Resolution 089-2010 BOCC MARCH 17,2010
RESOLUTION NO. 089-2010
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA CORRECTING THE
CODIFICATION OF ORDINANCE 10-2006 AS SET FORTH IN THE
FINAL ORDER OF THE SECRETARY OF THE DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR TRANSMITTAL TO
MUNICIPAL CODE CORPORATION; . PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY
AFFAIRS"
WHEREAS, the Board of County Commissioners of Monroe County,Florida; makes the following
Findings of Fact and Conclusions of Law:
1. Monroe County adopted Ordinances 008-2006, Ordinance.009-2006, Ordinance 010-2006, and
Ordinance 011-2006 on March 15,2006 and adopted Ordinance 013-2006 on March 21,2006.
2. These ordinances which adopted Tier Maps and the Tier System for evaluating environmental
sensitivity of land were the subject of an administrative appeal in Case Number DCA07-GM-166A.
3.The Final Order in Case Number DCA07-GM-166A dated September 26,2007 and the Amended,
Final Order correcting a Scrivener's Error in Paragraph 3 of the Final Order, signed by Department
of Community Affairs Secretary Thomas Pelham and filed January 8, 2008, upheld the challenged
ordinances as follows:
* * * *
" 3. Monroe County Ordinance No. 008-2006, except for the deletion of Section
9.5-342; Ordinance No. 009-2006;Ordinance No. 010-2006 except for Sections -
9.5-256(c)1a., 9.5-256(c)(3) [sic], and 9.5-256(c)(3)b.2 [sic].; Ordinance No.
011-2006; and Ordinance No. 013-2006 except for the parcels identified in
Findings of Fact 65, 80, 86 and 132, are hereby approved."
4. In codifying this order in reference to Ordinance 10-2006, Monroe County deleted Section 9.5-
256(c)l.a. as directed and all portions of Section 9.5-256(c)(3) including Section 9.5-256(c)(3)b.2.
which was specifically mentioned.
5. Since the codification,,the attorneys and staff of the Department of Community Affairs (DCA)
and the Growth Management Division of Monroe County have revisited the Final Order and the
intent of the Administrative Law Judge and the Secretary of DCA with respect to Section 9.5-256. •
6. The written findings in the Recommended Order by the Administrative Law Judge as,explained
in a letter from Shaw P. Stiller;General Counsel for the DCA, attached as Exhibit A, indicate that
the striking of certain provisions of Ordinance No. 10-2006 when drafted to be codified by Monroe
County were inconsistent with the Final and Amended Final Orders and the recommendations of
the Administrative Law Judge. A copy of the amended ordinance based upon the Final Order for
Ordinance 10-2006 was included in Exhibit A with the aforementioned letter from the DCA
General Counsel.
7. It is the intent of the Board of County Commissioners to carry out the intent of the
Administrative Law Judge in his Recommended Final Order and the intent of the Secretary of the
Department of Community Affairs in regard to the Amended Final Order.
8. Only the sentence immediately following the section enumerated 9.5-256(c) should have been
stricken, along with section 9.5-256(c)(3)b.2. but not the entire paragraph enumerated 9.5-256(c), .
which was comprised of several other paragraphs of text. . "
4
BOCC MARCH 17,2010
/
9. The prior submission of the ordinance to be codified by deleting all of subsection 9.5-256(c) -
constituted a drafting error.
10. Through Ordinance 01-2009, section 9.5-256 was renumbered as section 130-130 as part of the
recodification process of the entire County Code.
NOW, THEREFORE BE IT RESOLVED BY - THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
Section 1. The preceding Findings of Fact and Conclusions of Law are incorporated herein as
though fully set forth..
Section 2. Ordinance No. 10-2006 shall be read in accordance with, and consistent with, the
provisions of the Department of Community Affairs' Amended Final Order in Case No. DCA07-
GM-166A and shall be codified as shown on Exhibit B which is identical to the ordinance provided
in Exhibit A to this resolution, which is the letter from the Department of Community Affairs
General.Counsel dated February 9,2010.
Section 3. This codification is consistent with the intent and findings of the Administrative Law
Judge in the Recommended Order dated June 26,2007 in Case No.DCA07-GM-166A.
Section 4.This codification is consistent with the interpretation by the Department of Community
Affairs of its Amended Final Order in Case No. DCA07-GM-166A.
Section 5. A copy of Exhibit B shall be sent with this Resolution to Municipal Code Corporation
for codification.
Section 6. Municipal Code Corporation is directed to include this resolution number as a footnote
to section 130-130 to preserve the legislative history for the'text.,
Section 7. The Planning Director shall send a certified copy of this Resolution to the Department
of Community Affairs.
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County,.Florida
at a regular meeting of said Board on the 17 th day of March ,2010. �. . 'l
-' 1—
Mayor Sylvia J.Murphy YesCD rti .
p
Mayor Pro Tern Heather Carruthers Yes ra't:-o'er 7
Commissioner Mario DiGenaro Yes b -:
Commissioner George Neugent Yes -1 -
Commissioner Kim Wigington Yes - _ irl
/� 'e•---T-.''—• W, ♦.,
CD
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RIDA.
.,,�,�. VBPARD,PF COUNTY.COMMISSIONERS OF MONRO COUNT ,t,„,,,:_..,,,,,-„,..,f t ��\ `s '~i'. By: ���� // c�-
� �r 'x,# 1��2U,aq ,}`,� "% �,I ' ayor lvia J. Murphy
`--`'� ''. -TT T�:, /Dann
y/L. Kolha e, CLERK
By:
B MONROE C UNTY flRNEY t,
APPRO AST F bM
Deputy Clerk .wu2�r �. ,i
Date.
(%4.1:�• , EXHIBIT A
`' .%-� Page 1 of 6
t
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
" Dedicated to making Florida a better place to call home'
CHARUE GRIST THOMAS G PELHAM
Governor Stcwelry
February 9,2010
Ms.Christine Hurley,Director of Growth Management
Monroe County
2798 Overseas Highway
Marathon,Florida 33050
Re: Tier Overlay District text in the Land Development Regulations
Dear Ms.Hurley:
In preparation for the first meeting with the Tier Designation Review Committee
(TDRC), the Department of Community Affairs (Department) has noticed that the County's
codification of Tier regulations, Section 130-130 (previously numbered 9.5-256) has several
omissions. The County has inadvertently deleted portions of Section 130-130 that were upheld
by the Administrative Law Judge and Final Order No.DCA07-GM-166A1.
The TDRC will utilize the criteria from Section 130-130 to evaluate parcels and to make
recommendations on Tier designations. Therefore, the Department requests' that the County
revise Section 130-I30 (previously numbered 9.5-256) of the land development regulations to
i- reflect the Final Order and Administrative Law Judge's recommendation. --. - -
In the Department's review of the final order and Administrative Law Judge's
recommendation,we have identified the following corrections:
1)Monroe County deleted Section 9.5-256(c)(3)a.1.2. 3.and 4.,that provides conditions
which constitute a break in pinelancls or tropical hardwood hammock for calculating the one
acre minimum patch size for designation as a Tier 1[IA (SPA). The Final Order did not
identify this section for deletion. Additionally,the Recommended Order for Case No.06-
2449GM, states, in Finding of Fact paragraph 89,that
Monroe County Ordinance No. 008-2006, except for the deletion of Section 9.5-342; Ordinance No. 009-2006;
Ordinance No.010-2006 except for Sections 9.5-256(c)(I)a.,9-5.256(c)(3),and 9-5.256(c)(3)b.2.;Ordinance
No.01 1-2006;and Ordinance No.013-2006 except for the parcels identified in Findings of fact 65,80.86,and 132,
are hereby approved.
2553 SHUMARD OAK BOULEVARD TALLAHASSEE, FL 32399.2100
850.4118-8466 (p) 850.92.1-0781 (1) Website: (,rww.dca.5tt._:41_ u .
COMMUNITY PLANNING 850-186.1)i6Iv) 850488.330910 FLORIDA COMMI.NITI ES FROST MO927.2207 Ip) 650..11 t.I737.II
HOUSING AND COMMUNITY DEVELOPMENT 850.186•'456101 850A22-562314
FffiIBIT A
Page 2 of 6
Ms.Christine Hurley,Director of Growth Management
February 9,2010:..
Page 2
Taking invasive infestation into account in determining whether a patch is large
enough to qualify as a SPA is consistent with the FKCSS, which states
Successful restoration of lands to create large patches of terrestrial habitats and
to reestablishconnectivity seems improbable. Restoration would require the
conversion:of large developed areas to.-native habitat, a goal that would face
legal constraints, as well as high costs, uncertain probability of success, and a_
long timeframe for execution...
Since the resources to address these issues are not infinite, money is better spent
acquiring larger patches in"Tier.I than in trying to restore the smaller patches
with exotic vegetation:
2)Monroe County deleted Section 9.5-256(c)(3) b.l.,that provides owners of lots designated
as Tier ILIA(SPA)an opportunity to petition for a rezoning to Tier III if the lot will be served
by a central sewer. The Final Order did not identify this section for deletion: Additionally,
the Recommended Order for Case No. 06-2449GM,states, in Finding of Fact paragraph 91,
that
[TJhis condition for removal from SPA applies only in the service area of the
North Key Largo sewage treatment plant The County and Department
determined that development should be encouraged ,'n the area served by the
North Key Largo sewer plant, even though habitat that otherwise qualified for -
designation .as.SPA existed in that ‘service area. 'Me Principles,for Guiding
Development require the County and Department`to improve nearshore water
quality, and the best way'to accomplish this goal is to construct central sei er
systems to replace septic tanks: The Work Program adopted:by the..Administration
Commission requires the County to,fund and constritet the North Key Largo ,
central sewer system, which cannot be financed or operated without a customer
base. Designating parcels:as SPA in the North Key Largo service area would -
discourage development,in.that service area. In adopting and approving this
regulation, the County and the Department appropriately.balanced the competing
goals of the Principles for Guiding Development. Given these. -unique
circumstances, the'LDR is not arbitrary..
3) Monroe County deleted=Section 9.5-256(c)(3) c., that provides hammock identified in the
• County's data base and aerial;surveys as 1:00.to 1.09 acres in area to be verified by survey
prior to its designation as Tier:1IIA. A hammock that is deemed by survey and a field review
by County Biologists to fail the minimum size criteria shall have the Tier LIMA (SPA)
designation removed from the subject parcel; The Final Order did-not identify this section •
for deletion. Additionally, the Recommended Order for Case No. 06-2449GM states. in
Finding of Fact paragraph 98, that
EXHIBIT A
Page 3 of 6
Ms.Christine Hurley,Director of Growth Management
February 9,2010
Page 3
The Tier designations were accomplished primarily by using GIS mapping data.
When applied to the larger Tier I areas, a tenth of an acre is a small error.
However, when applied to the much smaller SPA, a tenth of an acre error can be
significant. The County's choice of surveying the smaller SPAs, while not treating
the Tier I areas in the same manner, was not arbihary,
The Department requests the three subsections of Section 130-130 (previously numbered
9.5-256)of the land development regulations2 identified above:be restored to reflect Final'Order
No. DCA07-GM-166A and Administrative Law Judge's recommendation. We request a
courtesy copy of the corrected land development regulations be provided to the Department. 'A
formal rendition for issuance of a Department final order will not be necessary.
We look forward to working with the County to fully achieve the strategies of the
Monroe County Work Program in Rule 28-20, Florida Administrative Code. If you need
additional assistance, please contact Rebecca Jetton, Areas of Critical State Concern
Administrator,at(850)922-1766.
Sincerely yours,
142 jottio
Shaw P.Stiller
General Counsel
SS/res — -
cc: Mr. Bob Shillinger,Chief Assistant County Attorney
Ms.Susan Gtimsley, Assistant County Attorney
7 See attached Ordinance No.10-2006 identifying,in type and strike format,the approved amendments to the
Monroe County Land Development Regulations based upon the Department's Amended Final Order No.DCAO 7-
GM-166A.
, EXHIBIT:A
Page 4 of 6
Ordinance No.10-2006
Amendments based upon Final Order
Sec.9.5-256.Tier:overlay district :
(a) Purpose: The purpose of this Tier Overlay District is to designate geographical areas
outside of mainland Monroe County, excluding the Ocean Reef planned development, into:
tiers to assign ROGO and NROGO points, determine the amount of clearing of upland native
vegetation that may be permitted, and prioritize lands for public acquisition. The Tier
boundaries are to be depicted on the Tier Overlay District Map: Lands on Big Pine Key and
No Name Key shall be delineated as Tier I, II; or III. Lands in;the remainder of
unincorporated Monroe County, excluding the Ocean Reef planned development, shall be
delineated as Tier I,III,and III-A(Special Protection Area).
(b).Tier boundaries: Tier boundaries shall follow property lines wherever possible, except
where a parcel line or.:distinct'geographical feature,such as a canal or roadway,may be more
appropriate.
(c) Tier boundary criteria; excluding Big Pine Key and No Name Key: The Tier boundaries
are.designated using aerial photography,,data from the Florida Keys Carrying Capacity
-
Study,the endangered species. maps, property and permitting information and field
evaluation. The following criteria at a minimum are used d.to evaluate upland habitats and
designate boundaries between different Tier Overlays:
(1) Tier I boundaries shall be delineated to include one or more o`f the following criteria
and shall be designated Tier l:
b. Vacant lands, which can be restored to connect upland native habitat patches, and
reduce further fragmentation of upland native habitat.
c. Lands required to provide an undeveloped buffer, up to five,hundred (500) feet in
depth,if indicated as appropriate by special species studies,between natural areas and
development to reduce secondary impacts. Canals or roadways, depending on width
may form a boundary that removes the need for the buffer or reduces its depth.
d. Lands designated for acquisition by public,agencies for conservation and natural
resource.protection.'
e. Known locations of threatened and endangered species as defined in section 9.5-4;
identified on the Threatened and Endangered Plant and Animal Maps or the Florida
Keys Carrying Capacity Study maps,or identified in on-site surveys.
f.Conservation,Native Area,Sparsely Settled,and Off--Shore Island Land Use districts.
g. Areas with minimal existing development and infrastructure..
(2)Lands located outside of Big Pine Key and.No Name Key that are not designated Tier 1
shall be designated Tier Ill.
•
EXHIBIT A.
Page 5 of 6 .
a. The following conditions shall constitute a break in'pinelands or tropical hardwood
hammock for calculating the one-acre minimum patch size for designation of Tier[I1.
A boundaries:
1.U_ .S.Highway 1,canals and open':water
2. Any disturbed .pinclands or tropical hardwood hammock with invasive
coverage of forty,(40)percent or more;
3. Property lines of developed lots or vacant lots with a ROGO allocation award
or an issued buildingpermit,;as of September28, 2005,-located within._a Land -
Use District that allows only one unit per lot;or
4. Property lines of developed parcels of less than 10,000 square feet in area with
a.ROGOINROGO allocation award or issued building permit, as of September
28,2005,located within a Land Use District-that allows residential development
of more than one dwelling unit per parcel/lot or non-residential development.
b. Lots designated Tier III=A (Special Protection Areas) on the 11/29/05 maps may
petition the county fora rezoning to Tier III if the lot meets one of the following
criteria:
1. The lot will be served by a central sewer and the wastewater collection system -
has an approved permit that was effective 3/21/06 to construct the system on file -
from the Department of Environmental Protection; or
e heir lets'Yhat make up t e + b b a "a at. • t - '
r
Such lots may be granted a score of 30 points through an administrative determination
made by the County Biologist,the Director of Growth Management and rendered to
�''• the Department of Community Affairs until such time as the-County sponsors a -
zoning map change to update the Tier Three Overlay Zoning Map and it is approved
by the.Department of Community Affairs. _
c. Any hammock-identified in the County's database and aerial surveysas 1.0)0 to.109
acres in area shall be verified by survey prior to,its designation as Tier [Il-A A
hammock that is deemed by survey and a field review by County Biologists to fail the
minimum .size criteria shall have the Special Protection Area designation removed
from the subject parcel.,
(c) Big Pine Key and No Name Key.Tier Boundary Criteria: The Tier boundaries shall be
designated using the Big Pine Key and No Name Key Habitat Conservation Plan(2005)and,
adopted Community Master Plan.for Big Pine Key and No Name Key.
(d) Tier,overlay district map amendments:The Tier Overlay District Map maybe amended
to reflect existing conditions in an area if warranted, because of drafting or data errors or -
EIMIBIT A
Page ..6 of 6
regrowth of hammock. However, the clearing of tropical hardwood hammock or pinelands..-.
that results in the reduction of the area of an upland native habitat patch to less than the one-
acre minimum shall not constitute sufficient grounds for amending the designation of a Tier
III-A area to Tier III:The Tier Overlay District Map amendments shall be made pursuant to
the procedures for map amendments to ,this chapter. Unlawful conditions shall not be
recognized when determining existing conditions and regulatory requirements:
(e) Request for Tier I designation: Notwithstanding
eg g the provisions of Section-9.5-5.11(d)2, ,
any individual may submit an application to the planning department containing substantial
and competent documentation that an area meets the Tier I criteria. Applications must be
received by July. .'1 of each:year on a.form approved by the director of planning for.
consideration by the special master at a public,hearing advertised at least fifteen (15) days
prior to the hearing date. Said hearing by the special master shall be held prior to November
l of each year. The director of planning will review the documentation and any other,
appropriate scientific information and prepare an analysis report for the special master:.The
special master will render a written opinion to the planning commission and board of county
commissioners either that-the application meets the criteria for designating the lands as Tier:I
or that the documentation is..insufficient to warrant a-map amendment The .posting,
advertising and review will follow the procedures in sec 9.55-11(d)(3)(4),and(5)."
EXHIBIT B
Page 1 of 3
Ordinance No. 10-2006
Amendments based upon Final Order V
Sec.9.5-256.Tier overlay district
(a) Purpose: The purpose of this Tier Overlay District is to designate geographical areas
outside of mainland Monroe County, excluding the Ocean Reef planned development, into
tiers to assign ROGO and NROGO points,determine the amount of clearing of upland native
vegetation that may be permitted, and prioritize lands for public acquisition. The Tier
boundaries are to be depicted on the Tier Overlay District Map. Lands on Big Pine Key and
No Name Key shall be delineated as Tier I, [I, or [II. Lands in the remainder..of
unincorporated Monroe County, excluding the Ocean Reef planned development, shall be
delineated as Tier I,III, and III-A(Special Protection Area).
(b) Tier boundaries: Tier boundaries shall follow property lines wherever possible, except
where a parcel line or distinct geographical feature,such as a canal or roadway, may be more
appropriate.
(c) Tier boundary criteria, excluding Big Pine Key and No Name Key: The Tier boundaries
are designated using aerial photography, data from the Florida Keys Carrying Capacity
Study,the endangered species, maps, property and permitting information and field
evaluation. The following criteria at a minimum are used to evaluate upland habitats and
designate boundaries between different Tier Overlays:
(I) Tier I boundaries shall be delineated to include one or more of the following criteria
and shall be designated Tier is
.:.�.— b. Vacant lands, which can he restored to connect upland native habitat patches and
reduce further fragmentation of upland native habitat.
c. Lands required to provide an undeveloped buffer. up to live hundred (500) feet in
depth, if indicated as appropriate by special species studies,between natural areas and
development to reduce secondary impacts. Canals or roadways, depending on width -
may form a boundary that removes the need for the buffer or reduces its depth.
d. Lands designated for acquisition by public agencies for conservation and natural
resource protection.
e. Known locations of threatened and endangered species as defined in section 9.5-4, '
identified on the Threatened and Endangered Plant and Animal Maps or the Florida
Keys Carrying Capacity Study maps,or identified in on-site surveys.
f. Conservation,Native Area,Sparsely Settled,and Off-Shore Island Land Use districts.
g.Areas with minimal existing development and infrastructure.
(2)Lands located outside of Big Pine Key and No Name Key that are not designated Tier I
shall he designated Tier III. .
EXHIBIT B
Page 2of3
a. The following conditions shall constitute a break in pinelands or tropical hardwood
hammock for calculating the one-acre minimum patch size for designation of Tier.lII-
A boundaries:
1.U.S.Highway 1,canals and open water
2. Any. disturbed pinelands or tropical hardwood-hammock with invasive
coverage of forty(40)percent Or more;
3. Property lines of developed lots or vacant lots with a ROGO allocation award
or an issued building permit, as of September 28, 2005, located within a Land
Use District that allows only one unit per lot;or
4. Property lines of developed parcels of less than.10,000 square feet in area with
a ROGOINROGO allocation award or issued building permit, as of September
28,2005,located within a Land Use District that allows residential development
of more than one dwelling unit per parcel/Iot-or non-residential development.
b. Lots designated Tier I1I-A (Special Protection Areas) on the 1.1/29/05-maps may
petition the county for a-rezoning to Tier III if the lot meets one o.f the following criteria:
1. The lot will be served by a central sewer and the wastewater collection system
has an approved permit that was effective 3/21/06 to construct the system on file.
from the Department of Environmental Protection;or
Such lots may be granted a score of 30 points through an administrative determination
made by the County Biologist,the Director of Growth Management and rendered to
the Department of Community Affairs until such time as the-County sponsors a
zoning map change to update the Tier Three Overlay Zoning Map and it is approved
by the Department of'Community Affairs. . .
c. Any hammock identified in the County's data base and aerial surveys as 1.00 to 1.09
acres in area shall be verified by survey prior to its''designation as Tier 111-A A
hammock that is deemed by survey and a field review by County Biologists to fail the
minimum.size criteria shall have the Special Protection Area designation removed
from the subject parcel.
(c) Big Pine Key and No Name Key Tier Boundary Criteria: The Tier boundaries shall be
designated using the Big Pine Key and No Name Key Habitat Conservation Plan(2005)and
adopted Community Master Plan for Big Pine Key and No Name Key.
(d) Tier overlay district map amendments: The Tier Overlay:District Map may be amended
to reflect existing conditions in an area if warranted, because of drafting or data errors or
EXHIBIT B
Page 3 of 3.
regrowth of hammock. However, the clearing of tropical hardwood hammock or pinelands
that results in the reduction of the area of an upland native habitat patch to less than the onc-
acre minimum shall not constitute sufficient grounds for amending the designation of a Tier
III-A area to Tier III. The Tier Overlay District Map amendments shall be made pursuant to
the procedures for map amendments to this chapter. Unlawful conditions shall not be
recognized when determining existing conditions and regulatory requirements.
(e) Request for Tier I designation: Notwithstanding the provisions of Section-9.5-511(d)2,
any individual may submit an application to the planning department containing substantial
and competent documentation that an area meets the Tier I criteria. Applications must be
received by July 1 of each year on a form approved by the director of planning for
consideration by the special master at a public hearing advertised at least fifteen (15) days
prior to the hearing date. Said hearing by the special master shall be held prior to November
1 of each year. The director of planning will review the documentation and any other
appropriate scientific information and prepare an analysis report for the special master. The
special master will render a written opinion to the planning commission and board of county
commissioners either that the application meets the criteria for designating the lands as Tier I
or that the documentation is insufficient to warrant.a map amendment. The posting,
advertising and review will follow the procedures in sec.9.5-511(d)(3)(4)and (5)."
•
ORDINANCE NO. 010-2006
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING THE AMENDMENTS TO THE
MONROE COUNTY LAND . DEVELOPMENT REGULATIONS TO
IMPLEMENT GOAL 105 OF THE 2010 COMPREHENSIVE PLAN AND
THE TIER OVERLAY SYSTEM BY. AMENDING SECTION 9.5-256,
TIER OVERLAY DISTRICT; PROVIDING ' CRITERIA FOR
DESIGNATION OF TIER BOUNDARIES; PROVIDING A MECHANISM
FOR TIER OVERLAY DISTRICT MAP AMENDMENTS; PROVIDING
FOR REPEAL OF ALL ORDINANCES INCONSISTENT. HEREWITH;
PROVIDING FOR INCORPORATION IN THE MONROE COUNTY
CODE _ OF ORDINANCES; DIRECTING THE PLANNING AND
ENVIRONMENTAL 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 public
hearings held in December 2004, January,February, March,.April, May and June, 2005, and '
March 2006,reviewed and considered a proposed amendment to provide criteria and procedures -
for enacting a Tier Overlay District Map designation on the Monroe County 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 directed staff to
prepare text and map amendments in Ordinance No. 018-2004 adopted June 16,2004,to include
criteria for delineation of Tier boundaries in accordance with Goal 105;
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. .
2. _The specific Tier Map designation criteria and Tier Overlay District were developed
following the general criteria in Goal 105, identifying areas appropriate for additional
development and those which are important environmentally and should be preserved. -
3. The Planning Commission, after hearing public comments and staff input at four
public hearings on the draft criteria,recommended approval on November 3,2004,to the Board
of County Commissioners of the proposed amendments to the Land Development Regulations.
P:1Tier\Tier Overlay Criteria-031506.doc
Page 1 of 7
4. The Board of County Commissioners during the series of public hearings held in the
first part of 2005,directed staff to make revisions to the boundary criteria for delineation of Tiers
and by changing all Tier II designations outside of Big Pine Key and No Name Key to a Tier III
designation.
5. 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 regarding the need for further habitat protection in formerly Tier II designated areas.
6. 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 in Tier III.
7. The Growth Management Division staff prepared specific-criteria for the delineation
of the Tier III-A(Special Protection Area).
•
8. 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.
9. 'Hammock size is a major detenninate 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.
10. 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 significant upland
native habitat patches.
•
11. Tier III-A, referred to as "Special Protection Area" in the Comprehensive Plan,
includes isolated upland native habitat patches of one acre or more in area that require increased
protection from development.
12. The Tier Overlay District regulations, established for Big Pine Key and No Name
Key by Ordinance 29-2005, created a new Section 9.5-256, Monroe County Code that
establishes a mechanism for implementation'of the Tier System by overlaying the Land Use
District Map and amending the boundaries of the Tier System.
13. The Board of County Commissioners has reviewed the proposed amendments to
Section 9.5-256 to incorporate specific criteria for designation of Tier I, III, and III-A (Special
Protection Areas)boundaries.
[THE REMAINDER OF THE PAGE IS LEFT INTENTIONALLY BLANK.] -
P:\Tier\Tier Overlay Criteria-031506.doc
Page 2 of 7
NOW THEREFORE, BE IT ORDAINED . BY. THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA,THAT:
Section 1: The boundary criteria for Tier I, II, III, and III-A (Special Protection Area) are
consistent with and further the goals, objectives and policies of the Year 2010 Comprehensive
Plan,particularly Goal 105 and its,associated objectives and policies;
Section 2: Section 9.5-256,Monroe County Code,is hereby amended that reads as follows:
"Sec.9.5-256.Tier overlay district.
(a) Purpose: The purpose :of this Tier Overlay District is to designate
geographical 'areas outside of mainland Monroe County, excluding.the Ocean Reef
planned development, into tiers to assign ROGO and NROGO points, determine the
amount of clearing of upland native vegetation that may be permitted, and prioritize-lands
for public •acquisition. The Tier boundaries are to be depicted on the Tier Overlay
District Map: Lands on Big Pine Key and No Name Key shall be delineated as Tier I,II,
or III. Lands in the remainder of unincorporated Monroe County, excluding the Ocean
Reef planned development,shall be delineated as Tier I,III, and III-A(Special Protection
Area). -
(b), Tier boundaries: Tier boundaries shall follow property lines wherever
possible, except wherea parcel line or distinct geographical feature, such as a canal or
roadway,maybe more appropriate.
(c) ;-Tier boundary criteria, excluding Big Pine Key and No Name Key: The
Tier boundaries are designated using_aerial photography, data from the Florida Keys'
Carrying Capacity Study,the endangered species maps, property and permitting
information and field evaluation. The following criteria at a minimum are used' to
evaluate upland habitats and designate boundaries between different Tier Overlays:
(1) Tier I boundaries shall be delineated to include one or more'of the
following criteria and shall be designated Tier I:
a. Natural areas including,old growth as depicted on the. 1985
Existing Condition" Map and new growth of upland native
vegetated areas identified by up-to-date aerials and site surveys,
above four(4)acres in area.
b. Vacant- lands, which can be restored 'to connect upland native
habitat-patches and reduce further fragmentation--of upland native
habitat. -
c. Lands required to provide an .undeveloped buffer, up'to five-
hundred (500) feet in depth, if indicated as appropriate by special
species studies, between natural areas and development to reduce
secondary impacts. Canals or roadways, depending on width may
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form a boundary that removes the need for the buffer or reduces its
depth.
d. Lands designated for acquisition by public agencies for
conservation and natural resource protection.
e. Known locations of threatened and endangered species as defined
in section 9.5=4, identified on the Threatened and Endangered
Plant and Animal Maps or the Florida Keys Carrying Capacity
Study maps,or identified in on-site surveys.
f. Conservation,Native Area, Sparsely Settled, and Off-Shore Island
Land Use districts.
g. Areas with minimal existing development and infrastructure.
(2) Lands located outside of Big Pine Key and No Name-Key that are not
designated Tier.I shall be designated Tier M.
(3) Designated Tier III lands located outside of Big Pine Key and No Name
Key with tropical hardwood hammock or pinelands of greater than one
acre in area shall be designated as Special Protection Areas.
a. The following conditions shall constitute.a break in pinelands or
tropical hardwood hammock for calculating'the one-acre minimum
patch size for designation of Tier III-A boundaries:
1. US.Highway I,canals and open water
2. Any disturbed pinelands or tropical hardwood hammock
with invasive coverage of forty(40)percent or more;
3. Property lines of developed lots or vacant lots with a
ROGO allocation award or an issued building permit, as of
September 28, 2005, located within a Land Use District •
that allows only one unit per lot;or '
4. Property.lines of developed parcels of less than 10,000
square feet in area with a ROGO/NROGO allocation award
or issued building permit, 'as of September 28, 2005,
located within a Land Use District that allows-residential
development of more than one,dwelling unit per parcel/lot
or non-residential development.
b. Lots designated Tier III-A(Special Protection Areas)on the
11/29/05 maps may petition the county for a rezoning to Tier III if
the lot meets one of the following criteria: '
1. The lot will be served by a central sewer and the
wastewater collection system has an approved permit
that was effective 3/21/06 to construct the system on
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•
file from the Department of Environmental Protection;
or
2. The lot is located within a one acre patch of
hammock that is divided from the other lots that make
up the one acre or more patch by a paved road that is
at least 16 feet wide.
Such lots may be granted a score of 30 points through an
administrative determination made by the County Biologist, the
Director of Growth Management and rendered to the Department
of Community Affairs until such time as the County sponsors a
zoning map change to update the Tier Three Overlay Zoning Map
• and it is approved by the Department of Community Affairs.
c. Any hammock identified in the. County's- data base and aerial _.
surveys as 1.00 to 1.09 acres in area shall be verified by survey
prior to its designation as Tier III-A A hammock that is deemed
by survey and a field review by County Biologists to fail the
minimum size criteria shall have.the . Special Protection Area
designation removed from the subject parcel.
(c) Big Pine Key and No Name Key Tier. Boundary Criteria: The Tier
boundaries shall be designated using the Big Pine Key and No Name Key Habitat
Conservation Plan(2005)and adopted Community Master Plan for Big Pine Key and No
Name Key.
(d) Tier overlay district map amendments: The Tier Overlay District Map
may be amended to reflect existing conditions in an area if warranted,because of drafting •
or data errors or regrowth of hammock. However, the clearing of tropical hardwood
hammock or pinelands that results in the reduction of the area of an upland native habitat
patch to less.than the one-acre minimum shall not constitute sufficient grounds for
amending the designation of a Tier III-A area to Tier III: The Tier Overlay District Map
amendments shall be made pursuant to the procedures for map amendments to this
chapter. Unlawful conditions shall not be recognized when determining existing
conditions and regulatory requirements.
(e) Request for Tier 'I designation: Notwithstanding the provisions of
Section-9.5-511(d)2, any individual may submit an application to .the planning
department containing substantial and competent documentation that an area meets the
Tier I criteria. Applications must be received by July 1 of each year on a form approved
by the director of planning for consideration by the special master at a public hearing
advertised_at least fifteen (15) days prior to the hearing date. Said hearing by the special
master shall be held prior to November 1 of each year. The director of planning will
review the documentation and any other appropriate scientific information and prepare an
analysis report for the special master. The special master will render a written opinion to
the planning commission and board of county commissioners either that the application
meets the criteria for designating the lands as Tier I or that the documentation is
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•
insufficient to warrant a map amendment. The posting, advertising and review will
follow the procedures in sec. 9.5-511(d)(3)(4)and(5)."
Section 3. 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 4. 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 5. 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 6. This ordinance shall be filed in the Office of the Secretary of State of Florida. This
ordinance shall not become effective until July 14, 2006, but not prior to or without a notice
issued by the Department of Community Affairs or Administration Commission approving the
ordinance.
Section 8. 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 9. 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.
[THE REMAINDER OF THE PAGE IS LEFT INTENTIONALLY BLANK.]
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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 15th day of March ,A.D.,2006.
Mayor Charles"Sonny"McCoy got present
Mayor Pro Tern Murray Nelson • Yes
Commissioner George Neugent Yes
Commissioner David Rice Not Present
Commissioner Dixie Spehar Yes
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY,FLORrDA
BY:
Ma inr Chairnerso .
Mayor Pro Tem Murray Nelson
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
ROE COUNTY
B .r. 4
epu Clerk
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