Ordinance 005-2011ORDINANCE 005 - 2011
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ASSIGNING, AMENDING OR RATIFYING THE TIER OVERLAY
DISTRICT DESIGNATIONS FOR APPROXIMATELY NINETY -TWO (92) PARCELS
COMPETING FOR BUILDING PERMITS IN THE RATE OF GROWTH ORDINANCE
(ROGO) ALLOCATION SYSTEM IN ACCORDANCE WITH THE FINAL ORDER IN
DOAH CASE NO. 06- 2449GM; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO
THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE SECRETARY OF STATE;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Monroe County Board of County Commissioners hereby makes the
following Findings 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 Ordinances) which
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;
2.The Tier Ordinances were challenged by the Florida Keys Citizens Coalition, Inc. and
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;
3.The Tier Ordinances implemented the categorization of properties by habitat as
provided in the Monroe County 2010 Comprehensive Plan into three categories of
properties as follows:
Tier I — Conservation and Natural Area
Tier III A Special Protection Area (SPA) {within this ordinance and on
attached exhibits, Tier III -A and SPA are used interchangeably)
Tier III Infill Area
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4.The Administrative Law Judge issued his Recommended Order (ALJ Order) on June
26, 2007;
5.Department of Community Affairs Secretary Thomas G. Pelham signed a Final Order
(Order)
on September 26, 2007, incorporating the findings of fact and conclusions of law from
the ALJ Order and accepting the recommendations in the ALJ Order;
6. On January 2, 2008, Department of Community Affairs Secretary Thomas G. Pelham
executed an amended Final Order correcting a scrivener's error for a section of the
Monroe County Code which did not exist;
7. The Order determined that the four (4) acre minimum threshold for Tier 1 designation
and the one (1) acre minimum threshold for Tier III -A as criteria in Ordinance 10 -2006
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;
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;
10. The Order invalidated the tier designations of approximately Three Thousand Two
Hundred (3,200) parcels;
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 pursuant
to the Monroe County Comprehensive Plan required Monroe County (County) to
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 County
convene a Tier Designation Review Committee (TDRC) with members selected by the
Department of Community Affairs to make recommendations to the BOCC to adjust the
tier designations on those parcels rendered "tierless" using the new habitat data;
13.There are approximately Ninety -two (92) parcels in the Rate of Growth Ordinance
building permit allocation system competing for building permits which are tierless or for
which the tier designation has been called into question;
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14.Amendments to the Tier Overlay District Maps shall be made pursuant to the
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 III -A and Tier III
are in Section 130 -130 of the Monroe County Code (Code), formerly Sec. 9.5 -256 as
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;
16. The Comprehensive Plan Policy 205.1.1 still includes as one of the Tier 1 criteria
the four (4) acre threshold; however, there are other relevant criteria listed to describe
and classify Tier 1 properties;
17. The Comprehensive Plan Policy 205.1.1 states that lands located outside of Big
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,March
26, 2010, April 22, 2010,April 23, 2010, July 15, 2010, and July 16, 2010, to review the
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 aerialmaps numbered 1 through
86 with reference data which showed:
a. Previous Conditions (area of parcels, previous tier status as undesignated
or with designations, and surrounding parcels and area)
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)
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
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
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recommended amendments to maps numbered 1 through 86 to move forward to the
BOCC;
22. Monroe County Staff evaluated the TDRC recommendations from September 30,
2010, and recommended changes to some parcel designations on Maps numbered 8,
10, 12, 25, 29, 30, 35, 40, 54, 57,58, 59, 69, and 78 as outlined in the Staff Report
dated October 6, 2010;
23. The Monroe County Development Review Committee met October 15, 2010, to
consider the TDRC recommendations of September 30, 2010, and staff
recommendations in the Staff Report of October 6, 2010, and also took comment from
the public;
24.The Planning Commission held a public hearing at its regular meeting on November
16, 2010 and on December 2, 2010, to consider the amendments to the Tier Overlay
District Maps;
25. The Planning Commission 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
or with designations, and surrounding parcels and area)
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)
g. ELC Challenged Area boundaries (areas needing tiers as a result of the
DOAH Case No. 06- 2449GM
h. Kreuer 2006 recommendations (Plaintiff's expert's recommendations for
the challenged areas resulting from the DOAH Case No. 06- 2449GM);
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
for which separate recommendations were provided by TDRC and Staff;
26.The Planning Commission considered the criteria in Code Section 130 -130 and in
Plan Policies 102.7.3, 103.2.1,105.2.1 and 205.1.1, public comment, staff
recommendations and the Staff Report dated November 3, 2010;
27. The Planning Commission recommended adoption of this ordinance affecting the
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;
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28. The BOCC held public hearings on March 22, 2011, and May 4, 2011;
29. The BOCC considered a three -page series of color aerial maps Numbered 1
through 86. with reference data (Exhibit D) which showed:
a. Previous Conditions (area of parcels, previous tier status as undesignated
or with designations, and surrounding parcels and area)
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)
g. ELC Challenged Area boundaries (areas needing tiers as a result of the
DOAH Case No. 06- 2449GM
h. Kreuer 2006 recommendations (Plaintiff's expert's recommendations for
the challenged areas resulting from the DOAH Case No. 06- 2449GM);
i. TDRC, Staff, and Planning Commission recommendations from December
1, 2010, except for Maps Numbered 5, 8, 10, 12, 17, 19, 20, 25, 29, 30,
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 Policies
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 Ap4il 20, 2011;
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
Monroe County Year 2010 Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1.Recitals foregoing recitals are incorporated as though fully set forth
herein.
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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 shown on
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 III -A
(SPA) are shown on Exhibit A.
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 are
shown on Exhibit A.
Section 5.Undesianated Previous Tier III -A to Tier I The undesignated parcels
rendered tierless and previously designated Tier III -A (SPA) which are now designated
Tier I are shown on Exhibit A.
Section 6.Undesianated 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.
Section 7.Undesionated Tier III -A to Tier III. The undesignated parcels rendered
tierless and previously designated Tier III -A (SPA) which are now designated Tier III are
shown on Exhibit A.
Section 8.Undesinnated Previous Tier III to Tier I. The undesignated parcels
rendered tierless and previously designated Tier III which are now designated Tier I are
shown on Exhibit A.
Section 9.Undesionated Previous Tier III to Tier III -A The undesignated parcels
rendered tierless and previously designated Tier III which are now designated Tier III -
A(SPA) are shown on Exhibit A.
Section 10.Undesionated Previous Tier III to Tier III. The undesignated parcels
rendered tierless and previously designated Tier III which are now designated Tier III
are shown on Exhibit A.
Section 11.Previous Designation Tier I to Tier I. The tier designations for parcels
with a designation of Tier I remaining Tier 1 are shown on Exhibit B.
Section 12.Previous Designation Tier I to Tier III -A. The tier designations for parcels
with a designation of Tier 1 being re- designated Tier III -A are shown on Exhibit B.
Section 13.Previous Designation Tier I to Tier III. The tier designations for parcels
with a designation of Tier 1 being re- designated Tier III are shown on Exhibit B.
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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
parcels with a designation of Tier III -A remaining Tier III -A are shown on Exhibit B.
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
B.
Section 17.Previous Designation Tier III to Tier I. The Tier designations for parcels
with a designation of Tier III being re- designated as Tier I are shown on Exhibit B.
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.
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
amendments to the Tier Overlay District Maps adopted by Ordinance 013 -2006 on
March 21, 2006 and supersede any other maps including the color aerial maps used in
Exhibit D.
Section 21.Updated Maps Staff is directed to update the Tier Overlay District Maps
with the amendments as shown on Exhibit E.
Section 22.Severability It is the intent of the BOCC that as many parcels as possible
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 be
confined to those parcels enumerated in any such challenge. If any section, paragraph,
subdivision, clause, sentence or provision of this ordinance shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall not affect, impair,
invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
confined to the section, paragraph, subdivision, clause, sentence, or provision
immediately involved in the controversy in which such judgment or decree shall be
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.
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Section 24.Transmittal. This ordinance shall be transmitted by the Planning 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).
Section 25.Filina This ordinance shall be filed in the Office of the Secretary of the
State of Florida but shall not become effective until a notice is issued by the Department
of Community Affairs or Administration Commission approving the ordinance and after
any appeal period.
Section 26.Effective Date.
This ordinance shall become effective as provided by law and stated above.
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County,
Florida at a special meeting of said Board on the 4 day of May, 2011.
Mayor Heather Carruthers
Yes
Mayor pro tem David Rice
A bsent
Commissioner Sylvia Murphy
Yes
Commissioner George Neugent
Yes
Commissioner Kim Wigington
Absent
COUNTY COMMISSIONERS OF MONR
#A
IDA
By:
Mayor Heather Carruthers
=w
A Danny L. �Kolh
By:
Deputy Clerk
MONROE COUNT TORNEY
APFMD A TO CAM CA)
Date:
#1 BOCC 03/22/2011 05/04/2011 Final Page 8
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ASSIGNING, AMENDING OR RATIFYING THE TIER DISTRICT
OVERLAY DESIGNATIONS FOR APPROXIMATELY NINETY -TWO (92) PARCELS COMPETING FOR BUILDING PERMITS IN THE RATE OF GROWTH
ORDINANCE (ROGO) ALLOCATION SYSTEM IN ACCORDANCE WITH THE FINAL ORDER IN DOAH CASE NO.06- 2449GM
EXHIBIT A
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
NONE
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AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ASSIGNING, AMENDING OR RATIFYING THE TIER DISTRICT
OVERLAY DESIGNATIONS FOR APPROXIMATELY NINETY -TWO (92) PARCELS COMPETING FOR BUILDING PERMITS IN THE RATE OF GROWTH
ORDINANCE (ROGO) ALLOCATION SYSTEM IN ACCORDANCE WITH THE FINAL ORDER IN DOAH CASE NO.06- 2449GM
EXMrr B
I Soak. 11. Previous Designation Tier I to Tier I. The tier desigmtionv for parcels with a designation of Tier I remaining Tier 1
00172070-000700 00447840-000000
00243621 -001400 00447850 -000000
00445710- 000000 00450150- 000000
NONE
NONE
NONE
NONE
NONE
NONE
00503800-000200
00546540-000000
00546550- 000000
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 I, 11,
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 tier II I -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
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 Ill -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 der 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 111 -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(dX2), 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 1, 11, or Ill. Lands in the remainder of
unincorporated Monroe County, excluding the Ocean Reef planned development, shall be
delineated as Tier 1, I1I, and I1I -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 held
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 is
and now grey.4b of upland nafive vegeWed mesa identified by up te deAs aerials ead
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 nawral
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 111.
Eahibft. C
Page 4 of 7
(3) Deeipmed T4ff E9 leads leeMed outside of Big Pine Key and Ne Nme Key wM
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 IIl-
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.
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
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 he verified by survey prior to its designation as Tier Ifl -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 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 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- 51I(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
I 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)."
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(3)(c)6]
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 6]
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 II) on Big Pine Key and No Name Key only; and Infill 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 III): 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 1, 11, 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 III.
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
PRIMARY KEYFIELD
DESCRIPTOR: ( LAND USE PLANNING
COUNTY ORDINANCE * 005 -2011
SECONDARY KEYFIELD
DESCRIPTOR: ( BUILDING /DEVELOPMENT REGULATIONS
OTHER KEYFIELD
DESCRIPTOR: ( BUILDING PERMITS
ORDINANCE DESCRIPTION: (TIER OVERLAY DESIG FOR APROX 92 PARCELS COMPETING FOR
BLDG PERMITS IN ROGO ALLOCATION SYSTEM DOAH 06- 2449G
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 1 CODE: (____________)
KEYFIELD 3 CODE: (_ — =_=_
KEYFIELD 2 CODE: (____________)
Rev. 4/10/01
(List below the ordinances that are repealed by this legislation.)
REPEAL #3:
REPEAL #4:
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RICK SCOTT
Governor
KURT S. BROWNING
Secretary of State
June 6, 2011
Honorable Danny L. Kolhage
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Clerk of the Circuit Court
Monroe County
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500 Whitehead Street, Suite 101
- b.
Key West, Florida 33040
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Attention: Isabel C. DeSantis, Deputy Clerk
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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
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DCA Final Order No.: DCA11-OR-146
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 005-2011
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. 005-
2011 ("Ord. 005-2011"), adopted by Monroe County on May 4, 2011.
3. The purpose of Ord. No. 005-2011 is to amend or ratify the Tier Overlay District
Designations for approximately ninety-two parcels competing for building permits in the Rate of
Growth Ordinance allocation system in accord with the Amended Final Order DCA 07-GM-
166A issued in DOAH Case No. 06-2449GM.
4. Ord. 005-2011 assigns a tier designation for ninety-two individual parcels, identified by Real
Estate Number, which were previously tierless as a result of Amended Final Order DCA 07-GM-
166A. The ninety-two parcels are currently competing for an allocation in the ROGO system
which includes criteria for Tier I, Tier III, and Tier IIIA properties.
CONCLUSIONS OF LAW
5. The Department is required to approve or reject land development regulations that are
enacted, amended, or rescinded by any local government in the Florida Keys Area of Critical
1
DCA Final Order No.: DCA11-OR-146
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. 005-2011 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. 005-2011 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.
(j) To ensure the improvement of nearshore water quality by requiring the
construction and operation of wastewater management facilities that meet the
requirements of ss. 381.0065(4)(1), and 403.086(10), as applicable, and by
directing growth to areas served by central wastewater treatment facilities through
permit allocation systems.
2
DCA Final Order No.: DCA11-OR-146
(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. 005-2011 is consistent with the Principles for Guiding Development
as a whole.
11. Ord. 005-2011 furthers Monroe County Comprehensive Plan Policy 105.2.1 and Policy
105.2.2.
WHEREFORE, IT IS ORDERED that Ord. 005-2011 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.
Q., QcAJOAAAAVI-1---&e--a--
J homas Beck,AICP _
erector, 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
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT
3
DCA Final Order No.: DCA11-OR-146
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
undersigned designated Agency Clerk, and that true and correct copies have been furnished to
4
. V
• DCA Final Order No.: DCA11-OR-146
the persons listed below by the method indicated this Ay of July,2011.
aula 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
5