C. Public Hearing
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 8, 2006 Division: Growth Management
Bulk Item: Yes _No ~
Staff Contact Person: Tv Svmroski
AGENDA ITEM WORDING:
Public hearing to transmit to the Florida Department of Community Affairs an Ordinance amending the
Monroe County 2010 Comprehensive Plan to include a Tier Overlay Map for all land in
unincorporated Monroe County in the Florida Keys between Key West and Ocean Reef The proposed
ordinance includes the resolution of 147 outstanding erroneous Tier designations.
ITEM BACKGROUND: The Board of County Commissioners (BOCC), at a special meeting on
November I, 2006 directed Growth Management staff to prepare draft Tier Overlay Map amendments
for possible inclusion in the Monroe County 2010 Comprehensive Plan (Comp Plan). Pursuant to the
Commission's direction to process 147 map error corrections per (Resolution 148-2006), Staff has
submitted Schedule 8 which provides details for the proposed 147 Tier designation changes.
PREVIOUS RELEVANT BOCC ACTION:
Ordinance No. 10-2006 adopted March 15, 2006 & Ordinance No. 13-2006, adopted March 21, 2006
incorporated the unamended Tier Overlay District Maps and the corresponding criteria for each Tier
designation into the Monroe County Current Land Use Map and the Monroe County Land
Development Regulations.
CONTRACTIAGREEMENT CHANGES: None.
STAFF RECOMMENDATIONS: Denial
TOTAL COST:
NIA
BUDGETED: Yes NIA
No
COST TO COUNTY: N/A
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes NIl\. No
AMOUNT PER MONTH N/A Year
APPROVED BY: County Atty ~ OMB/Purchasing _Risk Management_
DIVISION DIRECTOR APPROVAL:
i
Ti Syrrlroski
DOCUMENTATION:
Included ~
Not Required_
AGENDA ITEM # Q, :L
DISPOSITION:
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RESOLUTION NO. -2006
A RESOLUTJON BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSJONERS TRANSMITTING TO THE DEPARTMENT OF
COMMUNITY AFFAIRS AN ORDINANCE ADOPTING AN
AMENDMENT TO THE MONROE COUNTY YEAR 2010
COMPREHENSIYE PLAN TO INCLUDE A TIER OVERLAY DISTRICT
MAP OESIGNATION ON ALL LANO IN UNINCORPORATED MONROE
COUNTY IN THE FLORIDA KEYS BETWEEN KEY WEST AND
OCEAN REEF AND DESIGN A TlNG BOUNDARIES FOR TIER 0, TIER
1, TIER II, TIER III, TIER III-A (SPECIAL PROTECTION AREAS), AND
TIER 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, I<'LORIDA THAT:
Section I. The Board of County Commissioners does hcrehy adopt the recommendations of the
Local Planning Agency pursuant to the draft ordinance for the adoption of the proposed
amendment to the Monroe County Year 2010 Comprehensive Plan.
Section 2. The Board of County Commissioners does hereby transmit the proposed amendment
to the Florida Department of Community Atlairs for review and comment in accordance with the
provisions of Section 163.3184 and 380.0552. Florida Statutes; and
Section 3. The Monroe County staff is given the authority to prepare and submit the required
transmittalletler and supporting documents fllr the proposed amendment in accordance with the
requirements of 9J-ll.00060f the Florida Administrative Code; and
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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 bv the Board of Count v Commissioners of Monroe Countv,
Florida, at a regular meeting of said B~ard held on the 18th' day of December, A.D. , 2006. '
Mayor Mario DiGennaro
Mayor Pro Tern Dixie Spehar
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Sylvia Murphy
BOARD Of COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY:
Mayor/Chairperson
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
Deputy Clerk
( MONROE ~T"',;lf1-7~NEY .
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County of Monroe
Growth Management Division
Growth Mana2ement Division
2798 Oversea'i Highway
Suite #430
Marathon, FL 33050
Voice: (305) 289.2~OO
FAX, (305) 289.2536
Board of Count'Y Comm~sioDers
Ma.}'or Mario Oi Gennaro, Dist. 4
Mayor Pw Tern Dix.ie Spehar. Disl. 1
George Neugent. Disi. 2
Charles .'Sonny" McCoy, Disl 3
Sylvia J. Murphy, Dist. 5
We strive to be caring, professional andfair
TO:
The Monroe County Board of County Commissioners
FROM:
Ty Symroski, Growth Management Division Directd(
,
, ,
--I Iii.'" U
, 1"'oJ
;' .ri! f. !
I f
DATE:
November 16,2006
RE:
Adoption of the Tier Maps into the Comprehensive Plan
Backl!round:
During the presentation of the Tier Maps to the Governor and Cabinet there was a representation that the
County would adopt the Tier Maps into the Comprehensive Plan. Subsequently the Board of County
Commissioners (BOCC), on November 1, 2006, directed the Growth Management staff to prepare draft
map amendments for the Monroe County 2010 Comprehensive Plan (Comp Plan) to incorporate the Tier
Overlay Maps,
The Monroe County Planning Commission is scheduled to review the staff proposed draft at a regular
meting on December 6,2006 and their recommendation is forthcoming,
Overview:
The Tier Maps designate geob>raphical areas in the Keys portion of Monroe County into one of six (6)
Tiers in order to:
. Assign ROGO and NROGO points,
. Determine the amount of clearing and
. Prioritize lands for public acquisition.
The Tier maps have been adopted into the Land Development Regulations and this adoption is currently
being challenged. 1bis proposed amendment Vvill incorporate them as an overlay to the Future Land Use
Map in the Comprehensive Plan. Consequently changes to the maps will follow the statutory procedures
for Comprehensive Plan amendments as well as amendments to the Land Development Reb'lllations.
During the dratling of the Tier Maps, the County had several processes for citizens to challenge the
designation of specific parcels. These involved a staff review and a special master. The result was that
] 47 map errors were identified and the Board of County Commissioners directed staff to formally
process these amendments as soon as an appropriate time became available (Resolution ]48-2006).
Therefore, staff is presenting these proposed changes for possible incorporation into this adoption
hearing (Schedule 8 attached).
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Analvsis:
There are four factors to consider when adopting the Tier Maps into the Comprehensive Plan.
1. Impact on the process to amendment the maps in the future. The process for amendments will be
more complex and require greater staff time.
The current process to amend the tier maps involves:
. Planning Commission public hearing,
. Board of County Commission public hearing
. DCA approval (only as long as the County is an Area of Critical State Concern)
. Third party may challenge the DCA's approval (only as long as the County is an Area of
Critical State Concern)
If the Tier Maps are adopted into the comprehensive Plan the process will be:
. Planning Commission public hearing,
. Board of County Commission public hearing to transmit the change to the Department of
Community Affairs,
. DCA comments on the change within 60 days (note, this DCA involvement will continue
after the Keys are no longer an Area of Critical State Concern),
. Board of County Commission public hearing to consider the DCA comments and approve
the change.
. DCA approval of the Comprehensive Plan Amendment
. Third party may challenge the DCA's approval.
It should be noted that there currently is a citizen initiative to amend the State's constitution such
that any amendment to the Comprehensive Plan will require a public referendum. If this becomes
the law, then corrections to individual lots could become exceedingly difficult for average
citizens or the statf attempting to base the maps on new environmental information such as
discovering that endangered species are nesting on the property.
2. Maintains oversight by the DCA if the Keys are de-desi$J.Ilated. Currently, the DCA has authority
to deny any amendment to the Tier Maps whether they are in the Land Development Regulations
and/or in the Comprehensive Plan. If the Keys are de-designated, then the DCA oversight will be
eliminated for changes to the Land Development Regulations but will be retained for changes to
the Comprehensive Plan. Thus, if the Tier Maps are adopted into the Comprehensive Plan, there
will be some DCA oversight to check any changes that may not be consistent with the technical
cIiteria.
3. Timing with the current challenge to the Tier Maps. The County Commission and the
Department of Community Affairs have approved the adoption of the Tier Maps into the Land
Development Regulations. However, this approval has been challenged and is scheduled to be
heard by a hearing officer in February, 2007. Part of the challenge is that the maps should be
changed in a number of spots. The commission may desire to delay the adoption of the Tier
Maps into the comprehensive plan until the current challenge is resolved.
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Additionally, it is possible that the adoption into the comprehensive plan could be challenged by
the same people that challenged the adoption into the Land Development Regulations andior any
other person. Consequently, while the current challenge is only by "environmentalists", it is
possible the adoption into the Comprehensive Plan could be challenged by "developers".
Therefore, the whole issue could become very complex very quickly.
TIle 147 changes referenced in BOCC Resolution 148-2006 will not have the full public notice
that normally would occur if individually processed as amendments. 137 go from Tier I to Tier 3
and are recommended by staff and were requested by the property OWllers. Ten (10) of the
changes go from Tier 3 to Tier 1 and were determined by staff to be errors and meet the criteria.
Four (4) of these parcels proposed for Tier I will not be impacted as they are currently developed.
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ORDINANCE NO. -2006
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AN A..\1ENDMENT 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 TIER 4 PURSUANT TO THE
CRITERIA IN POUCY 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 ORDINA..'lCE 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
Goal 105; and
WHEREAS, the Monroe County Board of County Commissioners makes the follo\\ing
Findings of Fact:
I. 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 surveys.
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 response 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 September 22, 2005, that made further revisions to the Tier system by instituting a Tier
III-A (Special 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 refined the series of maps to depict proposed
Tier III md Tier III-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).
11. The Growth 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 Growth Management Division staff made iinal reiinements 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 aU rights-of-way and submerged lands.
15. Tier I includes all contiguous hammock areas above four acres and restoration areas
between fragmented smaUer hammock patches to increase the hammock size and buffers where
possible.
16. Tier III is appropriate for additional iniiU development because of the location and
anlount of existing development in the areas designated and the absence of signiiicant upland
native habitat patches.
17. Tier Ill-A, whicl1 is called a "Special Protection I\rea" in the Comprehensive Plan, is
appropriate for the protection of the remaining isolated upland native habitat patches of one acre
or greater located outside of Tier 1.
18. Tier IV includes aU lands owned by United States Govemment utilized by any
branch of the United States Military, Department of Defense or Homeland Security.
19. The Tier Overlay District Map, when adopted, wiU become an overlay to the Future
Land Use District Map.
20. The Tier Overlay District Map designating Tiers 0, !, II, Ill, 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"th Management Division. Subsequently some Tier
designations were found to be in error, identiiied in Exhibit Al (Schedule 8), and those
designations 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, III, III-A (Special Protection
Area), and IV, attached hereto as Exhibit A, is adopted as an overlay to the Monroe County
Future Land Use Map including all corrected designations as identified in Exhibit Al (Schedule
8).
Section 2_ 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.
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 clause of such ordinance or revive any ordinance which has been repealed thereby.
Section 4. 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 5. This ordinance shall be filed in the Office of thc Secretary of State of Florida. This
ordinance shall not become effective until "? , but not prior to or without a notice
issued by the Depamnent of Community Affairs or Administration Commission approving the
ordinance.
Section 6. This ordinance shall be transmitted by the Planning and Environmental Resources
Depamnent 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 COillilY CO:.vtMISSIO},lf,RS OF
MONROE COUNTY, FLORIDA
BY:
Mayor/Chairperson
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
Deputy Clerk
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