Ordinance 020-2009
ORDINANCE NO. 020 -2009
AN ORDINANCE BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
ADOPTING AMENDMENTS TO THE MONROE
COUNTY 2010 COMPREHENSIVE PLAN TO
REVISE SECTIONS OF THE LIVABLE
COMMUNIKEYS MASTER PLAN FOR BIG PINE
KEY AND NO NAME KEY; CLARIFYING
SECTIONS INCONSISTENT WITH THE HABITAT
CONSERVATION PLAN, INCIDENTAL TAKE
PERMIT, AND MONROE COUNTY CODE;
PROVIDING FOR SEVERABILITY AND REPEAL
OF INCONSISTENT PROVISIONS; PROVIDING
FOR TRANSMITTAL TO THE SECRETARY OF
STATE AND THE DEPARTMENT OF COMMUNITY
AFFAIRS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Board of County Commissioners (BOCC) held a public hearing
on June 2, 2009 for the purposes adopting a proposed amendment to the Monroe County
Year 2010 Comprehensive Plan; and
WHEREAS, the BOCC voted to transmit the proposed amendment to the Florida
Department of Community Affairs on January 26,2009; and
WHEREAS, the BOCC makes the following findings of fact and conclusions of
law:
1. The Livable CommuniKeys Master Plan for Big Pine Key and No Name Key (LCP)
was completed in August, 2004, adopted by the Board of County Commissioners on
August 18, 2004 and is incorporated by reference into the Monroe County 2010
Comprehensive Plan by Policy 101.20.2(1)
2. This LCP included Maps and Action Items that guide future development on Big Pine
Key and No Name Key.
3. The Habitat Conservation Plan for Florida Key Deer (HCP) was prepared by Monroe
County for the U.S. Fish and Wildlife Service on April, 2003 and revised on April, 2006.
4. Incidental Take Permit (ITP) was prepared by the U.S. Fish and Wildlife Service and
became effective June 9, 2006 and expires June 30, 2023.
5. Monroe County Land Development Regulations (LDR) also includes policies that
impact future development in Big Pine Key and No Name Key.
4. Conflicts between the HCP, ITP, LDR, and LCP for Big Pine Key have been
identified.
5. On January 7, 2009, the Monroe County Planning Commission held a public hearing
on the proposed ordinance, and in due consideration of public comment and debate,
recommended passing a resolution to the Board of County Commissioners approving the
adoption of amendments to the Livable CommuniKeys Master Plan for Big Pine Key and
No Name Key.
6. The proposed amendments are internally consistent with other elements of the
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COMMISSION OF
MONROE COUNTY, FLORIDA:
Section 1. The Livable CommuniKeys Master Plan for Big Pine Key and No Name
Key is amended as follows:
List of Fie:ures
Figures 1.1,2.1,2.2,2.5,2.7,2.8, and 6.1 are amended to only include lands shown
within the Habitat Conservation Plan (HCP).
Action Item 3.2.2:
The RaGa for Big Pine Key and No Name Key shall be implemented through the
Monroe County Comprehensive Plan and the Monroe County Code, reflecting the
requirements of the Habitat Conservation Plan (HCP) and Incidental Take Permit (ITP).
Action Item 3.2.3:
Count as part of the 200-unit cap, the 4 residential units that have been awarded
allocations for administrative relief. The 200 dwelling units are tracked from June 9,
2003, the beginning of the 20-year period in the Incidental Take Permit.
Action Item 3.2.6:
Limit allocation awards in Tier I to no more than five percentof all residential units
permitted over the twenty year planning period (i.e. a maximum of 10 units) or a total of
H = 0.022 (two percent of the total H), whichever results in the lower H. Development in
Tier 1 is tracked from December 27, 2004, the effective date of the Livable
CommuniKeys Plan, which established the Tier System for Big Pine Key and No Name
Key.
Action Item 3.2.7:
Land acquisition for mitigation and the total impact of commercial, institutional and
residential development (H impact = 1.1) is tracked from March 13, 1995. U.S. Fish and
Wildlife Service has allowed the County to record the H value for all development and
land acquisition (mitigation) from March 13, 1995
Action Item 8.1.1:
Regulate new fences as follows:
a. Prohibit new fences on Tier I lands except as authorized by the U.S. Fish and Wildlife
Service and fencing required for safety purposes at any location to enclose the immediate
impervious area of pools and tennis courts.
b. Prohibit new fences in non-residential areas along U.S. 1.
c. Permit new fences on developed lots and vacant lots that are contiguous to and serve a
principal use within Tier II and Tier III. All fences shall be designed to meet adopted
fence design guidelines for the planning area already contained in the land development
regulations.
d. Allow replacement of fences existing on the date this plan is adopted in their existing
configuration.
e. Do not consider fencing of developed property in Tier II or III (whether developed
with principal or accessory uses) to have H impact additional to the development as
modeled in the HCP as a reduction in K.
Action Item 8.1.2:
Regulate new accessory uses as follows:
a. No new development other than residential single-family and accessory uses will be
permitted in Tier I Areas.
b. Permit new accessory uses to be located on the same parcel as the principal use within
Tier I, Tier II and Tier III lands. Do not consider accessory uses located on the same
parcel as the principal use to have any H unit impact additional to the principal use.
c. Permit new accessory uses on vacant lots contiguous to and serving a principal use
within Tier II and Tier III lands, and as authorized by the U.S Fish and Wildlife Service
within Port Pine Heights and Kyle-Dyer Subdivisions. Consider new accessory uses
located on vacant lots to impact H -Value.
d. Allow for the replacement of existing accessory uses and/or for their relocation
elsewhere on the same parcel for safety and security purposes.
e. Continue to apply all other Comprehensive Plan and land development regulations
regarding types, placement and other features of accessory uses.
Section 2. If any section, subsection, sentence, clause, item, change, or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such validity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 4. This ordinance shall be transmitted to the Planning Department to the Department
of Community Affairs pursuant to Chapter 163 and 380, Florida Statutes.
Section 5. This ordinance shall be filed in the Office of the Secretary of the State of Florida
but shall not become effective until a notice is issued by the Department of Community Affairs
or Administrative Commission finding the amendment in compliance with Chapter 163, Florida
Statutes.
Remainder of this page left intentionally blank
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a special meeting held on the 2md day of June A.D., 2009.
Mayor George Neugent Yes
Mayor Pro Tern Sylvia Murphy Yes
Commissioner Kim Wigington Yes
Commissioner Heather Carruthers Yes
Commissioner Mario Di Gennaro Yes
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUN1Y' FLORIDA
BY p..-".. ~c '()J.A4.,e.(/-.
Mayor George Neugent
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
<Mc~.C .
DEPUTY CLERK
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FLORIDA DEPARTMENT or STATE
. - .
CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
June 18,2009
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated June 15, 2009 and certified copies of Monroe County Ordinance Nos. 017a-2009 through
022-2009, which were filed in thIS office on June 15,2009.
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Program Administrator
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DI\llCTOR'S OFFl(;E
Ri\.. G:ay Building - 500 South j~ml1oubh Street. Talh"ussee, :-'!orida 32399-02::0
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COMMUNITY DEVEI.OPMEN T
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-' ",HE LiBf,ARr' OF FVJRIDA
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STATE ARCHIVES OF FLORIDA
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LEGISLATIVE LIBRARY SERVICE
850.488.2812 .. FAX: f,;).488.9879
kECOIillS MP.,.... AG EMENT ~ ~~RVIC ES
850 -'45.6750 '" FAX: 850.)'-:':6:t)5
ADMINISTRATIVE CODE AND WEEKLY
850.//;; 62~O .. FAX: 850.24).6282
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