objectives of the plan. Recommendation The Planning staff recommends approval of the proposed text amendment of the Monroe County Year 2010 Comprehensive Plan. Page 3 of 3 12/17/01 PLANNING COMMISSION RESOLUTION #P85-01 PLANNING COMMISSION RESOLUTION NO. P85-01 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING A REQUEST OF THE MONROE COUNTY PLANNING DEPARTMENT TO AMEND THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN BY THE ADDITION OF GOAL 105 AND OBJECTIVES 105.1 THROUGH 105.3 OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN TO ESTABLISH A SMART GROWTH MECHANISM TO DIRECT FUTURE GROWTH TO INFILL AREAS, EXPAND FUTURE LAND ACQUISITION AREAS, EXPAND AREAS APPROPRIATE FOR TRANSFER OF DEVELOPMENT RIGHTS, AND MODIFY THE PERMIT ALLOCATION SYSTEM. WHEREAS, The Monroe County Year 2010 Comprehensive Plan was enacted on January 4, 1996; and WHEREAS, Objective 101.11 of Monroe County Year 2010 Comprehensive Plan states: "Monroe County shall implement measures to direct growth away from environmentally sensitive land and towards established development areas served by existing public facilities [9J-5.006(3)(b)4 and 7]"; and WHEREAS, Goal 102 of the Monroe County Year 2010 Comprehensive Plan states: "Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. [9J-5.006(3)(a)]"; and WHEREAS, Objective 102.9 of the Monroe County Year 2010 Comprehensive Plan states: "By January 4, 1998, Monroe County shall complete and implement a cooperative land management program for private and county-owned lands located within and adjacent to parks and conservation lands which are owned by the state and federal governments in the Florida Keys. [9J-5.006(3)(b)4]"; and WHEREAS, the Monroe County Planning Department has recommended the addition of Goal 105 and Objectives 105.1 through 105.3 of the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the Development Review Committee on October 16, 2001 reviewed the proposed text and recommended approval of the proposed text; and WHEREAS, during regular meetings held on November 7, 2001, November 28, 2001, and December 12,2001 the Monroe County Planning Commission conducted public hearings on the proposed text; and Page 1 of 2 12/13/01 Initial WHEREAS, The Planning Commission was presented with the following information, which by reference is hereby incorporated as part of the record of said hearing; 1. The staff report prepared on October 18,2001 by Maureen Meehan, Planner. 2. Proposed changes to Monroe County Year 2010 Comprehensive Plan. 3. The memorandum further explaining the proposed tier system dated November 20,2001 by Maureen Meehan, Planner. 4. The sworn testimony of the Growth Management Staff. 5. Comments by the public. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of Monroe County, Florida, that the preceding findings of fact supports their decision to recommend APPROVAL to the Board of County Commissioners of the additions to the text of the Monroe County Year 2010 Comprehensive Plan, Goal 105 Objectives 105.1-105.3, as requested by the Monroe County Planning Department. PASSED AND ADOPTED By the Planning Commission of Monroe County, Florida at a regular meeting held on the 1 ih day of December 2001. Chair David C. Ritz Vice Chair Denise Werling Commissioner P. Morgan Hill Commissioner Jerry Coleman Commissioner Alicia Putney PLANNING COMMISSION OF MONROE COUNTY, FLORIDA By David C. Ritz, Chair Signed this _ day of ,2001 Page 2 of 2 12/13/01 Initial DEVELOPMENT REVIEW COMMITTEE RESOLUTION #D21-01 MONROE COUNTY, FLORIDA DEVELOPMENT REVIEW COMMITTEE RESOLUTION #021-01 A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE MONROE COUNTY PLANNING COMMISSION OF THE REQUEST FILED BY THE MONROE COUNTY PLANNING DEPARTMENT TO AMEND THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN BY THE ADDITION OF GOAL 105 AND OBJECTIVES 105.1 THROUGH 105.3 OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN TO ESTABLISH A SMART GROWTH MECHANISM TO DIRECT FUTURE GROWTH TO INFILL AREAS, EXPAND FUTURE LAND ACQUISITION AREAS, EXPAND AREAS APPROPRIATE FOR TRANSFER OF DEVELOPMENT RIGHTS, AND MODIFY THE PERMIT ALLOCATION SYSTEM. WHEREAS, The Monroe County Year 2010 Comprehensive Plan was enacted on January 4, 1996; and WHEREAS, Objective 101.11 of Monroe County Year 2010 Comprehensive Plan states: "Monroe County shall implement measures to direct growth away from environmentally sensitive land and towards established development areas served by existing public facilities [9J-5.006(3)(b)4 and 7]"; and WHEREAS, Goal 1 02 of the Monroe County Year 2010 Comprehensive Plan states: "Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. [9J-5.006(3)(a)]"; and WHEREAS, Objective 102.9 of the Monroe County Year 2010 Cornprehensive Plan states: "By January 4, 1998, Monroe County shall compiete and implement a cooperative land management program for private and county- owned lands located within and adjacent to parks and conservation lands which are owned by the state and federal govemments in the Florida Keys. [9J-5.006(3)(b)4]"; and WHEREAS, the Monroe County Planning Department has recommended the addition of Goal 105 and Objectives 105.1 through 105.3 of the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the Development Review Committee met on October 16. 2001 and was presented with the following evidence, which by reference is hereby incorporated as part of said hearing; Page 1 of 2 10/17/01 Initial~ 1. Staff report prepared by Maureen Meehan, Planner, dated October 12,2001; and the proposed changes to the Year 2010 Comprehensive Plan (Exhibit 1); and 2. Discussion of Growth Management Staff; and 3. Comments by the public; and WHEREAS, the Development Review Committee has made the following Findings of Fact on the evidence presented: 1. Based on the Monroe Courity Code, we find that the proposed amendment is consistent with Section 9.5-511. 2. Based on the Monroe County Year 2010 Comprehensive Plan, we find that the proposed amendment is consistent with and furthers its goals and objectives. NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding findings of fact supports their decision to recommend APPROVAL to the Monroe County Planning Commission of the additions to the text of the Monroe County Year 2010 Comprehensive Plan as requested by the Monroe County Planning Department. PASSED AND ADOPTED By the Development Review Committee of Monroe County, Florida at a regular meeting held on the 16th day of October, 2001. Edward Koconis, AICP, Island Planning Team Director / DRC Chair yes Fred Gross, Island Planning Team Director (Lower Keys) yes Ralph Gouldy, Environmental Resources Senior Administrator yes Maureen Meehan, Planner yes Department of Health (by fax) yes Department of Public Works (by fax) yes Department of Engineering (by fax) yes DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA By ~~I'J-U'~ ~cr~ EdwarC1 oconis, A1C , DRC hair \!y Signed this ---L- day of October, 2001 Page 2 of 2 10/17/01 Initial 4 Dona Merritt Little Torch Key Resident 27994 Winsom Avenue P.O. Box 978 Big Pine Key, Florida 33043 January 16, 2002 BOCC Public Hearing Key West, Florida TO: Monroe County Board of County Commissioners RE: BOCC Agenda Item Q-l, Ordinance amending Monroe County Comprehensive Plan, "adding Goal 1 OS", First Public Hearing Dear Mayor McCoy and Commissioners, Please accept the attached as public comment for the record and as a request for proposed changes to the language of the proposed Ordinance amending the Monroe County Comprehensive Plan to add "Goal 105". ~erelY,^ ~--~ Dona Merritt Q.l GOAL 105 Dona Merritt Request Public comment PROPOSED AMENDMENTS Obiective 105.1.1 Monroe County shall maintain and protect the conforming use and conforming structure status of existing, lawfully developed and currently conforming developed lands within Monroe County. Obiective 105.1.2. Monroe County shall maintain and protect the provisions of the Monroe County Master Plan for wastewater treatment and storm water management. Policy 105.1.7 Monroe County shall implement the Tier overlay map program and related text amendments in its Comprehensive Plan and Land Development Regulations, as contemplated in Goal 105, so that Objectives 105.1, 105.2 and 105.3; and Policies 105.1.5, 105.1.6 and 105.2.1 through 105.2.15 shall be applicable only to new unit, non-accessory development, on currently vacant, undeveloped lands within Monroe County. Policy 105.1.8. Monroe County shall ensure that currently conforming, lawfully developed lands, which are already served by potable water, electricity and public roadways infrastructure, and which developed lands now lie within the already designated future central sewer service areas and storm water management project areas, shall remain entitled to future central sewer service and appropriate future storm water management project implementation regardless of the Goal 105 Tier overlay designations and related text amendments to the Comprehensive Plan and Land Development Regulations, so long as such central sewer service and storm water management projects shall be demonstrated not to create new unit development expectation by private property owners in Tier I and Tier II areas and shall not extend beyond existing utility services. ,r-, ~Site ~ . =MCF\:lC . =MCF\:lRM The Monroe County Year 2010 Comprehensive Plan Future Land Use Map is amended as indicated above and briefly described as: DesiQnate Lots 1-8.11-13.19-20,25-27.36.38.41-43,46-47 as RM and Lots 32,37.44.45 as C of the Amended Plat of ~ia Shores a1d Lots 2-7.11-17.20-28. 30-31. 33.40-44 as RM and Lots 32.37 a1d RE # 100040.000101 as C of the Amended Plat of ~phin Harbor SutxJivisions and Re #s 108040 with the foIlowil1Q extentions as RM .000100. .000102-.000106..000300- .OOO304JXJ04oo,.000401 ..000500..00000o. .000700 all located on No Name Key Pursuant to: BOCC Ord. 008-2000 & DCA oo.1-NOI -440HA)-(I) Effective Date: 6I23lOO ;(y,~ a DirectOr Of I43nmng ana I:~I Resources Amendment #: M99129 N 9/'2.&XJ Date Sheet #: 6 GOAL 105 .~C\ ~of ~~~ , m\j1/lL" ~ S # ~. vJv-\I, er-' S\ft\'I ~ 7e9--- lAfW y e~ W- ,:)0 te ~ ,,.~. . Monroe County shall undertake a comprehensive land acquisition program and smart growth initiatives in conjunction with its Livable CommuniKeys Program in a manner that recognizes the finite capacity for new development in the Florida Keys by providing economic and housing opportunities for residents without compromising the biodiversity of the natural environment and the continued ability of the natural and made-made systems to sustain livable communities in the Florida Keys for future generations. Objective IOS.1 Monroe County shall implement smart growth initiatives in conjunction with its Livable CommuniKeys and Land Acquisition Programs which promote innovative and flexible development processes to, preserve the natural environment, maintain and erihance the community character and quality of life, redevelop blighted commercial and residential areas, remove barriers to design concepts, reduce sprawl, and direct future growth to appropriate infill areas. Policy 105.1.1 Monroe County shall create an economic development framework: for a sustainable visitor-based economy, not dependent on growth in the absolute numbers of tourists, that respects the unique character and outdoor recreational opportunities available in the Florida Keys. Policy 105.1.2 Monroe County shall prepare design guidelines to ensure that future uses and development are compatible with scenic preservation and maintenance of the character of the casual island village atmosphere of the Florida Keys. Policy 105.1.3 Monroe County shall prepare deve!.p~ent standards and amend the Land Development Regulations to limit~on-residential allocations for new floor _____ space on anyone site to foster the retention and redevelopment of small businesses on US 1. oorridor at a scale whioh reflects traditional Keys development patterns. Policy 105.1.4 Monroe County shall prepare redevelopment standards and amend the Land Development Regulations to address the large number of non- conforming commercial structures that are non-compliant as to on-site parking, construction and shoreline setbacks, stormwater management, landscaping and buffers. By identifying the existing character and constraints of the different island communities, regulations can be adopted that provide incentives for redevelopment and permit the continuance of businesses while moving towards an integrated streetscape. Ol102l02:Revision 7 Page 1 of6 Policy 105.1.5 Monroe County shall prepare amendments to this Plan and its Land Development Regulations that comprehensively revise the existing residential ~((rmit allocation system to direct the preponderance of future ~ z- residential~elopment to areas designated as an overlay on the zoning map(s) as Infill (Tier III) in accordance with Policy 105.2.2. In preparing this comprehonsivo revision, Monroe County shall give serious consideration to the ootablishment of a simplified "pure" lottery system in a manner that implements Policy 105.2.1 and is consistent "''lith end furthers this Plan. -? Policy 105.1.6 Monroe County shall prepare amendments to this Plan and its Land Development Regulations that comprehensively revise the existing non- residential permit allocation system in a manner that implements Policies 105.2.1 and 105.2.15 and is consistent with and furthers this Plan. Objective 105.2 Monroe County shall implement with assistance of the state and federal governments a 20--year Land Acquisition Program to: 1) secure t!>~~ervatiop and passive recreation ",p~ses !xI]ltiWv~ privately-owned~ ~~IW?~riWly sensitive lands; 2) reti:b~evelOp~eril rights on privately-owned:Y'aCaii\ lands to limit further sprawl and equitably balance the rights of property owners with the long-term sustainability of the Keys man-made and natural systems; and, 3) secure and retain lands suitable for affordable housing. This objective recognizes the finite limits of the carrying capacity of the natural and man-made systems in the Florida Keys to continually accommodate further development and the need for the s~. . ficant ~~ansion of the public acquisition of vacant developable lands Al~ ,) ~." c~. . . and f\ deve opment n ts to eqUItably balance the nghts and expectatIons of property owners. ~,~~ Policy 105.2.1 ~ Monroe County shall designate allA lands outside of mainland Monroe County into three general categories for purposes of its Land Acquisition. Program and smart growth initiatives. These three categories are: Natural Area (Tier I); Transition and Sprawl Reduction Area (Tier II); and Infill Area (Tier III). 1. Natural Area (Tier I): Any defined geographic area where all or a significant portion of the land area is characterized as environmentally sensitive by the policies of this Plan and applicable habitat co~ervation plan, is to be designated as a Natural Area. New:<fevelopment is to be severely restricted and privately owned vacant lands are to be acquired orydevelopment rights retired for resource conservation and passive recreation purposes. Within the Natural Area designation are typically found Ol102/02:Revision 7 Page 2 of6 ~ --... r-- - t.> e.tO \JIM; -r, I\)~-~~ -? lands within the acquisition boundaries of federal and state resource conservation and park areas, including isolated platted subdivisions; and privately-owned vacant lands with sensitive environmental features outside these acquisition areas. 2. Transition and Sprawl Reduction Area (Tier II): Any defined geographic area, where scattered groups and fragments of environmentally sensitive lands, as defined by this Plan, may be found and where existing platted subdivisions are not predominately developed, not served by complete infrastructure facilities, or not within close proximity to established commercial areas, is to be desi~~!~ as a Transition and Sprawl Reduction Area. Ne~e~O^p'-ftieiif l~ to hi>! discoJWl~ed and privately owned .... ~~\IJI'jl/ ~." ,(~ vacant lands acquired or ^ aevelOpment ngnts retired to reduce sprawl, ensure that the Keys carrying capacity is not exceeded, and prevent further encroachment on sensitive natural resources. Within a Transition and Sprawl Reduction Area are typically found: scattered small non-residential development and platted subdivisions with less than 50 percent of the lots developed; incomplete infrastructure in terms of paved roads, potable water, or electricitY; and scattered clusters of environmentally sensitive lands, some of which are within or in close proximity to existing platted subdivisions. -- 3. Infill Area (Tier III): Any defined geographic area, where a significant portion of land area is not characterized as environmentally sensitive as defined by this Plan, where existing platted subdivisions are substantially developed, served by complete infrastructure facilities, and within close proximity to established commercial areas, or where a concentration of non- residential uses exists, is to be designated as an Infill Area. New tJ.]r\.\'\- development and redevelopment are to be highly encouraged. Within an Infill Area are typically found: platted subdivisions with 50 percent or more developed lots situated in areas with few sensitive environmental features; full range of available publiceinfrastructure in terms of paved roads, potable water, and electricity; and concentrations of commercial and other non- residential uses within close proximity. In some Infill Areas, a mix of non-residential and high-density residential uses (generally 8 units or more per acre) may also be found that form a Community Center. Ol102/02:Revision 7 Page 3 of6 "", \~s ~~~ Policy 1 05.2.2 ~~~~0 ~ Monroe County shall prepare an overlay map(s) designatin~geographic areas of the County as one of the three Tiers in accordance with the guidance in Policy 105.2.1, which shall be incorporated as an overlay on the zoning map(s) with supporting text amendments in the Land Development Regulations. These maps are to be used to guide the Land Acquisition Program and the smart growth initiatives in conjunction with the Livable CommuniKeys Program (policy 101.20.1). ",__.Nal~ ~"r .", poP'~~ Policy 105.2.3 ~-~' ..,~uJ'" I The priority for acquisition of,. lands and" development rights under the ___ County's Land Acquisition Program shall be as follows: Tier I (Natural Area)-first priority; Tier II (Transition and Sprawl Reduction Area)- second priority; and Tier III (lnfill Area)- third priority, except acquisition of land for affordable housing shall also be a fIrst priority. These acquisition priorities shall be applied consistent with the Policy 105.2.10 that directs the foc~ of.the Coun~~s acquisition efforts to the acquisition or retirement of: de~6p~n'~glils of privately owned vacant platted subdivision lots within Tiers I and n. Policy 105.2.4 Monroe County shall prepare a specifIc data base tied to its Geographic Information System, containing information needed to implement, monitor, and evaluate its Land Acquisition Program, smart growth initiatives, and Livable CommuniKeys Program. Policy 105.2.5 Monroe County shall, in coordination with federal and state agencies, imple~!-~~d acquisition program to acquire all remaining privately- owned"vacant ltmds within areas designated as a Natural Area (Tier I). ;- Policy 105.2.6 Monroe County shaU..81e~ent a land acquisition program to acquire most privately ownoo~~t private lands within areas designated as a Transition and Sprawl Reduction Area (Tier ll). Policy 105.2.7 Monroe County shall im=nt >>a limite9 land acquisition program to acquire privately own~ vac:1it J lands with sensitive environmental features for conservation purposes and scarifIed properties for affordable housing within areas designated as an Infill Area (Tier Ill). Ol102l02:Revision 7 Page 4 of6 Policy 105.2.8 The preferred =~ for acquisition of environmentally sensitive privately own:!' "vacant non-platted lands shall b~ fee =le purchase, donation, or dedication or the retirement o(~~iop~nt ngfits tlrrough transfer of development rights or similar mechanisms. Policy 1 05.2.9 ~I ~ The preferred method for acquisition of A vacant platted lots sht!hp'e f~Aewa.ao{'.,j simple purchase, donation, or dedication or the retirement of~velop~~t rights thorough transfer of devC?!qp~11t riggts.... or similar Amechanisms; however. wherever appropriate~doo "totS may be purchased in partnership with adjoining property owner(s) subject to a conservation easement that may allow limited accessory residential uses. -- Policy 105.2.10 In terms of effort, Monroe County shall primarily foc~.J.~ Lan~~ Acquisition P~~~ sp the acquisition or retirement orAdevelop~e~t __ rights of vacant.j3i1Vitely-owned platted lots within Tier I and Tier n and ' the acquisition of scarified and disturbed lands for affordable housing within Tier ill. This policy recognizes the critical need for the County to aggressively address the imbalance between development expectations of private property owners and the finite carrying capacity of the natural and man-made systems in the Florida Keys. Policy 105.2.11 Monroe County shall petition the federal and state governments to ... , C\ aggressively pursue the acquisition of all remaining privately-owned, ~ vacant lands within their park and conservation acquisition boundaries and to expand existing acquisition boundaries to include other lands in close proximity with similar environmentally sensitive features. Policy 105.2.12 With respect to the relief granted pursuant to Policy 106.1 (Administrative Relief) or Policy 101.18.5 (Beneficial Use), a purchase offer shall be the preferred form of relief for any land within Tier I and Tier n, or any land within Tier III having conservation value in accordance with the criteria in Policy 101.6.5. Policy 105.2.13 In implementing this Land Acquisition Program, Monroe County is only conumtted or fmancially obligated to the extent that local, state. and federal funds are available. o 1/02l02:Revision 7 Page 5 of6 Policy 105.2.14 Monroe County shall identify and secure possible local sources to yield a steady source of funds and secure increased funding from state and federal, and/or private sources for the Land Acquisition Program and the management and restoration of acquired resource conservation lands. With the uncertainty concerning the County's ability to successfully secure sufficient funding from state and federal governments for their fair share of the financial support for the Land Acquisition Program and the demands placed on the County's limited financial resources to address wastewater and other critical issues, it is recognized that the Land Acquisition Program may extend well beyond 20 years. Policy 105.2.15 Where appropriate, as part of the Livable CommuniKeys Planning Process, Community Centers shall be designated within areas designated as Tier ill (Infill Area). A Community Center is characterized as a defined geographic area with a mix of retail, personal service, office and tourist and residential uses (generally of greater thanS units per acre). Community Centers shall be designated as receiving areas for transfer of development rights and shall receive special incentives in the non- residential permit allocation system. Objective 105.3 ~ Monroe County shall implement its 20- Y ear Land Acquisition Program and smart . ( growth initiatives in conjunction with its Livable CommuniKeys Program .aaQ- C. \ ~ ~ ~ shall mok... appropriate aInvudmeats to thi., Pl-dtl and the LaBd Derlel6pmoot ...? ' ~~~", .-RegulatiefiS including, btlt not neeessmly limited to -the residential aud 110n- ~ ~~~~~ .::::residenliall'~II.[lt allttGati9B syst8IBs. ~~ ~~ "- ~(y ~ ~ " "\. _~~oJ'~ ~ 0)0 ,~~'J ~ Ol102/02:Revision 7 Page 60f6