Item B3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17, 2005 Division: Growth Management
Bulk Item: Yes No -2L Department; Planning
Staff Contact Person: Marlene Conaway
AGENDA ITEM WORDING:
Public hearing to consider adoption of an amendment to the Monroe County Land Development
Regulations to amend environmental regulations; deleting sections 9.5~336 through 9.5~343 to
eliminate requirements for the Habitat Evaluation Index (HEI); creating new Section 9.5-336 to require
an Existing Conditions Report, including vegetative survey; creating new Section 9.5-337 to protect
upland vegetation through grant of Conservation Easements; creating new Section 9.5-338 to
incorporate existing open space requirements for wetlands; revising Section 9.5-347 to provide for
maximum clearing limits of native upland vegetation based upon the Tier system designation of the
subject property.
[1st of2 required public hearings]
ITEM BACKGROUND: On January 21,2004 and in Ordinance # 018-2004 the BOCC directed staff
to prepare draft text and map amendments and other supporting studies in order to effectuate the
provisions of Goal 105 of the 2010 Comprehensive Plan and Rule 28-20.100 F.A.C. The Planning
Commission reviewed the staff draft at four public hearings, amended the draft and recommend
approval. Several stakeholder forums and two community workshops were held to review the proposed
amendments. Final adoption will not occur until the DCA has reviewed the Transmittal Resolutions
for the 2010 Comprehensive Plan amendments, which are being reviewed in conjunction with this
amendment. This is a continuation of the Hearing held on February 16, 2005. Proposed revisions to
draft ordinance made by staff since February hearing are shown with a bold underline for additions and
with a double strikethrough for deletions and are summarized in the staffs cover memorandum.
PREVIOUS RELEVANT BOCC ACTION:
Ordinance No. 018-2004 adopted June 16,2004 directed staff to prepare text and map amendments to
implement Goal 105. Goal 105 was adopted in Ordinance No. 20- 2002.
CONTRACT/AGREEMENT CHANGES: None.
ST AFF RECOMMENDATIONS: Approval
TOTAL COST: N/A BUDGETED: Yes N/A No
-
COST TO COUNTY: N/A SOURCE OF FUNDS: N/ A
REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH N/ A Year
APPROVED BY: County Atty-2L Risk Mflll(;l7ot -
{ . !
1 !
DIVISION DIRECTOR APPRO V AL: \ (
DOCUMENT A TION: Included X
DISPOSITION: AGENDA ITEM #
,
~
~
PROPOSED AMENDMENTS TO THE LAND
DEVELOPMENT REGULATIONS TO AMEND
THE SECTIONS RELATING TO THE
ENVIRONMENTAL REGULATIONS
THE BOCC ORDINANCE
This ordinance will amend the Monroe County Land Development Regulations to amend the
environmental regulations; deleting sections 9.5-336 through 9.5-343 to eliminate requirement s
for the Habitat Evaluation Index (HEI); creating new Section 9.5-336 to require an Existing
Conditions Report, including a vegetative survey; creating new Section 9.5-337 to protect upland
vegetation through 2010 Comprehensive Plan to delete the HEI requirements, add the
requirement for an existing conditions report, including a vegetation survey. This ordinance will
also add the requirement of a grant of conservation easement to protect open space vegetation
and limit the clearing of native upland vegetation dependent on the tier system designation, and,
provide for a Land Acquisition Master Plan.
!1st of2 required public hearings]
1
BOARD OF COUNTY COMMISSIONERS
MARA THON EOe ROOM
ORDINANCE NO. 2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO
THE MONROE COUNTY LAND DEVELOPMENT
REGULATIONS TO AMEND ENVIRONMENTAL
REGULATIONS BY DELETING SECTIONS 9.5-336, 9.5-337, 9.5-
338, 9.5~339, 9.5-339.1, 9.5-339.2, 9.5~339.3 9.5-340, 9.5-341, 9.5~342,
AND 9.5-343 TO ELIMINATE REQUIREMENTS PERTAINING
TO THE EXISTING CONDITIONS MAP AND HABITAT
EVALUATION INDEX; CREATING NEW SECTION 9.5-336 TO
REQUIRE AN EXISTING CONDITIONS REPORT, INCLUDING
VEGET A TIVE SURVEY AS PART OF DEVELOPMENT
APPROV AL; CREATING NEW SECTION 9.5-337 TO ENHANCE
PROTECTION OF UPLAND VEGETATION THROUGH GRANT
OF CONSERVATION EASEMENTS; CREATING NEW SECTION
9.5-337 THAT PROVIDES NEW REQUIREMENTS FOR
CONSERV A TION EASEMENTS; CREATING NEW SECTION 9.5-
338 THAT INCORPORATES EXISTING OPEN SPACE
REQUIREMENTS FOR WETLANDS; REVISING SECTION 9.5-
347 TO PROVIDE FOR MAXIMUM CLEARING LIMITS OF
NATIVE UPLAND VEGETATION BASED UPON ON THE TIER
SYSTEM DESIGNATION OF THE SUBJECT PROPERTY;
PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION IN THE MONROE COUNTY CODE OF
ORDINANCES; DIRECTING THE PLANNING AND
ENVIRONMENT AL RESOURCES DEPARTMENT TO
TRANSMIT A COPY OF THIS ORDINANCE TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS; AND, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners, during three
public hearings held in December, 2004 and January and February 2005, reviewed and
considered the proposed amendments to the Land Development Regulations deleting the
HEI requirements, requiring an existing conditions report including a vegetation survey,
requiring a grant of conservation easement to protect open space vegetation and limiting
the clearing of native upland vegetation dependent on the Tier system designation to
implement Goal 105 of the 2010 Comprehensive Plan, Rule 28-20.100 F.A.C. and the
Tier Overlay system; and
WHEREAS, the Monroe County Board of County Commissioners directed staff
to prepare text and map amendments to the Year 2010 Comprehensive Plan and Land
Development Regulations to base the County's environmental regulations protecting the
habitat on the Year 2010 Comprehensive Plan Goal 105's Tier system rather than the
existing Habitat Evaluation Index; and
GoallOS LDR-Enviro. Amend Corrected
Page 1 of6
WHEREAS, Goal 105 provides a comprehensive framework tor future
development and land acquisition for the next 20 years that considers the carrying
capacity of the Florida Keys, reduces sprawl and promotes sustainability; and
WHEREAS, the current LDRS require properties designated on the 1986 Habitat
Maps as hammock and pineland to perform a Habitat Evaluation Index (HE I) to
determine the amount of clearing permitted and the negative points awarded in ROGO
and NROGO; and
WHEREAS, the HEI is a subject of dispute, has specific weaknesses including
problems with protocol in its application, and, since it is based on 1986 maps, does not
take into consideration re-vegetation over the last twenty years; and
WHEREAS, the proposed ordinance removes the requirement for performing an
HEI from the Land Development Regulations to determine habitat quality and scoring
under ROGO and replaces it with a much simpler, less expensive, transparent system;
and
WHEREAS, under the new Tier system the clearing of upland habitat is limited
to 10 percent in Tier 1,40 percent in Tier II, and 60 percent in Tier III; and
WHEREAS, regulatory requirements in the proposed LDRS include an Existing
Conditions Report, a Conservation Easement on upland native vegetation and use of the
1986 Habitat Maps as a baseline to assure unlawful clearing has not/does not occur; and
WHEREAS, the Planning and Environmental Resources Department prepared
amendments to Chapter 9.5 (Land Development Regulations) consistent with proposed
amendments to the Year 2010 Comprehensive Plan that incorporated the above changes
in the County's environmental regulations based on the Tier system; and
WHEREAS, the Planning Commission, after hearing comments at four public
hearings, made changes to the staff draft amendments and recommended approval of the
proposed amendments to incorporate changes to the County's environmental regulations
based on the Tier system and the elimination of the Habitat Evaluation Index
requirement; and
WHEREAS, the Planning and Environmental Resources Department has made
minor changes to the proposed draft based on direction of the Planning Commission and
Dublic testimonv at the Dublic hearinl2: before the Board of Countv Commissioners in
December 2004, including minor text revisions to ensure readability and correct
typographical errors or omissions in the text; and
WHEREAS, the Board of County Commissioners has reviewed the proposed
amendments to the Land Development Regulations deleting the HEI requirements in the
Code, requiring an existing conditions report including a vegetation survey, requiring a
grant of conservation easement to protect open space vegetation and limiting the clearing
of native upland vegetation dependent on the Tier system designation, as recommended
Goal 105 LDR-Enviro, Amend Corrected
Page 2 of6
by the Planning Commission and the Planning and En vironmental Resources
Department; and
WHEREAS, the Board of County Commissioners finds the proposed
amendments to the Land Development Regulations are consistent with and further goals,
objectives and policies of the Year 201 0 Comprehensive Plan, particularly Goal 105 and
recently adopted set of comprehensive plan amendments to effectuate the Tier system;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The following sections ofthe Monroe County Code are hereby deleted:
0 Section 9.5-336, Existing conditions map;
0 Section 9.5-337, Habitat analysis required;
0 Section 9.5-338, Waiver of habitat analysis;
0 Section 9.5-339, Habitat type analysis;
0 Section 9.5-339.1, Habitat analysis objective;
0 Section 9.5-339.2, Automatic high quality forest classification;
0 Section 9.5-339.3, Habitat analysis definitions and approach;
0 Section 9.5-340, Habitat analysis for high hammocks;
0 Section 9.5-341, Habitat analysis for low hammocks;
0 Section 9.5-342, Habitat analysis for palm hammocks; and,
0 Section 9.5-343 Habitat analysis for pinelands.
Section 2. A new Section 9.5-336, Monroe County Code, is hereby created that reads as
follows:
"Sec. 9.5-336. Existing conditions report.
As part of an application for approval on lands containing upland native
vegetation communities the applicant shall prepare and submit an existing
conditions report including a v€lg8tati','@ survey that identifies the distribution and
quality of native habitat and anv observed endangered/threatened or protected
species within the parcel or lot proposed to be developed in accordance with the
standards of this division. The existing conditions report will be prepared by a
biologist qualified under sec. 9.5-28, in a form approved by the director of
planning and contain, at a minimum, the following:
(a) Cover page: The cover page shall contain the following:
(1) Legal description of parcel.
(2) Property owner's name and address.
(3) Date of report and site visits.
(4) Consultant's name, agency and contact information.
(5) Consultant's signature.
GoallOS LDR-Enviro. Amend Corrected
Page 3 of6
(b) Summary: A general description of site including discussion of
habitat type, important features and presence and location of any disturbed areas.
(c) Plant svecies list: A list of species found in the survey provided in
a matrix of the following five columns:
(1) Column I - removed - estimates the number of that plant which
will be removed.
(2) Column 2 - retained - indicates that one or more of that plant will
remam.
(3) Column 3 - common plant name.
(4) Column 4 - scientific name.
(5) Column 5 - status - threatened, endangered, or regionally important
and other native species four inches or greater in diameter at four
feet in height and exotic or pest plant status.
(d) Animal svecies list: A list of the endangered. threatened. or
orotected animal species observed during the site survey.
~ LsD. Site plan: A site plan at a scale of one (1) inch equals twenty (20)
feet or greater showing the location of all native plant species that are threatened,
endangered, regionally important and areas of disturbance and exotic species."
Section 3. A new Section 9.5-337, Monroe County Code, is hereby created that reads as
follows:
"Section 9.5-337. Administration and compliance.
Before a certificate of occupancy or final inspection of approval may be
issued for any structure, portion, or phase of a project subject to this division a
grant of conservation easement running in favor of Monroe County shall be
approved by the growth management director and the county attorney and filed in
the Land Records of Monroe County. The Conservation Easement shall state the
amount of required upland native vegetation open space and prohibiting activities
within that open space, including removal, trimming or pruning of native
vegetation; acts detrimental to wildlife or wildlife habitat preservation;
excavation, dredging, removal or manipulation of the substrate; activities
detrimental to drainage, flood control, or water or soil conservation; dumping or
placing soil, trash, or other materials; and any other restrictions as may be stated
on the Conservation Easement."
Goall05 LDR.Enviro. Amend Corrected
Page 4 of6
Section 4. A new Section 9.5-338, Monroe County Code, is hereby created that reads as
follows:
"Section 9.5-338 Wetland open space requirements.
No development activities, except as provided for in this division, are
permitted in mangroves, freshwater wetlands and in undisturbed saltmarsh and
buttonwood wetlands; the open space requirement is one hundred (100) percent."
Section 5. Section 9.5-347 (b),(c),and (d), Monroe County Code are hereby amended to
read as follows:
"(b) Percentage of clearing: Clearing of upland native vegetation
communities in the Tiers I, II, and III shall be limited to the following
percentages:
TIER Permitted Clearing
Tier I 1 0% of upland native vegetation
Tier n 40% of upland native vegetation
Tier III 60% of upland native vegetation
(c) Site baseline conditions: The legal conditions ofland existing as of
February 28, 1986 and as depicted on the "December 1985 Habitat Classification
Aerial Photographs," shall be used as a baseline to determine the clearing that
may be permitted on a site. The 1985 maps shall be supplemented by recent aerial
photography and existing site analysis to determine any increases in the amount of
upland native vegetated areas. Upland native vegetated areas cleared between
1986 and time of permit application shall be considered to still include upland
native vegetation for purposes of determining the amount of open space and
clearing permitted.
(d) Ocean Reefclearing: For the purpose of this section, upland native
vegetated areas in Ocean Reef Club, shall be considered Tier II and clearing shall
be limited to forty (40) percent of the upland native vegetated areas.
Section 6. Section 9.5-347(e), Monroe County Code, is hereby created that reads as
follows:
(e) Lot Aggregation and Clearing: For ROGO applications that
receive points for lot aggregation under Section 9.5-122.3 (a) (3), permitted
clearing of vegetation shall be limited to the percentage of the property indicated
in paragraph (b) above or five-thousand (5,000) square feet, whichever is less."
Section 7. If any section, subsection, sentence, clause or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Goal l05 LDR-Enviro. Amend Corrected
Page 5 of6
Section 8. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not
repeal the repealing clause of such ordinance or revive any ordinance which has been
repealed thereby.
Section 9. This ordinance does not affect prosecutions for ordinance violations
committed prior to the effective date of this ordinance; does not waive any fee or penalty
due or unpaid on the effective date of this ordinance; and does not affect the validity of
any bond or cash deposit posted, filed, or deposited pursuant to the requirements of any
ordinance.
Section 10. 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 Administration Commission approving the ordinance.
Section 11. This ordinance shall be transmitted by the Planning and Environmental
Resources Department to the Florida Department of Community Affairs to determine the
consistency of this ordinance with the Florida Statutes.
Section 12. The provisions of this ordinance shall be included and incorporated in the
Code of Ordinances of the County of Monroe, Florida, as an addition or amendment
thereto, and shall be appropriately numbered to conform to the uniform numbering
system of the Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the _ day of ,A.D.,
2005.
Mayor Dixie Spehar
Mayor Pro Tem Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
Commissioner Murray E. Nelson
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY:
Mayor/Chairperson
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK MONROe COUNTY AT1'OANEY
APP~oveD A' TO fORM
,tf:. J, !
IDaI.: t V'~-..A;(' -""') c'7Q ()f:---:
~.....?=--), ~.J
BY:
Deputy Clerk
Goal 105 LDR.Enviro. Amend Corrected
Page60f6
STAFF REPORT
BOARD OF COUNTY COMMISSIONERS
MARATHON EOC ROOM
Momoe County Department of Planning and Environmental Resources
2798 Overseas Highway Marathon Florida 33050
305.289.2500 ~ conaway-marlene@momoecounv-fl.gov
November 28,2004
TO: Momoe County Board of County Commissioners
FROM: K. Marlene Conaway, Director
RE: Environmental Land Development Regulation (LDR) amendment to
implement Goal 105
Introduction
Goal 105 provides a framework for future development and land acquisition for the next
20 years that considers the carrying capacity of the Florida Keys, reduces sprawl and
promotes sustainability. Attached is the proposed amendment to the Comprehensive Plan
to implement the goal, Rule 28-100 and the Florida Keys Carrying Capacity Study
(FKCCS).
Staff is recommending that three public hearings be held before the Board of County
Commissioners, one in each area, before adoption of the Transmittal Resolution.
Hopefully, this schedule will allow us to finish the adoption process by June 2005.
Background
The Board of County Commissioners (BOCC), at a regular meeting on January 21, 2004,
directed Growth Management staff to prepare an ordinance deferring ROGO and
NROGO allocation awards in areas containing tropical hardwood hammock or pinelands
oftwo acres or greater within Tier I - Conservation and Natural Areas (CNA), while staff
prepares draft text and map amendments and other supporting studies in order to
effectuate the provisions of Goal 105 of the 20 I 0 Comprehensive Plan, and Rule 28-
20.1 00 F AC.
The Planning Commission reviewed the staff proposed draft at a workshop in June and an
amended draft in four public meetings in September, October and November 2004. The
Planning Commission approved several amendments and voted to recommend the
attached draft to the BOCC on November 3, 2004. During the summer thr~e focus group
meetings were held; two with the construction industry representatives and one with a
group of interested individuals and environmental groups. Several planned meetings were
cancelled due to the hurricanes. Finally two evening community workshops, one in Key
Largo and one in Sugarloaf, were held in October.
Environmental Amendment
The current LDRS require properties designated on the 1986 Habitat Maps as hammock
and pineland to perform a Habitat Evaluation Index (HEI) to determine the amount of
clearing permitted and the negative points awarded in ROGO and NROGO. The HEl is a
subject of continuous controversy, is accused of being subjective and since based on 1986
lof2
Monroe County Department of Planning and Environmental Resources
2798 Overseas Highway Marathon Florida 33050
305-289-2500 conaway-marlene@monroecouny-fl.gov
maps does not take into consideration re-vegetation over the last twenty years. The
proposed ordinance removes the requirements for performing an HEI from the Plan and
Code. Instead habitat quality and permitted clearing is based on the Tiers. Tier I receives
"0" points for ROGO and clearing is limited to 10%. Clearing of habitat in Tier II is
limited to 40% and Tier III is limited to 60%.
Regulatory requirements in the LDRS include an Existing Conditions Report, a
Conservation Easement on upland native vegetation and use of the 1986 Habitat Maps as
a baseline to assure unlawful clearing has not/does not occur.
Ocean Reef, which is not subject to ROGO and NROGO, is defined as Tier II and Tier III
and clearing of upland native vegetation is limited to 40%.
20f2
PLANNING COMMISSION RESOLUTION
BOARD OF COUNTY COMMISSIONERS
MARATHON-EOCROOM
PLANNING COMMISSION RESOLUTION NO. P58-04
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS OF THE
REQUEST BY THE MONROE COUNTY PLANNING DEPARTMENT
OF AMENDMENTS TO THE M01\1ROE COUNTY LAND
DEVELOPMENT REGULA nONS TO AMEND ENVIRONMENTAL
REGULATIONS BY DELETING SECTIONS 9.5-336, 9.5-337, 9.5-338, "
9.5-339, 9.5-339.1, 9.5-339.2, 9.5-339.3 9.5-340, 9.5-341, 9.5-342, AND
9.5-343 TO ELIMINATE REQUIREMENTS PERTAINING TO THE
EXISTING CONDITIONS MAP AND HABIT A T EV ALUA TION
INDEX; CREATING NEW SECTION 9.5-336 TO REQUIRE AN
EXISTING CONDITIONS REPORT, INCLUDING VEGETATNE
SURVEY AS PART OF DEVELOPMENT APPROVAL; CREATING
NEW SECTION 9.5-337 TO ENHANCE PROTECTION OF UPLAND
VEGETATION THROUGH GRANT OF CONSERV A TION
EASEMENTS; CREATING NEW SECTION 9.5-337 THAT PROVIDES
NEW REQUIREMENTS FOR CONSERV A TION EASEMENTS;
CREATING NEW SECTION 9.5-338 THAT INCORPORATES
EXISTING OPEN SP ACE REQUIREMENTS FOR WETLANDS;
REVISING SECTION 9.5-347 TO PROVIDE FOR MAXIMUM
CLEARING LIMITS OF NATIVE UPLAND VEGETATION BASED
UPON ON THE TIER SYSTEM DESIGNATION OF THE SUBJECT
PROPERTY.
WHEREAS, the Monroe County Planning Commissioner, during a public
hearings held November 16, 2004, reviewed and considered the proposed amendment to
the Land Development Regulations deleting the HEI requirements, requiring an existing
conditions report including a vegetation survey, requiring a grant of conservation
easement to protect open space vegetation and limiting the clearing of native upland
vegetation dependent on the Tier system designation to implement Goal 105 of the 20 10
Comprehensive Plan, Rule 28-20.100 F.A.C. and the Tier Overlay system; and
WHEREAS, the Monroe County Board of County Commissioners directed staff
to prepare text and map amendments to the Year 2010 Comprehensive Plan and Land
Development Regulations to base the County's environmental regulations protecting the
habitat on the Year 201 0 Comprehensive Plan Goal 105' s Tier system rather than the
existing Habitat Evaluation Index; and
WHEREAS, Goal 105 provides a comprehensive framework for future
development and land acquisition for the next 20 years that considers the carrying
capacity of the Florida Keys, reduces sprawl and promotes sustainability; and
P58.04 Goal 105 LDR-Enviro. Amend PC
Page 1 of 5
WHEREAS, the current LDRS require properties designated on the 1986 Habitat
Maps as hammock and pineland to perform a Habitat Evaluation Index (HEI) to
determine the amount of clearing permitted and the negative points awarded in ROGO
and NROGO; and
WHEREAS, the HEI is a subject of dispute, has specific weaknesses including
problems with protocol in its application, and, since it is based on 1986 maps, does not
take into consideration re-vegetation over the last twenty years; and
WHEREAS, the proposed ordinance removes the requirement for performing an
HEI from the Land Development Regulations to determine habitat quality and scoring
under ROGO and replaces it with a much simpler, less expensive, transparent system;
and
WHEREAS, under the new Tier system the clearing of upland habitat is limited
to 10 percent in Tier I, 40 percent in Tier II, and 60 percent in Tier III; and
WHEREAS, regulatory requirements in the proposed LDRS include an Existing
Conditions Report, a Conservation Easement on upland native vegetation and use of the
1986 Habitat Maps as a baseline to assure unlawful clearing has not/does not occur; and
WHEREAS, the Planning and Environmental Resources Department prepared
amendments to Chapter 9.5 (Land Development Regulations) consistent with proposed
amendments to the Year 2010 Comprehensive Plan that incorporated the above changes
in the County's environmental regulations based on the Tier system; and
WHEREAS, the Planning and Environmental Resources Department has made
minor changes to the proposed draft based on direction of the Planning Commission,
including minor text revisions to ensure readability and correct typographical errors or
omissions in the text; and
WHEREAS, the Planning Commission, after hearing public comments and staff
input at four public hearings, finds the proposed amendments to the Land Development
Regulations deleting the HEI requirements in the Code, requiring an existing conditions
report including a vegetation survey, requiring a grant of conservation easement to
protect open space vegetation and limiting the clearing of native upland vegetation
dependent on the Tier system designation are consistent with and further goals, objectives
and policies of the Year 2010 Comprehensive Plan, particularly Goal 105 and recently
adopted set of comprehensive plan amendments to effectuate the Tier system;
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION OF MONROE COUNTY, FLORIDA, to recommend APPROVAL
to the Monroe County Board of County Commissioners of the following amendment to
the Land Development Regulations:
P58-04 Goal 105 LDR-Enviro. Amend PC
Page 2 of5
Section 1. Delete the following sections of the Monroe County Code'
0 Section 9.5-336, Existing conditions map;
0 Section 9.5-337, Habitat analysis required;
0 Section 9.5-338, Waiver of habitat analysis;
0 Section 9.5-339, Habitat type analysis;
0 Section 9.5-339.1, Habitat analysis objective;
0 Section 9.5-339.2, Automatic high quality forest classification;
0 Section 9.5-339.3, Habitat analysis definitions and approach;
0 Section 9.5-340, Habitat analysis for high hanunocks;
0 Section 9.5-341, Habitat analysis for low hammocks;
0 Section 9.5-342, Habitat analysis for palm hammocks; and,
0 Section 9.5-343 Habitat analysis for pinelands.
Section 2. Create a new Section 9.5-336, Monroe County Code that reads as follows:
Sec. 9.5-336. Existing conditions report.
As part of an application for approval on lands containing upland native
vegetation communities the applicant shall prepare and submit an existing
conditions report including a vegetative survey that identifies the distribution and
quality of native habitat within the parcel or lot proposed to be developed in
accordance with the standards of this division. The existing conditions report will
be prepared by a biologist qualified under sec. 9.5-28, in a form approved by the
director of planning and contain, at a minimum, the following:
(a) Cover page: The cover page shall contain the following:
(1) Legal description of parcel.
(2) Property owner's name and address.
(3) Date of report and site visits.
(4) Consultant's name, agency and contact information.
(5) Consultant's signature.
(b) Summary: A general description of site including discussion of
habitat type, important features and presence and location of any disturbed areas.
(c) Species list: A list of species found in the survey provided in a
matrix of the following five columns:
(1) Column 1 - removed - estimates the number of that plant will be
removed.
(2) Column 2 - retained - indicates that one or more of that plant will
remam.
P58.04 Goal] 05 LDR.Enviro. Amend PC
Page 3 of 5
(3) Column 3 - common plant name.
(4) Column 4 - scientific name.
(5) Column 5 - status - threatened, endangered, or regionally important
and other native species four inches or greater in diameter at four
feet in height and exotic or pest plant status.
(d) Site plan: A site plan at a scale of one (1) inch equals twenty (20)
feet or greater showing the location of all native species that are threatened,
endangered, regionally important and areas of disturbance and exotic species."
Section 3. Create a new Section 9.5-337, Monroe County Code, that reads as follows:
Section 9.5-337. Administration and compliance.
Before a certificate of occupancy or final inspection of approval may be
issued for any structure, portion, or phase of a project subject to this division a
grant of conservation easement running in favor of Monroe County shall be
approved by the growth management director and the county attorney and filed in
the Land Records of Monroe County. The Conservation Easement shall state the
amount of required upland native vegetation open space and prohibiting activities
within that open space, including removal, trimming or pruning of native
vegetation; acts detrimental to wildlife or wildlife habitat preservation;
excavation, dredging, removal or manipulation of the substrate; activities
detrimental to drainage, flood control, or water or soil conservation; dumping or
placing soil, trash, or other materials; and any other restrictions as may be stated
on the Conservation Easement."
Section 4. Create a new Section 9.5-338, Monroe County Code that reads as follows:
Section 9.5-338 Wetland open space requirements.
No development activities, except as provided for in this division, are
permitted in mangroves, freshwater wetlands and in undisturbed saltmarsh and
buttonwood wetlands; the open space requirement is one hundred (100) percent."
Section 5. Amend Section 9.5-347 (b),(c),and (d), Monroe County Cocle d to read as
follows:
(b) Percentage of clearing: Clearing of upland native vegetation
communities in the Tiers I, II, and III shall be limited to the following
percentages:
TlER Permitted Clearing
Tier I 10% of upland native vegetation
Tier II 40% of upland native vegetation
Tier III 60% of upland native vegetation
P58-04 Goal} 05 LDR.Enviro, Amend PC
Page 4 of 5
(c) Site baseline conditions: The legal conditions of land existing as of
February 28, 1986 and as depicted on the "December 1985 Habitat Classification
Aerial Photographs," shall be used as a baseline to detel11}ine the clearing that
may be permitted on a site. The 1985 maps shall be supplemented by recent aerial
photography and existing site analysis to determine any increases in the amount of
upland native vegetated areas. Upland native vegetated areas cleared between
1986 and time of permit application shall be considered to still include upland
native vegetation for purposes of determining the amount of open space and
clearing permitted.
(d) Ocean Reef clearing: For the purpose of this ordinance, upland
native vegetated areas in Ocean Reef Club, shall be considered Tier II and
clearing shall be limited to forty (40) percent of the upland native vegetated areas.
Section 6. Create Section 9.5-347(e), Monroe County Code that reads as follows:
(e) Lot Aggregation and Clearing: For ROGO applications that
receive points for lot aggregation under Section 9.5-122.3 (a) (3), permitted
clearing of vegetation shall be limited to the percentage of the property indicated
in paragraph (b) above or five-thousand (5,000) square feet, whichever is less."
PASSED AND ADOPTED by the Planning Commission of Monroe County,
Florida at a regular meeting held on the 16th day of November 2004.
Chair Lynn Mapes YES
Vice Chair Denise Werling YES
Commissioner David C. Ritz YES
Commissioner Julio Margalli YES
Commissioner James Cameron YES
PLANNING COMMISSION OF MOl\,fROE COUNTY, FLORIDA
By
Lynn Mapes, Chair
Signed this _ day of ,2004.
P58.04 Goal 105 LDR.Enviro. Amend PC
Page 5 of5
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION
DEVELOPMENT REVIEW RESOLUTION NO. D-23-04 '
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE
RECOMMENDING APPROVAL TO THE MONROE COUNTY PLANNING COMMISSION
OF THE REQUEST BY THE MONROE COUNTY PLANNING DEPARTMENT TO DELETE
REQUIREMENTS FOR AN HEI, REVISE THE OPEN SPACE, LAND ACQUISITION,
MANAGEMENT AND GIS MAPPING REQUIREMENT TO IMPLEMENT GOAL 105 OF
THE 2010 COMPREHENSNE PLAN AND THE TIER SYSTEM BY DELETING POLICIES
101.4.20, 102.9.5, 102.9.6, 103.2.2, 207.1.2, 207.10.5, 207.12.6 AND OBJECTIVE 1201.13.
REVISE POLICIES 101.4.22, 101.14.1, 102.1.1, 102.4.1, 102.4.2, 102.4.3, 102.4.4, 102.4.5,
102.4.6, 102.4.7, 102.7.3, 102.8.1, 102.8.5,102.9.1,102.9.2,102.9.3,102.9.4,103.2.1,205.1,
205.1.1, 205.1.2, 205.1.3, 205.1.4, 205.1.5, 205.1.6, 205.2.1, 205.2.2, 205.2.6, 205.2.7,
205.2.14, 205.5.1,205.5.2,207.1.2 Revise Objective 102.4, 102.9,201.1,205.2 and 205.5, OF
THE 2010 COMPREHENSIVE PLAN. REVISE DIVISION: ENVIRONMENTAL
REGULA TIONS OF THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS
BY DELETING EXISTING SECTIONS 9.5-336, 9.5-337, 9.5-338, 9.5-339, 9.5-339.1, 9.5-
339.2,9.5-339.3 9.5-340,9.5-341, 9.5-342,9.5-343, Al\TD 9.5-347(C) HABITAT ANALYSIS
AND OPEN SPACE REQUIREMENTS AND CREATING NEW SECTIONS 9.5-336, 9.5-
337,9.5-338, SECTION 347(C) AND SECTION 347(D) AND REVISING SECTION 347(B)
TO REQUIRE AN EXISTING CONDITIONS REPORT INCLUDING A VEGETATION
SURVEY, REQUIRE A GRANT OF CONSERVATION EASEMENT TO PROTECT OPEN
SPACE VEGETATION AND LIMITING THE CLEARING OF NA TNE UPLAND
VEGETATION DEPENDENT ON THE TIER SYSTEM DESIGNA TION.
WHEREAS, the Monroe County Development Review Committee, during a regular meeting held on
September 9, 2004, conducted a review and consideration of the request filed by the Monroe County Planning
Department to delete policies and objectives that make up the requirements for an HEI, the open space
requirements, land acquisition & management and the requirements for GIS mapping to implement Goal 105 of
the 2010 Comprehensive Plan and the Tier System.
WHEREAS, Goal 105 provides a framework for future development and land acquisition for the next
20 years that considers the carrying capacity of the Florida Keys, reduces sprawl and promotes sustainability.
WHEREAS, Tier Maps were developed following the criteria in Goal 105, utilizing computer mapping
(GIS), identifying areas appropriate for additional development and those, which are important environmentally
and should be preserved.
WHEREAS, The boundaries for the Tier Maps were drawn using environmental and development
information and digital data from the Florida Keys Carrying Capacity Study (FKCCS), the Planning Department
and the Property Appraisers Office and refined through site visits by the County Biologists and Planners.
WHEREAS, hammock size is a major determinate of habitat quality according to the FKCCS, therefore
size and connectivity are used in determining the boundary of the Tiers to identify the best and most important
terrestrial habitat areas for preservation.
WHEREAS, Tier I includes all contiguous hammock areas above four acres and restoration areas
between fragmented smaller hammock patches to increase the hammock size and 'buffers where possible.
Hammock size is a major determinate of habitat quality according to FKCCS, which is why size and
connectivity were used to identify the best and most important terrestrial habitat areas for preservation.
WHEREAS, Tier II contains smaller hammock patches isolated by surrounding development; the
quality is reduced because of the negative secondary impacts of development. These areas still contain a large
number of undeveloped lots.
WHEREAS, Tier III is appropriate for additional infill development because of the location and amount
of existing development in the areas designated.
WHEREAS, the Board of County Commissioners (BOCC), at a regular meeting on January 21, 2004,
directed Growth Management staff to prepare an ordinance deferring RaGa and NROGO allocation awards in
areas containing tropical hardwood hammock or pinel and of two acres of greater within Tier I - Conservation
and Conservation and Natural Areas (CNA), while staff prepares draft text and map amendments and other
supporting studies in order to effectuate the provisions of Goal 105 of the 2010 Comprehensive Plan, and Rule
28-20.100 FAC.
WHEREAS, the current LDRS require properties designated on the 1986 Habitat Maps as hammock
and pinel and to perform a Habitat Evaluation Index (HE!) to determine the amount of clearing permitted and
the negative points awarded in RaGa and NROGO. The HE! is a subject of continuous controversy, is accused
of being subjective and since based on 1986 maps, does not take into consideration re-vegetation over the last
twenty years.
WHEREAS, The proposed ordinance removes the requirement for performing an HEI from the Plan
and Code. Instead habitat quality and permitted clearing is based on the Tiers. Tier I receives "0" points for
TOGO and clearing is limited to 10%. Clearing of habitat in Tier II is limited to 40% and Tier III is limited to
60%.
WHEREAS, regulatory requirements in the proposed LDRS include an Existing Conditions Report, a
Conservation Easement on upland native vegetation and use of the 1986 Habitat Maps as a baseline to assure
unlawful clearing has not/does not occur.
WHEREAS, In addition to changes to implement the Tier system, the Comprehensive Plan
amendments also address the requirements for a Land Acquisition Master Plan.
BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, to
recommend APPROVAL to the Monroe County Planning Commission, of the amendments to the 2010
Comprehensive Plan to implement Goal 105 and the Tier Overlay System.
.
.
.
PASSED AND ADOPTED by the Development Review Committee of Monroe County, Florida, at a regular
meeting held on the 9th of September, 2004. '
Aref Joulani, DRC Chair YES
Jason King, Planner YES
David Dacquisto YES
Andrew Trivette, Biologist YES
Ralph Gouldy, Senior Environmental Resources Planner YES
Department of Public Works YES
Department of Engineering YES
Department of Health YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY
BY
Aref Joulani, DRC Chair
Signed this 9th day of September, 2004.