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Ordinance 006-2011 I I , I , -ORDINANCE 006 - 2011. , • • - •-• • • • • • - AN ORDINANCE BY THE MONROE COUNTY BOARD OF COON - .; COMMISSIONERS ASSIGNING TIER OVERLAY DISTRICT DESIGNATIONS TO TO APPROXIMATELY ONE HUNDRED TEN (110) PARCELS DETERMINED TO• HAVE NO TIER ON THE TIER OVERLAY DISTRICT MAP • - • FOR MONROE COUNTY IN,D0A1-1 CASE NO 06-2449GM WHICH PARCELS ! ! HAVE BEEN THE SUBJECT OF-AWARD OF ALLOCATION IN THE RATE RF ! GROWTHi(RpGo) COMPETITION OR HAVE BEEN ISSUED BUIL0111sliG !I PERMITS;-PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL, CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO 1:1171E , DEPARTMENT, OF -!COMMUNITY AFFAIRS AND THE SECIRETARY, OF STATE, PROVIDING FOR AN EFFECTIVE DATE -- I I - • - - - f r- WHEREAS, the Monroe County Board of County Commissioners hereby maicei the following:Finctings-Of Fact: • - - 1.The Monroe County Board of County Commissioners (BOCC) adopted Ordinances Nos. 008-2006, 009-2006, 010-2006, 011-2006, and 013-2006 (Tier Ordiriances)Aivhh - r, I '; • set forth criteria in the Land Development Regulations implementing a !Tier SyStem' and adopting Tier Overlay District Maps in order to protect the natural habitat and guide development toward less environmentally sensitive areas; ; - 27-he Tier Ordinances were challenged by the Florida Keys Citizens Inc CoalitiOn; ... 4td Protect Key West and the Florida Keys, Inc. d/b/a Last Stand-in DOAH Case No.! 06 2449GM as being inconsistent with Section 380.0552(7) Florida Statutes, . 1. 3.The Tier Ordinances implemented the categorization of properties by habitat provided in the Monroe County.2010 Comprehensive Plan into_three categories! bf . - properties as follows: ; Tier I — Conservation and Natural Area , ; , • , ; ! Tier Ill —A Special Protection Area (SPA) {within this ordinance and ;on. attached'exhibits, Tier III-A and SPA are used interchangeably}, , - -1 Tier III Infill Area. - ; — f 4.The Administrative Law,Judge issued his Recommended Order,(All Order) on!JUne 26, 2007; #2 BOCC 03/22/2011 05/04/2011 Final Pg 1 ! ! - I ; • ; 1[ i 1: tI : 5.Department of Community Affairs Secretary Thomas G. .Pelham signed a Final Order . !I (Order) on September 26, 2007, incorporating the findings of fact and conclusionsi o law from the All Order and accepting the recommendations in the All Order; . . 6. On January 2, 2008, Department of Community Affairs Secretary Thomas G. Pelham i- I executed an amended Final Order correcting a scrivener's error for a section Of Monroe County Code which did not exist; - • , ;, 1 7. The Order determined that the four(4) acre minimum threshold for Tier 1 deSigriation J : • and the one (1) acre minimum threshold for Tier III-A.as criteria in Ordinance 1072006 were arbitrary-in the land development regulations and those thresholds'for habitat protection were deleted from the Monroe County Land Development Regulations by the Final Order;: I 1 • _ 8. The Order did nothing to invalidate any Portion of .the Monroe County 2010 Comprehensive Plan; 9. The Order determined that division of parcels by,a road of Sixteen feet or more:was , , • • : _ not a basis to petition for a Tier III-A property to become Tier III; : I 10. The Order invalidated the tier designations of approximately Three Thousand Two - Hundred (3,200) parcels; I 11. The 2008, 2009, and 2010 "Thirty Day Report" provided as required .in Florida Statute Sec. 380.0552(4) regarding progress under the 10 year work program puryaint to the Monroe county Comprehensive Plan required Monroe County (County)was prepare new habitat data based on the best available ortho-photography, which was completed September, 2009; 12. The 2008, 2009 and 2010 "Thirty Day Report" also required that the C8Unty [ HI convene a Tier Designation Review Committee (TDRC) with members selected by he Department of Community Affairs to-make recommendations to the BOCC to adjust the ;1 tier designations on those parcels rendered "tierless" using the new habitat data; I - , 13.There are approximately One Hundred.Ten (110) :parcels which have no tier fon . • . 1 ; which ROGO allocations or building permits have been issued in the Rate of Growth Ordinance building permit allt?cation system since the Order; . I 14.AMendments to the Tier Overlay District Maps shall be made pursuant- tth thIe • - , I " 1 procedures for land use district map amendments according to Monroe County Code , Section 130-130(e); - • - _ 15. The criteria for the tier Overlay district map designations Tier I, Tier Ill-A and 1ier Ill are in Section 130-130 of the Monroe County Code (Code), formerly Sec. 9.57256 as #2 BOCC 03/22/2011 05/04/2011 Final . 2 -, • 1 , - , 1 ; I 1 . ; amended by the Final Order concerning Ordinance 10-2006 and in the Monroe COunty Year 2010 Comprehensive Plan (Plan) Policies 102.7.3, 103.2.1,105.2.1 and 205.1.1 'all , attached as:Exhibit C; 1 , 1 16. The Comprehensive Plan Policy 205.1.1 still includes as one of the Tier 1 criilrlia the four (4) acre threshold; however, there are other relevant criteria listed to deScribd ; and classify Tier 1 properties; - • 17. The Comprehensive Plan Policy 205.1.1 states that lands located outside off I3ig Pine Key and No Name Key with tropical hardwood hammock of one (1) acre or greater in area shall be designated as Special Protection Areas; the one acre criteria remains in • , ,: the Comprehensive Plan. . ; ; , ,. • 18. The TDRC was convened on February 23, 2010, and met on March 25, 2010,Marchl 26, 2010, April 22, 2010,April 23, 2010, July 15, 2010, and July 16, 2010, to revielliti ihel . , I I tier overlay district designations for the parcels described above using the criteria in the ' Code and the Plan; ; . : 19. The TDRC took and considered public input for specific parcels at its meetings of . August 19, 2010 and August 20, 2010; , ; . 20.The TDRC considered a three-page series of color aerial maps numbered 1 through 86 with reference data which showed: a. Previous Conditions (area of parcels, previous tier status as undesignated - li or with designations, and surrounding parcels and area) b. • Land Use District Map Designation(Zoning) 'I . ; c. Future Land Use Map Designation . d. Land Cover Hammock , e. U.S. Fish and Wildlife Listed Species (2009) f. Land Cover Habitat 2009 (different vegetative communities) g. ELC Challenged Area boundaries (areas needing tiers as a result of the . ; DOAH Case No.. 06-2449GM) h. Kreuer 2006 recommendations (Plaintiffs expert's recommendations for ; • ., ; 1 the challenged areas resulting from the DOAH Case No. 06-2449GM); ! ; 21. The TDRC met on September 30,2010, considered staff input, the criteria for each ' tier designation as it related to the particular parcels on the maps, :and apprOVed ! 1 1 : H recommended amendments to maps numbered 1 through 86 to move forward to, the BOCC; I ; 1 22. Monroe County Staff evaluated the TDRC recommendations from September pay 2010, and recommended changes to some parcel designations on Maps numberecl 8, ' I #2 BOCC 03/22/2011 05/04/2011 Final Page 3 ; . I -1, i 10, 12, 25, 29, 30, 35, 40, 54, 57,58, 59, 69, and 78 as outlined in the Staff Report ;' • dated October 6, 2010; j sit H ' 23. The Monroe County. Development. Review Committee met October 15, 201 ! , to '. . 1 '1 consider the TDRC recommendations . of September 30, 2010, and ;i 'staff recommendations in the Staff Report of October 6, 2010, and also took comment�fr'om 1I i the public; ; 24.The Planning Commission held a public hearing at its regular meeting on November 16, 2010 and at a regular meeting on December 1, 2010, to consider the amendments I, to the Tier Overlay District Maps; I . . 25. The Nanning Commission considered a three-page. series. of color aerial .ma s i ' ' } g . p ; .. Numbered 1 through 86 with reference data which showed: 11 f . a. Previous Conditions (area of parcels, previous tier status as undesignated • or with designations, and surrounding parcels and area) 1 , b. Land Use District Map Designation(Zoning) I � c. Future Land Use Map Designation d. Land Cover Hammock 1. _ II Ii. e. U.S. Fish and Wildlife Listed Species (2009). F f. Land Cover Habitat 2009 (different vegetative communities) g. - : ELC Challenged Area boundaries (areas needing tiers as a result of, the DOAH Case. No. 06-2449GM f h. Kreuer 2006" recommendations (Plaintiff.'s expert's recommendations for the challenged areas resulting from the DOAH Case No.. 06-2449GM)4;. i. TDRC and Staff:recommendations from.September 30;' 2010, except for Maps Numbered 8, 10, 12; 25, 29; 30, 35, 40, 54, 57,58, 59, 69,:and 78 " 11 for which separate recommendations were:provided by TDRC and Staff: . i I !1 I ; r 11 I 26.The Planning Commission considered the criteria in,CodeSection 130-130 and in Plan Policies 102.7.3, 103.2.1,105.2.1 and 205.1.1, public comment, staff : . j recommendations,. and the Staff.Report dated;November 3, 2010; k , 27. The Planning Commission recommended adoption of this .ordinance'affecting! he Tier Overlay District Maps with some Changes as described in.the.Staff Report to the � Board.of County Commissioners.and as shown in Exhibit D and found this.ordinance consistent with the Monroe County Year 2010 Comprehensive Plan; I ! I 28. The BOCC held public hearings on March 22, 2011, and May 04, 20111 f 29. The BOCC considered a:three-page series of color aerial maps Numbered 1 through 86.with reference data (Exhibit D)which showed: #2 BOCC 03/22/2011, 05/04/2011 Final Page I ' • II a. Previous Conditions (area of parcels, previous tier status as undesigna• ted or with designations, and surrounding parcels and area) 1 b. Land Use District Map Designation(Zoning) c. Future Land Use Map Designation d. Land Cover Hammock e. U.S. Fish and Wildlife Listed Species (2009) f. Land Cover Habitat 2009 (different vegetative communities) I I i g. ELC Challenged Area boundaries (areas needing tiers as a result of, ; the DOAH Case No. 06-2449GM . I I h. Kreuer 2006 recommendations (Plaintiffs expert's recommendations for ! the challenged areas resulting from the DOAH Case No. 06-24.49GI* • i 1 TDRC, Staff, and Planning Commission recommendations from Decemter 11 1, 2010, except,for Maps Numbered 5, 8, 10, 12, 17, 19, 20, 25, 29. 3j0, : •; , ; I 33, 35, 40, 54, 57,58, 59, 69, and 78 for which separate recommendations were provided by TDRC, Staff, and/or the Planning Commission; 30.The BOCC considered the/criteria in Code Section 130-130 and in Plan Po,liciies ! i 102.7.3, 103.2.1,105.2.1 and 205.1.1, public comment, Planning Commission recommendations and comments, staff recommendations and the Staff Reports dated March 4, 2011 and April 20, 2011; 11 31.Exhibit E to this Ordinance is a black and white rendition of the amendments to the !. ; Tier Overlay District Maps which reflects the changes to each real estate parcel listed on Exhibits A and B which state the designation, amended designation or ratifies the ' existing designation of the parcels which are the subject of this ordinance; and WHEREAS, the BOCC specifically finds that this ordinance is consistent with' the :.'1 :1 Monroe County Year 2010 Comprehensive Plan; h I: ! ; j NOW,THEREFORE,BE. IT ORDAINED BY THE BOARD OF , COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: I Section 1.. Recitals. The foregoing recitals are incorporated as though fully set forth ' ' ' ' 1 herein. 1 Section 2.Undesignated Previous Tier I to Tier I. The undesignated parcels rendered tierless and previously designated Tier I which are now designated Tier I are shownon Exhibit A. Section 3.Undesignated Previous Tier I to Tier III-A. The undesignated parcels rendered tierless and previously designated Tier I which are now designated Tier 111 fA - (SPA) are shown on Exhibit A. !. #2 BOCC 03/22/2011 05/04/2011 Final Sage 5 I 1 j -I I • Section 4:Undesignated Previous Tier I to Tier 'III. The undesignated parcels ;: rendered tierless and previously designated Tier I which are_now designated Tier. ill are shown on.Exhibit A. Section .5.Undesignated Previous Tier III-A .to Tier I. The;_undesignated parcels I rendered tierless and previously designated Tier III-A (SPA) which are now designated Tier I are shown on Exhibit A. ! Section 6,Undesignated Previous Tier III-A to Tier III-A. The undesignated parcels rendered tierless and.previously designated Tier III-A (SPA) which are now.designated , Tier III-A((SPA) are shown on Exhibit A. ! I Section 7.Undesignated Tier Ill-A to Tier III. The undesignated parcels rendered tierless and previously designated Tier.ill-A.(SPA)which are now designated Tier Ill are shown on Exhibit A. , l Section 8.Undesignated Previous Tier HI to Tier I. The undesignated parcels ; i j j rendered tierless and previously designated Tier III which are now designated Tier I are - shown on Exhibit A. . ! 1 ! • Section .9:Undesignated Previous. Tier III to Tier. III-A. The undesignated parcels rendered tierless and previously designated Tier III which are no w designated:Tier III- is A(SPA) are shown on Exhibit A. Section. .10.Undesignated .Previous. Tier III to Tier Ill. .The undesignated :perceis ! rendered tierless and previously designated Tier III which are now designated Tier111 11 are shown on Exhibit A. r ; 1 Section .11.Previous Designation Tier I. to Tier I. The tier designations for pa is Is ,;: . with a designation of Tier I remaining Tier 1! are shown on Exhibit B. - t Section 12.Previous Designation Tier to Tier III-A. The tier designations for parcels { with a designation of Tier 1 being re-designated Tier l ll-A are shown on Exhibit B. 11 • : Section 13.Previous Designation Tier I'to Tier Ill. The tier designations for parcels with a designation of Tier 1 being re-designated Tier III are shown on Exhibit B. . j Section 14.Previous=Designation Tier III-A to Tier I. The tier designations for parcels [ with a designation of.Tier III-A being re-designated Tier,1 are shown on.Exhibit B. Section 15:Previous Designation Tier III-A to Tier.III-A. The Tier designations for 11 parcels with a designation of Tier III-A remaining Tier III-Aare shown on Exhibit B. 'f • • I #2 BOCC 03/22/2011 05/04/2011Finai Page 6� 1 { ii , I Ij j ; , 1 Section 16.Previous: Designation Tier III-A to .Tier III. The Tier designations: for parcels with a designation of Tier III-A being re-designated Tier III are shown on Exhibit !`'i I ! • ' i t B. t Section 17.Previous Designation Tier III to Tier I. The Tier designations for.parcels ; j with a designation of Tier III being re-designated as Tier I are shown on Exhibit B. 1 ' 1 Section 18.Previous: Designation' Tier III to Tier III-A. The Tier designations for parcels with a designation Tier III being re-designated as Tier III-A(SPA) are 'shown on . Exhibit B. I i. l. Section 19.Previous Designation Tier III to Tier III. The Tier designations for parcels with a designation of Tier III remaining Tier III are shown on Exhibit B. Section 20. .Map Depiction. The changes listed above are shown: on Exhibit E attached, those changes are to be reflected in the County's GIS system and as . I ; amendments to the Tier Overlay District Maps adopted by Ordinance 013-200,6 !on March 21, 2006 and supersede any other maps including the color aerial maps used in ;. 1 Exhibit D. Section 21. Updated Maps. Staff is directed to update the Tier.Overlay District Maps with the amendments as shown on Exhibit E. I I I I Section 22. Severability . It is the intent of the BOCC that as many parcels as possible i shall be designated with a tier designation. In the event of a challenge to this ordinance, _ it is the express intent of the BOCC that any parcels that may be excluded and whose ' tier designations may remain, be allowed to remain valid, and that any challenge bel confined to those parcels enumerated in any such challenge. If any section,paragraph; subdivision, clause, sentence or provision of this ordinance shall be.adjudged b a. court of competent jurisdiction to be invalid, such judgment shall not affect, impair; i invalidate, or nullify the remainder of this ordinance,_but the effect thereof shall be . confined to the section, paragraph, subdivision, clause, sentence, or - provision 1, immediately involved in' the controversy in which such judgment or decree shall be I { rendered. Section 23.Repeal of Conflicting Provisions. The provisions of:the Monroe County Code and all Ordinances or parts of Ordinances in conflict with the provisions of this . Ordinance are hereby repealed. f 1 Section 24. Transmittal. This ordinance shall be transmitted by the Planning I and Environmental Resources Department to the Florida Department of Community Affairs as required by F.S. 380.05 (11) and F.S. 380.0552(9). ' I I #2 BOCC 03/22/2011 05/04/2011 Final Page 7 i . i 1 , . Section 26.Filinq. 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 Departmnt I 1 of Community Affairs or Administration Commission approving the ordinance and' 6.f-e any appeal period. Section 26. Effective Date. This ordinance shall become effective as provided bli, lawr • and stated above. - 1 ! ! II i - 1 1 , 1 i ; ! ! i ' ' I PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a Special Meeting of said Board on the 4th day of May, 2011. , • '! ! i 1 Mayor Heather Carruthers . Yes I ; Mayor pro tern David Rice Absent Commissioner Sylvia Murphy Yes Commissioner George Neugent Yes i • ; Commissioner Kim Wigington Absent , 1 • 1 . *I: I 1 , — BOARD OF COUNTY COMMISSIONERS OF MONRO CO TY, FLORIDA • - fl ,.. By: r H er Carruthers ! ! ! ! „ ..6,...-.: #, "71.C-1--)-77 "Irt.' '" ' ; • . , :..-.0 r-,•a.,-; -.." C:-.3 . „ : Danny L. Kolhage, CLERK t---)•.---;I____:- -.5 _,.., ., By: at-kQe. la&4i-twutAlid) Deputy Clerk c_..7.7..3 cz) rij 7-30 :V: -• -- rt....,? Itri . --4 -':.:-ji"7"' -7q --f-L7-', .,:,L"• -• :- MONROE COUNTY ATT NY O ,... ', .44 ji="TO R • • • Date: 71/7/cly I//zaa// , 1 • J #2 BOCC 03/22/2011 05/04/2011 Final Pagp 8 : : 1 1 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ASSIGNING TIER OVERLAY DISTRICT MAP DESIGNATIONS TO APPROXIMATELY ONE HUNDRED TEN (110) PARCELS DETERMINED TO HAVE NO TIER ON THE TIER OVERLAY DISTRICT MAP FOR MONROE COUNTY IN DOAH CASE NO.O6- 2449GM WHICH PARCELS HAVE BEEN THE SUBJECT OF AWARD OF ALLOCATION IN THE RATE OF GROWTH (ROGO) COMPETITION OR HAVE BEEN ISSUED BUILDING PERMITS EXIMU A Section 2. Undesignated Previous Tier I to Tier I. The undesigmated parcels rendered tiedess and previously designated Tier I NONE Section 3. Undesignated Previous Tier I to Tier III -A. The uignated parcels rendered tierloss and previously designated Tier I which are now designated Tier III -A (SPA) NONE Section 4. Undesignated Previous Tier I to Tier III. The undesignated parcels rendered tierless and previously designated Tier I which are now designated Tier III NONE Section 5. Undesignated Previous Tier 1II-A toTier I. The mdmpaftd parcels rendered daless and previously designated Tier III -A (SPA) NONE U Tmr -A to Tier IB -A. The uades>gnsted parcels tiedess and previously amignew Tier III-A. (SPA) which are now design Trer IIl- A SPA NONE Section 7. Undesignated Tier IIL -A to Tier ]IL The undesigoated parcels rendered tierless and previously designated Tier III -A (SPA) which are now designated Tier III 00549370- 000000 Section 8. Undesipaud Previous Tier III to Tier L The undes4pm tad parcels rendered tierless and previously designated Tier III which are now designated Tier I 00210811 -007100 Section 9. Undesigeamd Previous Tirr III to Tier III-A. The tmdesigwed Parcels rendered derless and previously designated Tier III which are now desigmted Tier III-A(SPA) 00445810-000000 00502010- 000000 00446960- 000000 00526620 -000000 00447080 - 000000 00526630- 000000 00447090 - 000000 ODS45020 -000000 Section 10. Undaignatgd Pmvim Tier III to Tier UL The undmigamd parcels rendered tierless and previously desigmted Tier III which an now desigmted Tier III 000000 00530800-000000 00166977- 003600 00186260 - 000000 00222660 -MOOC 00465740 - 000000 00490750-000000 00501900 00166977 -003700 00186270 - 000000 00445920 -000000 00465750- 000000 00491020 - 000000 00501950 -000000 00530860- 000000 00166977- 003800 00186460-000000 00446820 -000000 00466460- 000000 00496660 - 000000 00510290- 000000 00530870- 000000 00166977 -003900 00186470-000000 00447430 -000000 00467300 -000000 00496680 - 000000 00511330-000000 00544020 -000000 00166977- 004200 00186620-000000 00447440 -000000 00467380-000000 00497040- 000000 00512750- 000000 00544030-000000 00166977 -004300 00188684001300 00447450- 000000 00468330-000100 00497050 -000000 00523050- 000000 00544690-000000 00166977- 004900 00188684 -001500 00451470 - 000000 00468420 - 000000 00497700 -000000 00527400 - 000000 00545010- 000000 00169560 -000000 00188684- 001700 00456850 -000000 00468430- 000000 00497720 -000000 00527670-000000 00545650 -000000 00169570- 000000 00189530-000000 00456870- 000000 00483570 - 000000 00497730 - 000000 00527740 -000000 00545830 - 000000 00170630 -000000 00189630-000000 00456880 -000000 00489230 -000000 00497760-000000 00528090 -000000 00545920 -000000 00170640 -000000 00210811-004900 00463940 -000000 00489320-000000 00497770 - 000000 00528240 - 000000 00548820- 000000 00171310 -000000 00210811- 007000 00464090- 000000 00489570 -000000 00497780 -000000 00528440 - 000000 00548840-000000 00172000-000000 00222640- 000000 00464100 - 000000 00489870 -000000 00497800-000000 00530570 - 000000 00552090-000000 00178020 -000OW I 00222650- 000000 00464290 - 000000 00490480- 000000 00497810-000000 00530580 -000000 00552870-000000 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ASSIGNING TIER OVERLAY DISTRICT MAP DESIGNATIONS TO APPROXIMATELY ONE HUNDRED TEN (I 10) PARCELS DETERMINED TO HAVE NO TIER ON THE TIER OVERLAY DISTRICT MAP FOR MONROE COUNTY IN DOAH CASE NO.06- 2449GM WHICH PARCELS HAVE BEEN THE SUBJECT OF AWARD OF ALLOCATION IN THE RATE OF GROWTH (ROGO) COMPETITION OR HAVE BEEN ISSUED BUILDING PERMITS EXHIBIT B Section 11. Previous Designation Tier Ito Tier I. The tier designations for parcels with a designation of Tier I remaining Tier 1 00289710 - 000000 Section 12. Previous Designation Tier I to Tier III -A. The tier designations for parcels with a designation of Tier 1 being redesignated Tier III -A NONE Section 13. Previous Designation Tier I to Tier III. The tier designations for parcels with a designation of Tier 1 being redesignated Tier III 00449410 -000000 Section 14. Previous Designation Tier III -A to Tier L The tier designations for parcels with a designation of Tier IIIA being redesignated Tier 1 NONE Section 15. Previous Designation Tier III -A to Tier III -A. The Tier designations for parcels with a designation of Tier III -A remaining Tier III -A NONE Section 16. Previous Designation Tier III -A to Tier III. The Tier designations for parcels widk a designation of Tier III -A bang redesignated Tier III NONE Section 17. Previous Designed= Tier III to Tier L The Tier designations for parcels with a designation of Tier III being redesignated as Tier I NONE Section 18. Previous Designation Tier M to Tier HI-A. The Tier designations for parcela with a designation Tier III being redesignated as Tier 111-A(SPA) NONE Section 19. Previous Designation Tier DII to Tier III. The Ter designations for panels with a designation of Tier III remammg Tier III NONE Exhibit C Page Z of CURRENT MONROE CODE SECTION 130 -130 Sec„ 130 -130. - Tier overlay district. (a) Purpose. The purpose of the tier overlay district is to designate geographical areas outside of the mainland of the 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 1, II, or 111. Lands in the remainder of the unincorporated county, excluding the Ocean Reef planned development, shall be delineated as tier I, 111, 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: (1)Tier I boundaries shall be delineated to include one or more of the following criteria and shall be designated tier I: a. Vacant lands which can be restored to connect upland native habitat patches and reduce further fragmentation of upland native habitat. b.Lands required to provide an undeveloped buffer, up to 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. c.Lands designated for acquisition by public agencies for conservation and natural resource protection. d.Known locations of threatened and endangered species, as defined in section 101 -1, identified on the threatened and endangered plant and animal maps or the Florida Keys Carrying Capacity Study maps, or identified in on -site surveys. e.Conservation, native area, sparsely settled, and offshore island land use districts. f.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 III. 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 her III -A boundaries: I.U.S. Highway 1, canals and open water; 2.Any disturbed pinelands or tropical hardwood hammock with invasive coverage of 40 percent or more; Exhibit C Page 2 of 7 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 /lot or non - residential development. b. Lots designated tier III -A (Special Protection Areas) on the November 29, 2005 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 March 21, 2006 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 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. (d)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 the adopted community master plan for Big Pine Key and No Name Key. (e;►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. (f)Request for tier I designation. Notwithstanding the provisions of section 102- 158(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 magistrate at a public hearing advertised at least 15 days prior to the hearing date. Said hearing by the special magistrate 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 magistrate. The special magistrate 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 section 102- 158(d)(3), (d)(4) and (d)(5). Exhibit C Page 3 of 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, Q, or 111. 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: (1) Tier I boundaries shall be delineated to include one or more of the following criteria and shall be designated Tier I: agd now grevv& of upimd mfiye yagetimied areas identified by up te date aerials and �— 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 ;Ind 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 Tior I shall be designated Tier Ill. Eahib►ft. C Page 4 of 7 (3) I) Tie* JA 1wWs leeaW outside of Big Pine Key and Ne Key wit 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. 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 /lot or non - residential development. b. Lots designated Tier Ill -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 file from the Department of Environmental Protection; or 2. The W is le aced y 4t his a else arose pe ts . of h °°L 8h is di "�£�'� Y leeM 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 Y--- -- the Department of Community Affairs until such time as tire- 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. (dl) 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 C Page 5 of 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 "Pier Ill -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 1 designation: Notwithstanding the provisions of Section- 9.5- 511(d)2, arty 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 I 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 rifteen (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. 'rhe 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 -51 I(d)(3)(4) anti (5)." Exhibit C Page 6 of 7 MONROE COUNTY COMPREHENSIVE PLAN POLICIES FOR TIER SYSTEM Policy 102.7.3 Monroe County shall discourage developments proposed on offshore islands by methods including, but not limited to, designated offshore islands as Tier I Lands [9J- 5.006(3xc)61 Policy 103.2.1 Monroe County shall implement methods including, but not limited to, designating known habitat of the Schaus swallowtail butterfly as Tier I. [9J- 5.012(3)(c)1; 9J- 5.013(2)(c)5 and 61 Policy 105.2.1 Monroe County shall designate all lands outside of mainland Monroe County, except for the Ocean Reef planned development, into three general categories for purposes of its Land Acquisition Program and smart growth initiatives in with the criteria in Policy 205.1.1. These three categories are: Natural Area (Tier 1); Transition and Sprawl Reduction Area (Tier 11) on Big Pine Key and No Name Key only; and Infll Area (Tier III). The purposes, general characteristics, and growth management approaches associated with each tier are as follows: Natural Area (Tier 1): Any defined geographic area where all or a significant portion of the land area is characterized as environmentally sensitive by the policies of this Plan and applicable habitat conservation plan, is to be designated as a Natural Area. New development on vacant land is to be severely restricted and privately owned vacant lands are to be acquired or development rights retired for resource conservation and passive recreation purposes. However, this does not preclude provisions of infrastructure for existing development. Within the Natural Area designation are typically found lands within the acquisition boundaries of federal and state resource conservation and park areas, including isolated platted subdivisions; and privately -owned vacant lands with sensitive environmental features outside these acquisition areas. 2. Transition and Sprawl Reduction Area (Tier II): Any defined geographic area on Big Pine Key and No Name Key, where scattered groups and fragments of environmentally sensitive lands, as defined by this Plan, may be found and where existing platted subdivisions are not predominately developed, not served by complete infrastructure facilities, or not within close proximity to established commercial areas, is to be designated as a Transition and Sprawl Reduction Area. New development is to be discouraged and privately owned vacant lands acquired or development rights retired to reduce sprawl, ensure that the Keys carrying capacity is not exceeded, and prevent further encroachment on sensitive natural resources. Within a Transition and Sprawl Reduction Area are typically found: scattered small non - residential development and platted subdivisions with less than 50 percent of the lots developed; incomplete infrastructure in terms of paved roads, potable water, or electricity; and scattered clusters of environmentally sensitive lands, some of which are within or in close proximity to existing platted subdivisions. 3. Infill Area (Tier 111): Any defined geographic area, where a significant portion of land area is not characterized as environmentally sensitive as defined by this Plan, except for dispersed and isolated fragments of environmentally sensitive lands of less than four acres in area, where existing platted subdivisions are substantially developed, served by complete infrastructure facilities, and within close proximity to established commercial areas, or where a concentration of non - residential uses exists, is to be Exhibit C Page 7 of 7 designated as an Infill Area. New development and redevelopment are to be highly encouraged, except within tropical hardwood hammock or pineland patches of an acre or more in area, where development is to be discouraged. Within an Infill Area are typically found: platted subdivisions with 50 percent or more developed lots situated in areas with few sensitive environmental features; full range of available public infrastructure in terms of paved roads, potable water, and electricity; and concentrations of commercial and other non - residential uses within close proximity. In some Infill Areas, a mix of non - residential and high - density residential uses (generally 8 units or more per acre) may also be found that form a Community Center. Policy 205.1.1 The County shall establish the following criteria at a minimum to use when designating Tiers: [W- 5.013(2)(c)9] 1. Land located outside of Big Pine Key and No Name Key shall be designated as Tier I based on following criteria: Natural areas including old and new growth upland native vegetated areas, above 4 acres in area. Vacant land which can be restored to connect upland native habitat patches and reduce further fragmentation of upland native habitat. • Lands required to provide an undeveloped buffer, up to 500 feet in depth, if indicated by appropriate special species studies, between natural areas and development to reduce secondary impacts; canals or roadways, depending on size may form a boundary that removes the need for the buffer or reduces its depth. • Lands designated for acquisition by public agencies for conservation and natural resource protection. Known locations of threatened and endangered species. ■ Lands designated as Conservation and Residential Conservation on the Future Land Use Map or within a buffer /restoration area as appropriate. Areas with minimal existing development and infrastructure. 2. Lands on Big Pine Key and No Name Key designated as Tier I, II, or III shall be in accordance with the wildlife habitat quality criteria as defined in the Habitat Conservation Plan for those islands. 3. Lands located outside of Big Pine Key and No Name Key that are not designated Tier I shall be designated Tier Ill. 4. Designated Tier III lands located outside of Big Pine Key and No Name Key with tropical hardwood hammock or pinelands of one acre or greater in area shall be designated as Special Protection Areas. 5. Lands within the Ocean Reef planned development shall be excluded from any Tier designation. FLORIDA COUNTY ORDINANCE DATA RETRIEVAL SYSTEM (CODRS) CODING FORM Instructions: Florida's Department of State, Bureau of Administrative Code has developed the County Ordinance Data Retrieval System (CODRS) to facilitate the tracking of County ordinances in Florida's 67 Counties. CODRS' data base is composed of over 25,000 county ordinances enacted since 1974. We request your cooperation in completing this coding form. It is to be completed whenever your county enacts a new ordinance. Simply complete this form and include it with other pertinent ordinance information that is submitted to the Bureau of Administrative Code. To code this form properly, please refer to the "keyfields" description sheet that has been given to your County Attorney's Office. If you do not have this sheet please contact the Bureau. We will be happy to fax one to you for referencing purposes. Please fill out this form as completely as is possible. Thank you for your assistance. Should you need further assistance please contact the Bureau of Administrative Code, Department of State at (850)245 -6270 or Suncom 205 -6270. COUNTY: MONROE COUNTY ORDINANCE * 006 -2011 PRIMARY KEYFIELD DESCRIPTOR: ( LAND USE PLANNING SECONDARY KEYFIELD DESCRIPTOR: ( BUILDING /DEVELOPMENT REGULATIONS OTHER KEYFIELD DESCRIPTOR: ( BUILDING PERMITS ORDINANCE DESCRIPTION: (TIER OVERLAY DESIG FOR APROX 110 PARCELS COMPETING FOR BLDG PERMITS IN POGO ALLOCATION SYSTEM DOAH 06- 2449GM) ORDINANCES AMENDED: (List below the ordinances that are amended by this legislation. If more than two, list the most recent two.) AMENDMENT *1 AMENDMENT #4: AMENDMENT #2: AMENDMENT #5: AMENDMENT #3: AMENDMENT #6: ORDINANCES REPEALED: REPEAL #1: REPEAL #2: (Others repealed: List all that apply): (FOR OFFICE USE ONLY): COUNTY CODE NUMBER: (_ _ _ _ _ _ _) KEYFIELD I CODE: () KEYFIELD 3 CODE: (________ KEYFIELD 2 CODE: () Rev (List below the ordinances that are repealed by this legislation.) REPEAL #3: REPEAL #4: ods: _ V r� �a�gs m �a D m � v � N (D 0) .. 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I LA J --j I )w- z CRANE BLVD D Z D r : v m 3 r ic V O JOHNSON RD y __ � OHNSON RD � z O ADAMS RD , ^O O ay Af O� y ? , •ii o ff. - � m 39 5 cr e-F D r+ fD 0 Q ( � O N � N O N � N O I-� N CL , V/ rh O C O CD rMIL v n ic ilw CL m m m m 3 7 =r m i .. m o D g A (D fD 1 s0 , y v -- CU N (D I (D N V N z D >I m , Ai _ D , �� 3 m Go Z m y Q r D w D O D >I m , Ai _ D , �� 3 Do M y Z O . D w D r m _ D — ni D (A 3 zI D rn Cni G CL U VI rt O ■ O CD rMIL A � v MT ic go U) m x ®® '�= m 3�a � D CL 3 3 "c f�D r m r+ v � N M Ql .. — — ' a N O � N � A � N O N O N CL U VI rt O ■ O CD rMIL A � v MT ic go U) N CD M N 1 0 -4 )1 )0- z 1 +1 O, F ®® a 3 "c n m m m C — — — ' a � O W to C CD DO 0 CD S C Q 0 v N C1 N CD M N 1 0 -4 )1 )0- z 1 +1 O, F a �' fh20 'L000 0�.9T 0702 RICK SCOTT Governor KURT S. BROWNING Secretary of State June 6, 2011 Honorable Danny L. Kolhage -. CD Clerk of the Circuit Court Monroe County a 500 Whitehead Street, Suite 101 - b. Key West, Florida 33040 -; Attention: Isabel C. DeSantis, Deputy Clerk c C) Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated May 31, 2011, and certified copies of Monroe County Ordinance Nos. 005 -2011 through 008 -2011, which were filed in this office on June 6, 2011. Sincerely, 0'- U Liz Cloud Program Administrator LC /vm DIRECTOR'S OFFICE R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 850.245.6600 • FAX: 850.245.6282 • TDD: 850.922.4085 • http://info-florida.gov COMMUNITY DEVELOPMENT 850.245.6600 •FAX: 850.245.6643 STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 • FAX: 850.245.6744 850.245.6700 FAX: 850.488.4894 CAPITOL BRANCH RECORDS MANAGEMENT SERVICES 850.488.2812 • FAX: 850.488.9879 850.245.6750 ADMINISTRATIVE CODE AND WEEKLY FAX: 850.245.6795 8 50.245.6270 •FAX: 850.245.6282 DIVISION OF LIBRARY AND INFORMATION SERVICES Ui O 1 CA) 00 1 T fD Al N O O A 0 O 3 CD N_ A N C 3 N V 3 9 3 a b 7 D 0 bi 0 Q .i C3 M C3 C3 M N PU fU ca a) Z c-0 ( a. CD a. LU LLI 0 LU LU Cl) a LLJ z D • X 0 m U) N '0 r_ cu 0 cu C cu CL L: (D _0 C: CD U) T . � CL !Rg§ fifi20 1000 0�.8T OTOd :@ — �\ LL ' i . in LL - 0 \ �% �® §( )[ §: �< d � � CC 0 { »J CL « <x »G% !Rg§ fifi20 1000 0�.8T OTOd DCA Final Order No.: DCAll -OR -147 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS In re: MONROE COUNTY LAND DEVELOPMENT REGULATIONS ADOPTED BY MONROE COUNTY ORDINANCE NO. 006 -2011 FINAL ORDER The Department of Community Affairs (the "Department') hereby issues its Final Order, pursuant to §§ 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat. (2010), approving a land development regulation adopted by a local government within the Florida Keys Area of Critical State Concern as set forth below. FINDINGS OF FACT 1. The Florida Keys Area is a statutorily designated area of critical state concern, and Monroe County is a local government within the Florida Keys Area. 2. On June 8, 2011, the Department received for review Monroe County Ordinance No. 006- 2011 ( "Ord. 006 - 2011 "), adopted by Monroe County on May 4, 2011. 3. The purpose of Ord. No. 006 -2011 is to assign Tier Overlay District Designations for approximately one hundred -ten parcels determined to have no Tier on the Tier Overlay District Map for Monroe County in accord with the Amended Final Order DCA 07- GM -166A issued in DOAH Case No. 06- 2449GM. 4. Ord. 006 -2011 assigns a tier designation for approximately one hundred -ten individual parcels, identified by Real Estate Number, which were previously tierless as a result of Amended Final Order DCA 07- GM -166A. The one hundred -ten parcels have been the subject of award of an allocation in the Rate of Growth system which includes criteria for Tier I, Tier III, and Tier IIIA properties, or have been issued building permits. CONCLUSIONS OF LAW 5. The Department is required to approve or reject land development regulations that are DCA Final Order No.: DCA11 -OR -147 enacted, amended, or rescinded by any local government in the Florida Keys Area of Critical State Concern. § 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat. (2010). 6. Monroe County is a local government within the Florida Keys Area of Critical State Concern. § 380.0552, Fla. Stat. (2010) and Rule 28- 29.002 (superseding Chapter 27F -8), Fla. Admin. Code. 7. "Land development regulations" include local zoning, subdivision, building, and other regulations controlling the development of land. § 380.031(8), Fla. Stat. (2010). The regulations adopted by Ord. 006 -2011 are land development regulations. 8. All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the Principles for Guiding Development (the "Principles ") as set forth in § 380.0552(7), Fla. Stat. See Rathkamp v. Department of Community Affairs, 21 F.A.L.R. 1902 (Dec. 4, 1998), aff d, 740 So. 2d 1209 (Fla. 3d DCA 1999). The Principles are construed as a whole and no specific provision is construed or applied in isolation from the other provisions. 9. Ord. 006 -2011 promotes and furthers the following Principles: (b) To protect shoreline and marine resources, including mangroves, coral reef formations, seagrass beds, wetlands, fish and wildlife and their habitat. (c) To protect upland resources, tropical biological communities, freshwater wetlands, native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and their habitat. (e) To limit the adverse impacts of development on the quality of water throughout the Florida Keys. (f) To enhance natural scenic resources, promoting the aesthetic benefits of the natural environment, and ensuring that development is compatible with the unique historic character of the Florida Keys. 0) To ensure the improvement of nearshore water quality by requiring the construction and operation of wastewater management facilities that meet the requirements of ss. 3 81.0065(4)(1 ), and 403.086(l 0), as applicable, and by directing growth to areas served by central wastewater treatment facilities through permit allocation systems. DCA Final Order No.: DCAll -OR -147 (n) To protect the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the Florida Keys as a unique Florida resource. 10. Ord. 006 -2011 is consistent with the Principles for Guiding Development as a whole. 11. Ord. 006 -2011 furthers Monroe County Comprehensive Plan Policy 105.2.1 and Policy 105.2.2. WHEREFORE, IT IS ORDERED that Ord. 006 -2011 is found to be consistent with the Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is hereby APPROVED This Order becomes effective 21 days after publication in the Florida Administrative Weekly unless a petition is filed as described below. DONE AND ORDERED in Tallahassee, Florida. — — lc�� J. omas Beck, AICP Director, Division of Community Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 NOTICE OF ADMINISTRATIVE RIGHTS ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING. IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND CHAPTER 28 -106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY DCA Final Order No.: DCAll -OR -147 COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS CHOSEN TO JUSTIFY ITS ACTION OR INACTION. IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND 120.57(1), FLORIDA STATUTES, AND CHAPTER 28 -106, PARTS I AND II, FLORIDA ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON ALL THE ISSUES INVOLVED, TO CONDUCT CROSS - EXAMINATION AND SUBMIT REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER. IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399 -2100. THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28- 106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28- 106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28- 106.201(2), FLORIDA ADMINISTRATIVE CODE. A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY RULE 28- 106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING. YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL ORDER. CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the DCA Final Order No.: DCAll -OR -147 undersigned designated Agency Clerk, and that true an c copies have been furnished to the persons listed below by the method indicated this ay of July, 2011. Ford, Agency Clerk By U.S. Mail Honorable Heather Carruthers Mayor of Monroe County 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 Danny L. Kolhage Clerk to the Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 Christine Hurley Growth Management Director 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 By Hand Delivery or Interagency Mail Rebecca Jetton, ACSC Administrator, DCA Tallahassee Richard E. Shine, Assistant General Counsel, DCA Tallahassee