Resolution 611-2006
RESOLUTION NO. 611 -2006
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TRANSMITTING TO THE DEPARTMENT OF
COMMUNITY AFFAIRS AN ORDINANCE ADOPTING AN
AMENDMENT TO THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN TO INCLUDE A TIER OVERLAY DISTRICT
MAP DESIGNATION ON ALL LAND IN UNINCORPORATED MONROE
COUNTY IN THE FLORIDA KEYS BETWEEN KEY WEST AND
OCEAN REEF AND DESIGNATING BOUNDARIES FOR TIER 0, TIER
I, TIER II, TIER III, TIER III-A (SPECIAL PROTECTION AREAS), AND
TlE:R 4 PURSUANT TO THE CRITERIA IN POLICY 105.2.1 OF THE
MONROE COUNTY 2010 COMPREHENSIVE PLAN.
WHEREAS, the Monroe County Board of County Commissioners makes the following
findings of fact:
1. The Monroe County Planning Commission acting as the designated Local Planning
Agency at a duly advertised public hearing on December 6, 2006, provided for
participation by the public, and rendered its recommendation to the Board of County
Commission.
2. The Board of County Commissioners during two (2) advertised public hearings held
in December 2006, reviewed and considered the proposed amendment to provide for
a Tier Overlay District Map designation on the Monroe County Future Land Use
District Map to implement Goal 105 of the 2010 Comprehensive Plan, Rule 28-
20.100 F.A.C. and the Tier Overlay system.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Section 1. The Board of County Commissioners does hereby adopt the recommendations of the
Local Plarming Agency pursuant to the draft ordinance for the adoption of the proposed
amendment to the Monroe County Year 2010 Comprehensive Plan and render the attached
Schedule 8 for objections, review and comment by the Florida Department of Community of
Affairs.
Section 2. The Board of County Commissioners does hereby transmit the proposed amendment
and the attached Schedule 8 to the Florida Department of Community Affairs for objections,
review and comment in accordance with the provisions of Section 163.3184 and 380.0552,
Florida Statutes; and
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Section 3. The Monroe County staff is given the authority to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment in accordance with the
requirements of9J-I1.0060fthe Florida Administrative Code; and
Section 4. The Clerk of the Board is hereby directed a 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 of said Board held on the 18th day of December, A.D. , 2006.
Mayor Mario DiGennaro Yes
Mayor Pro Tern Dixie Spehar Yes
Commissioner Charles "Sonny" McCoy Yes
Commissioner George Neugent Yes
Commissioner Sylvia Murphy No
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BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
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Mayor/Chairperson
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ATTEST: DANNY KOHLAGE, CLERK
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ORDINANCE NO. -2006
AN ORDINA~CE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AN AI\tENDMENT TO THE MONROE
COUNTY YEAR 2010 COMPREHENSIVE PLAN TO INCLUDE A TIER
OVERLAY DISTRICT MAP DESIGNATION ON ALL LAND IN
UlIfINCORPORATED MONROE COUNTY IN THE FLORIDA KEYS
BETWEEN KEY WEST AND OCEAN REEF AND DESIGNATING
BOUNDARIES FOR TIER 0, TIER I, TIER II, TIER Ill, TIER III-A
(SI'ECIAL PROTECTION AREAS), AND TIER 4 PURSUANT TO THE
CRITERIA IN POLICY 105.2.1 OF THE MONROE COUNTY 2010
COMPREHENSIVE PLAN; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; DIRECTING THE
PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO
TRANSMIT A COpy OF THIS ORD~Ai~CE TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners, during two (2) public
hearings held in December 2006, reviewed and considered a proposed amendment to provide for
a Tier Overlay District Map designation on the Monroe County Future Land Use District Map 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, during public
hearings held in December 2004, January, February, March, April, May, and June 2005, an
March 2006, reviewed and considered a proposed amendment to provide for a Tier Overlay
District Map designation on the Monroe County Current Land Use District Map to implement
Goal 105 of the 2010 Comprehensive Plan, Rule 28-20.100 F.A.C. and the Tier Overlay system;
and
WHEREAS, in Ordinance No. 010-2006 the Monroe County Board of County
Commissioners adopted text and map amendments to Ordinance No. 018-2004 into the Land
Development Regulations to include Tier Overlay District Map designations in accordance with
Goall05; and
WHEREAS, the Monroe County Board of County Commissioners makes the following
Findings of Fact:
1. 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.
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2. The Tier Map designation was developed following the criteria in Goal 105,
identifying areas appropriate for additional development and those which are important
environmentally and should be preserved.
3. The initial Tier Map designation was developed following criteria in Goal 105.
through use of computer mapping (GIS); and utilizing the 1986 Existing Conditions Map,
environmental data produced by the Florida Marine Resources Institute utilized in the Florida
Keys Carrying Capacity Study, recent aerial photography, Property Appraiser records. and on-
site survey s.
4. The initial tier boundaries for the Tier Overlay District Map were drawn by the
Growth Management Division staff using environmental and development information and
digital data prepared by the Florida Marine Resources Institute and utilized in the Florida Keys
Carrying Capacity Study, aerial photography, permitting and property tax records, and refined
through site visits by the County Biologists and Planners.
5. The Planning Commission, after hearing public comments and staff input at four
public hearings on the draft Map, recommended approval on November 3, 2004, to the Board of
County Commissioners of the Tier Overlay District Map as an overlay to the Land Use District
Map.
6. The Planning and Environmental Resources Department continued to work on
refining the proposed boundaries based on new aerial photography, property records, and site
surveys.
7. The Board of County Commissioners approved in concept revisions to the habitat
protection elements of the proposed amendments to the Comprehensive Plan on August 17,
2005, in n:sponse to concerns raised by the Governor and Cabinet and negotiations with DCA
staff.
8. The Board of County Commissioners adopted amendments to the Comprehensive
Plan on S€'ptember 22, 2005, that made further revisions to the Tier system by instituting a Tier
III-A (Spe.~ial Protection Area) for improved habitat protection.
9. The Growth Management Division staff based on detailed ground-truthing efforts by
its staff and more recent aerial photography further refmed the series of maps to depict proposed
Tier III and Tier Ill-A (Special Protection Area) designated areas.
10. The Florida Department of Community Affairs and County staff reviewed proposed
designated Tier III.A designated sites during a site visit in early December 2005. and reached
tentative agreement on sites to be designated for further protection as Tier III-A (Special
Protection Areas).
II. The Gro",th Management Division staff prepared revised maps designating Tier IlI-
A areas, which were reviewed and conceptually approved by the Board of County
Commissioners on December 20,2005.
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12. Subsequently, the Gro'W-th Management Division staff made t1nal refinements to Tier
boundaries based on written requests from property owners, the recommendations of the Special
Master concerning requested boundary amendment revisions to Tier I (aka "Conservation and
Natural Areas"), and further ground-truthing.
13. Hammock size is a major determinate of habitat quality according to the FKCCS;
therefore size and connectivity are used in determining the boundary of Tier I areas to identify
the best and most important terrestrial habitat areas for preservation.
14. Tier 0 includes all rights-of-way and submerged lands.
15. 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.
16. Tier III is appropriate for additional infill development because of the location and
amount of existing development in the areas designated and the absence of signit1cant upland
native habitat patches.
17. Tier Ill-A, which is called a "Special Protection Area" in the Comprehensive Plan, is
appropriatA~ for the protection of the remaining isolated upland native habitat patches of one acre
or greater Ilocated outside of Tier L
18. Tier IV includes all lands owned by United States Government utilized by any
branch oflhe United States Military, Department of Defense or Homeland Security.
19. The Tier Overlay District Map, when adopted, will become an overlay to the Future
Land Use District Map.
20. The Tier Overlay District Map designating Tiers 0, I, II, III, and IV boundaries on
Big Pine Key and No Name Key conforming to the adopted Community Master Plan for those
two islands, was adopted by Ordinance 28-2005.
21. The Tier Overlay District Map for Big Pine Key and No Name is included in Exhibit
A attached to this Ordinance without any change in the boundaries from the adopted Tier
Overlay District Map for those islands to provide a uniform set of series of maps, as the official
Tier Overlay District Map for Monroe County.
22. The Board of County Commissioners adopted Ordinance No. 0] 0-2006 on March 15,
2006, thereby adopting the Tier Overlay District Map as a part of the Land Development
Regulations as recommended by the Gro....ih Management Division. Subsequently some Tier
designations were found to be in error, identified in Exhibit Al (Schedule 8), and those
desi gnations need to be corrected.
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NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Tier Overlay District Map showing Tiers 0, I, II, Ill, Ill-A (Special Protection
Area), and IV, attached hereto as Exhibit A, is adopted as an overlay to the Momoe County
Future Land Use Map including all corrected designations as identified in Exhibit AI (Schedule
8).
Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held
invalid, th(~ remainder of this ordinance shall not be affe\:ted by such invalidity.
Section 3, 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 c:lause of such ordinance or revive any ordinance which has been repealed thereby.
Section 4, This ordinance does not affect prosewtions 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, fih~d, or deposited pursuant to the requirements of any ordinance.
Section 5. This ordinance shall be filed in the Office of the Secretary of State of Florida. This
ordinance shall not become effective until , but not prior to or without a notice
issued by the Department of Community Affairs or Administration Commission approving the
ordinance.
Section 6. 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.
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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. , 2006.
Mayor Mario DiGennaro
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner Sylvia Murphy
Commissioner Charles "Sonny" McCoy
BOARD OF COUNTY CO~fMISSIO]\''ERS OF
MONROE COUNTY, FLORIDA
BY:
Mayor/Chairperson
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
Deputy Clerk
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