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Item Q13BOARD Ulu' COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 21, 2011 Division: Growth Management Bulk Item: Yes _ No X Department: Planning & Environmental Resources Staff Contact Person/Phone #: Christine Hurley 289-2500 AGENDA ITEM WORDING: A public hearing to consider an Ordinance amending Sections 110-5, 110-69 and 110-70 of the Monroe County Land Development Code, to modify the procedure for public notice of minor conditional use permit applications and to revise the process for reviewing minor and major conditional use permit applications. ITEM BACKGROUND: Under the current Land Development Code, minor conditional use permit applications are reviewed by the Development Review Committee (DRC) and approved or denied by the planning director afterwards. A specific property that is subject to such an application is posted with a sign identifying the type of application as well as the time and date of the scheduled DRC meeting. In addition, notification of property owners within 300 feet takes place. However, the mailed notice is required to be sent after the DRC meeting has been held and the planning director has signed a development order approving or denying the application. Often the mailed notice is the first time a potentially affected property owner is made aware of a proposed development. Although receipt of the mailed notice informs potentially affected property owners prior to the issuance of any building permits, the current system does not necessarily provide for public input prior to the planning director's decision. The proposed text amendments would improve upon the existing system by requiring notification to property owners within 300 feet of the subject property prior to the DRC meeting and, more importantly, prior to the planning director's decision. By definition, conditional use permits are required for developments that merit additional consideration as they may impact the adjacent community. The proposed process provides opportunity for the planning director to listen to concerns in advance and if necessary, he or she may place conditions on the approval. The proposed text amendments also rectify errors made during the processing of previous text amendment related ordinances in 2008. In 2008, Ordinance #028-2008 amended §9.5-68 and §9.5-69 (since renumbered to § 110-69 and § 110-70) pertaining to minor and major conditional use permits to reflect actual practices and eliminate obsolete provisions. In 2010, Ordinance #005-2010 amended several sections of the Land Development Code in order to remove reference to the development review coordinator and reassign those duties to the planning director. However, due to the timing and codification of the text amendments not all approved text amendments are reflected in the current code. The proposed text amendments add language approved under Ordinance #028-2008 that is still necessary back into the Land Development Code. During a regularly scheduled meeting held on March 29, 2011, the Development Review Committee reviewed the ordinance and recommended approval. During a regularly scheduled public meeting held on June 22, 2011, the Planning Commission reviewed the ordinance and recommended approval. PREVIOUS RELEVANT BOCC ACTION: Ordinance #028-2008 and Ordinance #005-2010. CONTRACT/AGREEMENT CHANGES:N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: INDIRECT COST: BUDGETED: Yes No _ DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners Through: Christine Hurley, AICP, Director of Growth Management Townsley Schwab, Senior Director of Planning & Environmental Resources Joseph Haberman, AICP, Planning & Development Review Manager From: Barbara Mitchell, Senior Planner Date: August 26, 2011 Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 110-5, NOTICE, SECTION 110-69, MINOR CONDITIONAL USES, AND SECTION 110-70, MAJOR CONDITIONAL USES; TO MODIFY THE PROCEDURE FOR PUBLIC NOTICE OF MINOR AND MAJOR CONDITIONAL USE PERMIT APPLICATIONS AND TO REVISE PROCESS FO REVIEWING MINOR AND MAJOR CONDITIONAL USE PERMIT APPLICATIONS; 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 CODIFICATION, PROVIDING FOR ANEFFECTIVE DATE. Meeting: September 2011 1 2 I REQUEST 3 4 The Planning and Environmental Resources Department is proposing amendments to the text 5 of § 110-5 and § 110-69 of the Monroe County Code, which concerns the public notice 6 process for minor conditional use permits. 7 8 In addition, other parts of § 110-69 and § 110-70 of the Monroe County Code are included in 9 this text amendment to correct omissions that occurred during the implementation of 10 ordinances previously approved by the BOCC and to revise the process for reviewing minor 11 and major conditional use permit applications. 12 13 II RELEVANT PRIOR COUNTY ACTIONS 14 15 In 2008, Ordinance #028-2008 amended §9.5-68 and §9.5-69 (since renumbered to § 110-69 16 and §110-70) pertaining to minor and major conditional uses to reflect actual practices and 17 eliminate obsolete provisions. In 2010, Ordinance #005-2010 amended several sections of 18 the County Code in order to remove reference to the Development Review Coordinator and 19 reassign those duties to the Planning Director. However, due to the timing and codification 20 of the text amendments not all approved text amendments are reflected in the current code. Page 1 of 6 (File #2011-036) 2 During a regularly scheduled meeting held on March 29, 2011, the Development Review 3 Committee reviewed the subject request and recommended approval to the Board of County 4 Commissioners. 5 6 During a regularly scheduled public meeting held on June 22, 2011, the Planning 7 Commission reviewed the subject request and recommended approval to the Board of County 8 Commissioners. 9 10 After the Planning Commission hearing, staff modified the proposed text amendment by 11 carrying out minor changes for readability, consistent terminology and grammar purposes. 12 13 III REVIEW 14 15 Notification for Development Review Committee meetings consist of a newspaper 16 advertisement printed at least 15 days before the meeting. The advertisement is generic and 17 does not provide the Agenda, but rather references the County website where the Agenda and 18 the backup material are available for review. In addition properties subject to a minor 19 conditional use permit application are posted with a sign identifying the time and date of the 20 Development Review Committee meeting. 21 22 Currently, notification of property owners within 300 feet does not occur until the 23 Development Review Committee meeting has been held and the Planning Director has 24 signed the Minor Conditional Use Permit Development Order. At that time, a notice is sent 25 via regular US Mail to property owners within 300 feet providing notification that a minor 26 conditional use permit has been issued. Often, this notice is the first time the potentially 27 affected property owners are aware of the proposed change. Absentee owners, landlords, 28 seasonal residents and residents/businesses located on other streets may not be in position to 29 read the posted notice. Although receipt of the notice informs the affected community prior 30 to the issuance of any building permits, it does not necessarily provide for public input prior 31 to the Planning Directors decision as the Development Order has already been signed and the 32 appeal timeframe begun. Therefore, the only action available to the property owner is to file 33 an appeal to the Planning Director decision or appeal a subsequent building permit(s). 34 35 This process, although consistent with the Land Development Code, could be improved by 36 providing the potentially affected property owners with notice that a minor conditional use 37 permit application has been requested prior to the issuance of a Development Order. By 38 definition, conditional uses are developments that merit additional consideration as they may 39 impact the adjacent community. The minor conditional use permit process provides 40 opportunity for the Planning Director to place conditions on the permit to ensure the 41 proposed use is consistent with the specific location. Providing the affected community the 42 opportunity to comment on the proposed development prior to any decision helps to foster 43 good planning practices, and develop, not only an informed community but also one engaged 44 in development activities that affect their surroundings. Comments submitted by the public 45 may provide additional factors for the Planning Director to consider as part of the decision 46 making process. Page 2 of 6 (File #2011-036) 2 The proposed amendment to the Land Development Code will modify the public notice 3 process and will be consistent with major conditional use permit applications that are heard 4 by the Planning Commission. The Planning Department proposes to notify adjacent Property 5 Owners 15 days prior to the Development Review Committee meeting. 6 7 Therefore, staff recommends the following changes (deletions are and 8 additions are underlined 9 10 See.110-5. Notice 11 12 * * 13 14 (g) Mailing of notice,, -illfabr Conditional ,use Permit. Notice of a public hearing to consider 15 a major conditional use shall be mailed by the county to all owners of real property 16 located within 300 feet of the property proposed to be developed as a major conditional 17 use, including any residents of the parcel proposed for development, at least 15 days prior 18 to a public hearing Inc plaH in co nssiq n. A list of such owners, as shown by the 19 latest available records in the Monroe County Property Appraiser Office, shall be 20 provided by the applicant with an application for development approval. 21 22 Jh actin of Notice: grrzc� "o n iti nal Use Permit, Notice o co sider do the 23 Ala _ irn dnrec�or of nrnirnor conditional use pe nib shall be rnnailed by the coun�cn 11 24 owners of real ilmgqyjg�gAted within 300 feet of the propqrtysub°ect to nLinor 25 conditional use a lica iong including and residents of the s r°cc ro ose fob° 26 developMenqtqt eastj 5 days prior to h oert rviewrntee eei. , lid 27 of such owners '_ shown bv the latest available records in the Moliroe ourn�y l�ro 28 raiser C ffnce shall be o id bb dnc p lion ri h ern alicatnon for dcvelo erne t 29 AppLoval. 30 31 1 Other notice. Notice of all public hearings shall be posted on the Monroe County Website 32 as soon as is practical. Failure to post notice on the Monroe County Website shall not 33 constitute grounds for the cancellation of any public hearing nor shall it constitute 34 grounds for the cancellation of any action taken by a board at such a meeting. 35 36 Affidavit and photograph of notice. An affidavit and photographic evidence shall be 37 provided by the applicant at the public hearing, or in the cascs of minor cornditicaj !.cgs 38 errnit alicaticnrns at the develo ,sent z°c7icr cornnaaa&cam rrzeetinl , e onstra Ltin that the 39 applicant has complied with the notice required by this section. 40 41 * * 42 43 Sec.110-69. Minor conditional uses. 44 45 (a) Applications for a minor conditional use permit. An application for a minor conditional 46 use permit shall be submitted to the planning director in the form provided by the Page 3 of 6 (File #2011-036) I planning department. 3 .x .sIf an application for a minor conditional use includes a major 4 conditional use, then the minor conditional use shall be considered in conjunction with 5 the major conditional use in accordance with the procedures of section 110-70. 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (b) Review by the development review committee. An application for a minor conditional use permit shall be reviewed by the development review committee. .t the meeting, dLy ,p. L_review committee members shall make comment on the a Ii f ojj O res d enAronnigat resources department fat shall provide fbeir ff ores fo the pl inretcrm Individual members of the e Pelo rat review committee may submit additional comments to th .--Rg_planninD, director within 10 work :i x ! m f the inect m (c) Decision by the planning director. Within t-cr , kfn fO days after A development review committee giegj =, the planning director shall render a development order granting, granting with conditions or denying the application for a minor conditional use permitghec ofjcf _iaolication where a condition has been irn osed Lhatmust be satisfied r t t issuance of a develop ent order roving the minor conditional us Dermit, in which case the develoloment order shall be issued within 30 dais after recei f gf roof of satisfaction of the co ition s . (d) Notice of grant of a minor conditional use permit. The planning director shall give notice of any development order granting a minor conditional use by sending a written notice to all owners of real property located within 300 feet of the property that is subject to the minor conditional use permit, and notice of the intent to issue the minor conditional use RLnnit approval shall be published in newspapers of local circulation in the county by advertisement in the legal section. The costs of publication and written notice are to be borne by the applicant. Page 4 of 6 (File #2011-036) 1 2 4 5 * * 6 7 Sec.110-70. Major conditional uses. 8 9 * * 10 11 (b) Review by the development review committee. An application for a major conditional use 12 permit shall be reviewed by the development review committee. 4n*°; m r' 13 14 4 e°° 15 'nce 16 develo ingnt review committee shall dive comments to the ap lic t, r onsil�l s� f 17 and the )Iannins director. Within 60 da s of the ineetin or within 60 days after 18 additional info w ation required ftom the-Mlicant is fc isbed, the lannigg deliaftn2ent 19 shall provide for advertisement of any reer ublic he Eby thy; p1nin 20 commission. 21 22 (c) Public hearing on an application for a major conditional use permit. The planning 23 commission shall hold a public hearing on the application for a major conditional use 24 permit and shall..."..13g 25 dt" .. ".. 4iir :, issue a development order granting, 26 granting with conditions or denying the application for a major conditional use permit 27 within 60 dais of the public hearing; by the talanninI commission with the exception of 28 an a plication where a condition has been i Deed that must be satisfied prior to the 29 issuance of a development order mynLoyjnA,Lhe major conditional use permitin which 30 case the deveo ment order shall be issued within -30 days after recei t of roof o 31 satisfaction of the condition. 32 33 (d) Notice ofgrant of a major conditional use permit. The planning director shall give notice 34 of any development order granting a major conditional use by sending a written notice to 35 all owners of real property located within 300 feet of the property that is the subject of 36 the major conditional use permit, and notice of the intent to issue the major conditional 37 use e it approval shall be published in newspapers of local circulation in the county by 38 advertisement other than in the legal notice section with the cost to be borne by the 39 applicant. 40 , �ttar a 41 42 (e) Appeal of a conditional use approved by the planning commission. The applicant, an 43 adjacent property owner, or any aggrieved or adversely affected person, as defined by 44 F.S. § 163.3215(2), or any person who presented testimony or evidence at the public 45 hearing conducted pursuant to subsection (c) of this section may request an appeal of the 46 planning commission's major conditional use decision under chapter 102, article VI, Page 5 of 6 (File #2011-036) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 division 2 by filing the notice required by that article within 30 days O * ° tea ee b -4.he-eouf:.; , a _ ever-- `the tten decision of the plannir� IV RECOMMENDATION Staff has found that the proposed text amendment would be consistent with the provisions of MCC §102-158(d)(5)(b): 1. Changed projections (e.g., regarding public service needs) from those on which the text or boundary was based; 2. Changed assumptions (e.g., regarding demographic trends); 3. Data errors, including errors in mapping, vegetative types and natural features described in volume I of the plan; 4. New issues; 5. Recognition of a need for additional detail or comprehensiveness; or 6. Data updates. Specifically, staff has found that the proposed text amendments are necessary due to recognition of a need for additional detail or comprehensiveness. Therefore, staff recommends that the Board of County Commissioners amend the Monroe County Code as stated in the text of this staff report. Page 6 of 6 (File #2011-036) 3 � , s MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. - 2011 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 110-5, NOTICE, SECTION 110- 69, MINOR CONDITIONAL USES, AND SECTION 110-70, MAJOR CONDITIONAL USES; TO MODIFY THE PROCEDURE FOR PUBLIC NOTICE OF MINOR AND MAJOR CONDITIONAL USE PERMIT APPLICATIONS AND TO REVISE PROCESS FOR REVIEWING MINOR AND MAJOR CONDITIONAL USE PERMIT APPLICATIONS; 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 CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, under the current provisions of the Land Development Code, minor conditional use permit applications are reviewed by the Monroe County Development Review Committee and approved, approved with conditions or denied by the planning director afterwards; and WHEREAS, under the current provisions of the Land Development Code a specific property that is subject to a minor conditional use permit application is posted with a sign identifying the type of application as well as the time and date of the scheduled meeting in which the Development Review Committee shall review the application. In addition, notification of property owners within 300 feet of a subject property takes place. However, the mailed notice is required to be sent after the Development Review Committee meeting has been held and the planning director has signed a development order approving or denying the application; and WHEREAS, often the mailed notice is the first time a potentially affected property owner is made aware of a proposed development. Although receipt of the mailed notice informs potentially affected property owners prior to the issuance of any building permits, the current system does not necessarily provide for public input prior to the planning director's decision; and Page 1 of 6 WHEREAS, the proposed text amendments would improve upon the existing system by requiring notification to property owners within 300 feet of the subject property prior to the Development Review Committee meeting and, more importantly, prior to the planning director's decision. By definition, conditional use permits are required for developments that merit additional consideration as they may impact the adjacent community. The proposed process provides opportunity for the planning director to listen to concerns in advance and if necessary, he or she may place conditions on the approval; and WHEREAS, the proposed text amendments also rectify errors made during the processing of previous text amendment related ordinances in 2008. In 2008, Ordinance #028-2008 amended §9.5-68 and §9.5-69 (since renumbered to §110-69 and §110-70) pertaining to minor and major conditional use permits to reflect actual practices and eliminate obsolete provisions. In 2010, Ordinance #005-2010 amended several sections of the County Code in order to remove reference to the development review coordinator and reassign those duties to the planning director. However, due to the timing and codification of the text amendments not all approved text amendments are reflected in the current code. The proposed text amendments add language approved under Ordinance #028-2008 that is still necessary back into the Land Development Code; and WHEREAS, during a regularly scheduled public hearing held on June 22, 2011, the Planning Commission reviewed the ordinance and recommended approval to the Board of County Commissioners; NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. Section 110-5 shall be amended as follows (deletions are strisi£en dffeugh and additions are underlined): Sec.110-5. Notice (g) Mailing of notice: Manor Conditional Use Permit. Notice of a public hearing to consider a major conditional use shall be mailed by the county to all owners of real property located within 300 feet of the property proposed to be developed as a major conditional use, including any residents of the parcel proposed for development, at least 15 days prior to a public hearing bathe planning commission. A list of such owners, as shown by the latest available records in the Monroe County Property Appraiser Office, shall be provided by the applicant with an application for development approval. (h) Mailing of Notice: Minor Conditional Use Permit. Notice of consideration by the planning director of a minor conditional use permit shall be mailed by the county Page 2 of 6 to all owners of real property located within 300 feet of the property subject to minor conditional use application, including any residents of the parcel proposed for development, at least 15 days prior to the development review committee meeting. A list of such owners as shown by the latest available records in the Monroe County Property Appraiser Office shall be provided by the applicant with an application for development approval. (hy,�ij Other notice. Notice of all public hearings shall be posted on the Monroe County Website as soon as is practical. Failure to post notice on the Monroe County Website shall not constitute grounds for the cancellation of any public hearing nor shall it constitute grounds for the cancellation of any action taken by a board at such a meeting. (iU Affidavit and photograph of notice. An affidavit and photographic evidence shall be provided by the applicant at the public hearing, or in the cases of minor conditional use permit applications at the development review committee meeting, demonstrating that the applicant has complied with the notice required by this section. Section 2. Section 110-69 shall be amended as follows (deletions are stFiekea *,,FBH and additions are underlined): Sec.110-69. Minor conditional uses. (a) Applications for a minor conditional use permit. An application for a minor conditional use permit shall be submitted to the planning director in the form provided by the planning department. If an application for a minor conditional use includes a major conditional use, then the minor conditional use shall be considered in conjunction with the major conditional use in accordance with the procedures of section 110-70. (b) Review by the development review committee. An application for a minor conditional use permit shall be reviewed by the development review committee. At the meeting, development review committee members shall make comment on the application and responsible planning and environmental resources department staff shall provide their staff report(s) to the planning director. Individual members of the development review committee may submit additional comments to the planning director within 10 working days of the meeting_ (c) Decision by the planning director. Within tenwefkg 60 days after r-eeei*ifig the r-epei4 and the development review committee meeting, the Page 3 of 6 planning director shall render a development order granting, granting with conditions or denying the application for a minor conditional use permit, with the exception of any Mlication where a condition has been imposed that must be satisfied prior to the issuance of a development order approving the minor conditional use permit, in which case the development order shall be issued within 30 days after receipt of proof of satisfaction of the condition(s). (d) Notice of grant of a minor conditional use permit. The planning director shall give notice of any development order granting a minor conditional use by sending a written notice to all owners of real property located within 300 feet of the property that is subject to the minor conditional use permit, and notice of the intent to issue the minor conditional use permit approval shall be published in newspapers of local circulation in the county by advertisement in the legal section. The costs of publication and written notice are to be borne by the applicant. lhletiee by the plapmiag 4ir-ecAer- shall be by r-eoar mail on the 4" of the gFang (e) Consideration of a minor conditional use approval by the planning commission. . An administrative appeal or a request for a public hearing on a minor conditional use permit approval shall be governed by the provisions of section 102-185. In cases where the planning director determines the application has unique or peculiar circumstances and the applicant and the planning director, by mutual consent agree, the planning director may request apublic hearing by the planning commission. Such agreement shall be documented in writing in a form approved by the County Attorney. Section 3. Section 110-70 shall be amended as follows (deletions are sttirakendffeugk and additions are underlined): Sec.110-70. Major conditional uses. (b) Review by the development review committee. An application for a major conditional use permit shall be reviewed by the development review committee. Page 4 of 6 to the P! iission. The development review committee shall give comments to the applicant, responsible staff and the planning director. Within 60 days of the meeting or within 60 days after any additional information required from the applicant is furnished, the planning department shall provide for advertisement of any required public hearing by the planning commission. (c) Public hearing on an application for a major conditional use permit. The planning commission shall hold a public hearing on the application for a major conditional use permit and shall issue a development order granting, granting with conditions or denying the application for a major conditional use permit within 60 days of the public hearing by the planning commission, with the exception of any application where a condition has been imposed that must be satisfied prior to the issuance of a development order approving the major conditional use permit, in which case the development order shall be issued within 30 days after receipt of proof of satisfaction of the condition. (d) Notice of grant of a major conditional use permit. The planning director shall give notice of any development order granting a major conditional use by sending a written notice to all owners of real property located within 300 feet of the property that is the subject of the major conditional use permit, and notice of the intent to issue the major conditional use permit approval shall be published in newspapers of local circulation in the county by advertisement other than in the legal notice section with the cost to be borne by the applicant. 14etiee by the major- eendifieneA use. (e) Appeal of a conditional use approved by the planning commission. The applicant, an adjacent property owner, or any aggrieved or adversely affected person, as defined by F.S. § 163.3215(2), or any person who presented testimony or evidence at the public hearing conducted pursuant to subsection (c) of this section may request an appeal of the planning commission's major conditional use decision under chapter 102, article VI, division 2 by filing the notice required by that article within 30 days nefirae by the eew#j-, �%�eheveF is later- f the written decision of the planning commission. Section 4. Severability. 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 Page 5 of 6 provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 5. Conflicting Provisions. In the case of direct conflict between any provision of this ordinance and a portion or provision of any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall apply. Section 6. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9). Section 7. Filing. 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 Florida State Land Planning Agency or Administration Commission approving the ordinance. Section 8. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform marking system of the Code. Section 9. 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 regular meeting held on the day of , 2011. Mayor Heather Carruthers Mayor pro tem David Rice Commissioner Kim Wigington Commissioner George Neugent Commissioner Sylvia Murphy Attest: DANNY L. KOLHAGE, CLERK By Mayor Heather Carruthers MONRO OUNTy gTTORNEY PP 0 EO A9�i'0 F RM Page 6 of 6 v �' 2 . .� \ � {^ \/ � � \��/. , �. a «` _: ® . m � . . �� \ � � « � , : . . . y,.. . zy« � ^ � � � �\� ; . . ��-« � (��©d . . .� \ « ©ice �«� \ .. ,�� � � y� ...� � »<• , . c I i '4 �a w s n� Y r4. ,r_- M& A r �� I f-A IP ■ & 4� Maw -,,:;w-- ���-- �..�,. ``� �< S� i H1r{1. ,r ,A x3 ' S _ -s z 9/18/11 10:16 AM — OMonroeCountySDE_Environmental_l,- +Overview +, OMCPA • OHabitat 2009 + `'FEMA 'Zoning Airport ❑Area of County Critical Ci; Commercial Fish Areas Commercial Fishing Spec'. Commercial Fishing Villat ❑Conservation District ❑Destination Resort MIncorporated ■Industrial ElImproved Subdivision EMaritime Industries EMilitary Facilities UBMainland Native ®Mixed Use ENative Area ❑Offshore Island EPark and Refuge ❑Resolution 277-1986 ®Research Park ❑Recreational Vehicle ❑Sparsely Settled ESuburban Commercial ❑Suburban Residential -/L EUrban Commercial EUrban Residential ❑Urban Residential Mobile •'. ®Urban Residential Mobile http: / /mc-gisweb.monroecounty-fl.gov/ MCGrowthManagement/defauIt.aspx a'r�_ Page 1 of 1 9118/11 1:01 PM 4 c f!+�overview hA MCPA Y�Habitat 2009 + 2 FEMA • !-Zoning • _FLUM (Draft) +-_'2006 Orthophotography +. K42009 Orthophotography http://mc-gisweb.monroecounty-fl.gov/MCGrowthManagement/defauIt.aspx Page 1 of 1 9/17/11 6:37 PM Zoning Airport ElArea of County Critical Concerr Commercial Fish Areas Commercial Fishing Special Dis Commercial Fishing Village OConservation District ❑Destination Resort MIncorporated .Industrial ElImproved Subdivision -/Duplex, EMaritime Industries Military Facilities Mainland Native ®Mixed Use ENative Area OOffshore Island Park and Refuge OResolution 277-1986 ®Research Park ❑Recreational Vehicle OSparsely Settled ■Suburban Commercial OSuburban Residential -/Limited` EUrban Commercial EUrban Residential OUrban Residential Mobile Home MUrban Residential Mobile Home * +_'FLUM (Draft) 42006 Orthophotography NlRed: Band-1 Green: Band-2 ■Blue: Band 3 http://mc-gisweb.monroecounty-fl.gov/MCGrowthManagement/default.aspx Page 1 of 1 Tier Designation flUNTYof'MONROE rr a£�' r<Irr1s641 Environmental Resources Florida Forever �e .. FL Forever Boundary It is the purpose and intention of the board of county commissioners to ensure that each and every landowner has a beneficial use of his property in accordance with the requirements of the Fifth and Fourteenth Amendments to the United States Constitution and to provide a procedure whereby landowners who believe they are deprived of all beneficial use may secure relief through an efficient nonjudicial procedure. Uses permitted as of right are those uses that are compatible with other land uses in a land use district, provided they are developed in conformity with this chapter. 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. 14 C. d. e. Vacant lands 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 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. Lands designated for acquisition by public agencies for conservation and natural resource protection. 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. Conservation, native area, sparsely settled, and offshore island land use districts. (2) f. Areas with minimal existing development and infrastructure. Lands located outside of Big Pine Key and No Name Key that are not designated tier I shall be designated tier III. a. I 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. 2. 0 CAI U.S. Highway 1, canals and open water; Any disturbed pinelands or tropical hardwood hammock with invasive coverage of 40 percent or more; 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 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 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 u �� i,;�.-_