HomeMy WebLinkAboutOrdinance 014-2013ORDINANCE 014 - 2013
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ASSIGNING TIER OVERLAY DISTRICT DESIGNATIONS
TO APPROXIMATELY SIXTY TWO (62) PARCELS WHICH CURRENTLY
HAVE NO PREVIOUS TIER DESIGNATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY 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 implemented the categorization of properties by habitat as provided
in the Monroe County 2010 Comprehensive Plan into three categories of properties as
follows:
a. Tier I — Conservation and Natural Area
b. Tier III —A Special Protection Area (SPA)
c. Tier III Infill Area
3. 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;
4. The Administrative Law Judge issued his Recommended Order (ALJ Order) on June 26,
2007 and Florida 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;
5. 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;
Volume A Tierless Parcels Tier Designation Ordinance February, 2013 Page 1
6. The Order determined that division of parcels by a road of sixteen feet or more was not a
basis to petition for a Tier I1I -A property to become Tier III;
7. 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);
8. The criteria for the tier overlay district map designations Tier I, Tier 1II -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 B;
9. 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;
10. 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.
11. The Comprehensive Plan Policy 102.7.3 states Monroe County shall discourage
developments proposed on offshore islands by methods including, but not limited to,
designating offshore islands as Tier I Lands.( §130- 130(c)(1)e Monroe County Code)
12. 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 orthophotography, which was completed in
September, 2009;
13. 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 Monroe County Board of
County Commissioners on proposed adjustments to the Tier I and Tier III -A boundaries"
and "Adjust the Tier I and Tier IIIA (SPA) boundaries to more accurately reflect the
criteria for that Tier as amended by Final Order DCA07 -GM166 and implement the
Florida Keys Carrying Capacity Study , utilizing the above - referenced updated habitat
data."
14. 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, September 30, 2010 and August 25,
2011 to review the tier overlay district designations for the parcels rendered "tierless" by
the Order and other tierless parcels using the criteria in the Code and the Plan;
amendments to the Tier Overlay District Maps were adopted by the Board of County
Commissioners on May 4, 2011.
Volume A Tierless Parcels Tier Designation Ordinance February, 2013 Page 2
15. The TDRC considered a three -page series of color aerial maps designated A through Z ,
AA, and BB (known collectively as Volume A ) 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. Environmental Law Center (ELC) recommendations;
16. At the TDRC meeting on September 30, 2010, the committee considered staff input,
public comment, the criteria for each tier designation as it related to the particular parcels
on the maps, and recommended assigning tier designations to parcels in Volume A on
pages R, X, and Y.
17. The TDRC, at its meeting on August 25, 2011, made final comments and
recommendations about Volume A and recommended that the changes move forward as
amendments to the Tier Overlay District Maps on Maps R, X, and Y.
18. The Monroe County Development Review Committee held a public meeting on
September 25, 2012, to consider the TDRC recommendations of September 30, 2010 and
August 25, 2011, and staff recommendations in the Staff Report of September 21, 2012.
19. The Planning Commission held a public hearing at its regular meeting on November 14,
2012, to consider the amendments to the Tier Overlay District Maps;
20. The Planning Commission considered the maps related to this Ordinance (maps R, X, and
Y) based on a three -page series of color aerial maps for those maps showing:
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. TDRC and Staff recommendations from September 30, 2010, and August 25,
2011;
21. The Planning Commission considered the criteria as set forth in Exhibit C 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 2, 2012;
22. The Planning Commission recommended adoption of this ordinance amending the Tier
Overlay District Maps and found this ordinance consistent with the Monroe County Year
2010 Comprehensive Plan;
23. The BOCC held public hearings on February 20, 2013 and March 20, 2013;
Volume A Tierless Parcels Tier Designation Ordinance February, 2013 Page 3
24. The BOCC considered a three -page series of color aerial maps related to this Ordinance
designated R, X, and Y, with reference data (Exhibit C) 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. TDRC and Staff recommendations from September 30, 2010, and August 25,
2011;
25. The BOCC reviewed the TDRC and Staff recommendations from September 30, 2010,
and August 25, 2011, the Staff report dated February 4, 2013 and the Planning
Commission recommendations from November 14, 2012;
26. The BOCC considered the criteria in Exhibit B, Code Section 130 -130 and 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 Report dated
February 4, 2013;
27. Exhibit D 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
Exhibit A which states the designation and amended 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.
Section 2.No Previous Tier to Tier I. The previously undesignated parcels which are now
designated Tier I are shown on Exhibit A.
Section 3.No Previous Tier to Tier III. The previously undesignated parcels which are now
designated Tier III are shown on Exhibit A.
Section 4. Map Depiction The changes listed above are shown on Exhibit D 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, Ordinances 005 -2011, 006-
2011, 007 -2011 and 008 -2011 adopted on May 4, 2011 as amended, and supersede any other
maps including the color aerial maps used in Exhibit C.
Volume A Tierless Parcels Tier Designation Ordinance February, 2013 Page 4
Section 5.Updated Maps Staff is directed to update the Tier Overlay District Maps with the
amendments as shown on Exhibit D.
Section 6. 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 7.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.
Section 8.Transmittal. This ordinance shall be transmitted by the Planning and Environmental
Resources Department to the State Land Planning Agency as required by F.S. 380.05 (11) and
F.S. 380.0552(9).
Section 9.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 Department of Community
Affairs or Administration Commission approving the ordinance and after any appeal period.
Section 10.Effective Date.
This ordinance shall become effective as provided by law and stated above.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Volume A Tierless Parcels Tier Designation Ordinance February, 2013 Page 5
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board on March 20, 2013.
Mayor George Neugent
Yes
Mayor pro tem Heather Carruthers
Yes
Commissioner Danny L. Kolhage
Yes
Commissioner David Rice
Yes
Commissioner Sylvia Murphy
Yes
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORI A
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By. , Z. �.�isa.�
Mayor George Neugent
(SEAL)
ATTEST: AMY HEAVLIN, CLERK
Deputy Clerk
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SUS M. GRIMSLE
f, COUNTY ATTORNEY
Volume A Tierless Parcels Tier Designation Ordinance February, 2013 Page 6
EXHIBIT A
2 List of Parcels with no previous Tier designation
3
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ASSIGNING TIER OVERLAY DISTRICT DESIGNATIONS TO
APPROXIMATELY SIXTY-TWO(62)PARCELS WHICH HAVE NO PREVIOUS TIER DESIGNATIONS;
Section 2.The parcels with no previous Tier which are now designated Tier I are shown below
00114030-000400 00573140-000000 00573230-000000 00573310-000000 00573390-000000 00573470-000000 00573550-000000
00091300-000000 00573150-000000 00573240-000000 00573320-000000 00573400-000000 00573480-000000 00573560-000000
00091310-000000 00573160-000000 00573250-000000 00573330-000000 00573410-000000 00573490-000000 00573570-000000
00091350-000000 00573170-000000 00573260-000000 00573340-000000 00573420-000000 00573500-000000 00573580-000000
00091360-000000 00573180-000000 00573270-000000 00573350-000000 00573430-000000 00573510-000000 00573590-000000
00091370-000000 00573190-000000 00573280-000000 00573360-000000 00573440-000000 00573520-000000 00573600-000000
00091410-000000 00573200-000000 00573290-000000 00573370-000000 00573450-000000 00573530-000000 00573610-000000
00091470-000000 00573210-000000 00573300-000000 00573380-000000 00573460-000000 00573540-000000 00573620-000000
00091520-000000 00573220-000000
00091580-000000
Section 3.The parcels with no previous Tier which are now designated Tier III are shown below.
00122870-000000
00122880-000000
00122890-000000
EXHIBIT B
2 Section 130-130 of the Monroe County Code (Code),
3 formerly Sec. 9.5-256 as amended by the Final Order
4 concerning Ordinance 10-2006 and in the Monroe County
5 Year 2010 Comprehensive Plan (Plan) Policies 102.7.3,
6 103.2.1,105.2.1 and 205.1.1 I
•ui111111
EXHTRTT R
MCC Section 130 --130 Tier Overlay District
Ordinance 10-2006
Monroe Counter Comprehensive Plan Policies
Monroe County Land Development Code
§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 NRDGD points, determine the amount of clearing of upland native
vegetation that may be permitted, and prioritize lands for public acquisition. The tier
boundaries are to be depicted on the tier overlay district map. Lands on Big Pine Key and
No Name Key shall be delineated as tier I, II, or III. Lands in the remainder of the
unincorporated 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 Ivey and No Name Ivey.
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 Soo 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.
Exhibit B p age 1
(2) Lands located outside of Big Pine Key and No Name Rey 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 III -A boundaries:
1. U.S. Highway 1, canals and open water;
2. Any disturbed pinelands or tropical hardwood hammock with
invasive coverage of 40 percent or more;
3. Property lines of developed lots or vacant lots with a RGGG
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 RGG DINRGGG 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:
I. 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.
Exhibit B Page 2
(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(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 B Page 3
1Vl onroe County Comurehensive Plan 2010
Policv 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 accordance 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:
1. Natural Area (Tier I): 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 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
Exhibit B Page 4
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 S 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: [9J-
5.013(2)(c)9]
I. 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 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.
ORDINANCE NO 010-- -20056
Exhibit B Page 5
ORDINANCE NO 0 1 0 -2006
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING THE AMENDMENTS TO THE
MONROE COUNTY LAND DEVELOPMENT REGULATIONS TO
IMPLEMENT GOAL 105 OF THE 2010 COMPREHENSIVE PLAN AND
THE TIER OVERLAY SYSTEM BY AMENDING SECTION 9.5 -256
TIER OVERLAY DISTRICT; PROVIDING CRITERIA FOR
DESIGNATION OF TIER BOUNDARIES; PROVIDING A MECHANISM
FOR TIER. OVERLAY DISTRICT MAP AMENDMENTS; PROVIDING
FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION IN THE MONROE COUNTY
CODE OF ORDINANCES; DIRECTING THE PLANNING AND
ENVIRONMENTAL RESOURCES DEPARTMENT TO TRANSMIT A
COPY OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; AND, PROVIDING FOR AN EFFECTIVE
BATE.
WHEREAS, the Monroe County Board of County Commissioners, durin g p ublic
hearings held in December 2004, January, February, March, Aril, May and June 2005
p y and
March 2006, reviewed and considered a proposed amendment to provide criteria and rocedure
p s
for enacting a Tier Overlay District Map designation on the Monroe Coup Land Use District
tract
Map to implement Goal 105 of the 2010 Comprehensive Plan, Rule 28- 20.100 F.A.C. and
the
Tier Overlay system; and
WHEREAS, the Monroe County Board of County Commissioners directed staff to
prepare text and map amendments in Ordinance No. 01 -2004 adopted June 16, 2004 to include
criteria for delineation of Tier boundaries in accordance with Goal 105;
WHEREAS, the Monroe County Board of County Commissioners makes the following
Findings of Fact:
1. Goal 105 provides a framework .for for future development and land a for
. q o the
next 20 years that considers the carrying capacity of the Florida Keys, reduces s
. . y � s and
promotes sustainability.
2. The specific Tier Map designation criteria and Tier Overlay istrict were developed
eloped
following the general criteria in Goal 105, identifying reas appropriate for ' '
g additional
development and those which are i y preserved
environmentally and should be reserved
3. The Planning Commission, after hearing public comments and staff input at
p four
public hearings on the draft criteria, recommended approval on November 3 2004 , to t Board
of County Cornrm" ssioners of the proposed amendments to the Land Development Re gulations,
gulations.
P:ITier\Tier Overlay Criteria -03 I5OS.doc
Page 1 of 7
4. The Board of County Commissioners during the series of public hearings held in the
. . P g
first part of 2005, directed staff to make revisions to the bound criteria for delineation o '
�'Y f Tiers
and by changing all Tier II designations outside of Big Pine Key and No Name Ke y to a Tier III
designation.
5. The Board of County Commissioners approved in concept revisions to the habitat
protection elements of the proposed amendments to the Comprehensive Plan on August 17
2005, in response to concerns raised by the Governor and Cabinet and negotiations with th I3CA
staff regarding the need for further habitat protection in formerly Tier II designated areas.
6. The Board of County Commissioners adopted amendments to the Comprehensive
Plan on September 22, 2005, that made further revisions to the Tier system by instituting a Tier
III -A (Special Protection Area) for improved habitat protection in Tier III.
7. The Growth Management Division staff prepared specific criteria for the delineation
of the Tier III -A (Special Protection Area ).
8. Tier I includes all contiguous hammock areas above four acres and restoration areas
between fragmented smaller hammock patches to increase the hammock size and buffers where
possible.
le. e e
9. Hammock size is a major determinate of habitat quality according to FKCCS, which is
why size and connectivity were used to identify the best and most important terrestrial habitat
areas for preservation.
10. Tier III is appropriate for additional infill development because of the location
and
amount of existing development i n the areas designated and the absence of significant fi cant u
gm plaid
native habitat patches.
11. Tier III - A, referred to as "Special Protection Area" in the Comprehensive Plan,
an,
includes isolated upland native habitat patches of one acre or more in area that require increased
ncreased
protection from development.
12. The Tier Overlay District regulations, established for Big ine Ike and N
g y o Name
Key by Ordinance 29 -2005, created a new Section 9.5 -255, Monroe Coun Code that
establishes a mechanism for implementation of the Tier Sy stem b overl the
Y Y yi g Land Use
District Map and amending the boundaries of the Tier System.
13. The Board of County Commissioners has reviewed the proposed amend
. on 9.5 -25 6 to incorporate specific criteria for designation p p meats to
Section o f Tier I III and - ( Spec i al III A
Protection Areas) boundaries.
[THE REMAINDER OF THE PAGE IS LEFT INTENTIONALLY BLANK.]
P :ITier\Tier Overlay Criteria- 031506.doc
Page 2 of 7
NOW THEREFORE, BE IT ORDAINED BY THE BOARD of COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1: The boundary criteria for Tier I, II, III, and III -A (Special Protection Area ) are
consistent with and further the goals, objectives and policies of the Year 2010 Comprehensive
Plan, particularly Goal 105 and its associated objectives and policies;
Section 2: Section 9.5 - 256, Monroe County Code, is hereby amended that reads as follows:
"Sec. 9.5 -256. Tier overlay district.
(a) Purpose: The purpose of this Tier Overlay District is to designate
geographical areas outside of mainland Monroe County, excluding the Ocean Reef
planned development, into tiers to assign ROGO and NROOO 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 Overly
District Map. Lands on Big Pine Key and No Name Key shall be delineated as Tier I II
or III. Lands in the remainder of unincorporated Monroe County, excludin g the Ocean
Reef planned development, shall be delineated as Tier I, III, and III -A (Special Protection
Area).
(b) Vier 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 K e y : The
Tier boundaries are designated using aerial photography, data from the Florida Keys
y
Carrying Capacity Study,the endangered species maps, Property and ermittin
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information and field evaluation. The following criteria at a minimum are used to
evaluate upland habitats and designate boundaries between different Tier Overlays:
(1) Tier I boundaries shall be delineated to include one or more of the
following criteria and shall be designated Tier I:
a. Natural areas including old growth as depicted on the 1985
Existing Condition p Map and new growth of upland native
vegetated areas identified by up -to -date aerials and site surveys,
s,
Y
above four (4) acres In area.
b. Vacant lands, which can be restored to connect upland native
habitat patches and reduce further fragmentation of upland native
habitat.
C. Lands required to provide an undeveloped buffer, up to five -
hundred (500) feet in depth, if indicated as appropriate by special
ecial
species studies, between natural areas and development to reduce
secondary impacts. Canals or roadways, depending on width may
P:ITier\Tier Overlay Criteria -03 Z 506.doc
Page 3 of 7
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
p ty
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 III.
(3) Designated Tier III lands located outside of Big Pine Key and No Name
Key with tropical hardwood hammock or pinelands of greater than one
acre in area shall be designated as Special Protection Areas.
a. The following conditions shall constitute a break in pinelands or
tropical hardwood hammock for calculating the one -acre minimum
patch size for designation of 'Pier 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 ROGO /NROGO allocation award
or issued building permit, as of September 28, 2005
located within a Land Use District that allows residential
development of more than one dwelling unit per parcel/lot
P
or non - residential development.
b. Lots designated Tier III-A (Special Protection Areas ) on the
11/29/05 maps may petition the county for a rezoning to Tier III if
the lot meets one of the following criteria:
1. The lot will be served by a central sewer and the
wastewater collection system has an approved permit
that was effective 3/21/06 to construct the system on
P:1Tier\Tier overlay Criteria- 031506.doc
Page 4 of 7
file from the Department of Environmental Protection;
or
2. The lot is located within a one acre patch of
hammock that is divided from the other lots that make
up the one acre or more patch by a paved road that is
at least 16 feet wide.
Such lots may be granted a score of 30 points through an
administrative determination made by the County Biologist, the
Director of Growth Management and rendered to the Department
of Community Affairs until such time as the County sponsors a
zoning map change to update the Tier Three Overlay Zoning Map
and it is approved by the Department of Community Affairs.
C. Any hammock identified in the County's data base and aerial
surveys as 1.00 to l .09 acres in area shall be verified by survey
prior to its designation as Tier III -A A hammock that is deemed
by survey and a field review by County Biologists to fail the
minimum size criteria shall have the Special Protection Area
designation removed from the subject parcel.
(c) Big Pine Key and No Name Key Tier Boundary Criteria: The Tier
boundaries shall be designated using the Big Pine Key and No Name Key Habitat
Conservation Plan (2005) and adopted Community Master Plan for Big Pine Key and No
Name Key.
A Tier overlay district map amendments: The Tier Overlay District Ma
may be amended to reflect existing conditions in an area i f warranted, because of draftin
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 istrict Map
p
amendments shall be made pursuant to the procedures for map amendments to this
chapter. Unlawful conditions shall not be recognized when determining existing
g
conditions and regulatory requirements.
(e) Request for Tier I designation. Notwithstanding the provisions of
Section -9.5 -511 (d )2, any individual may submit an application to the lannin
P g
department containing substantial and competent documentation that an area meets the
Tier I criteria. Applications must be received by July 1 of each ear on a form approved
Y PP
by the director of planning for consideration by the special master at a ublic hearing
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advertised at least fifteen (15) days prior to the hearing date. Said hearing the sp ecial
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master shall be held prior to November 1 of each year. The director o f l arms n will
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review the documentation and any other appropriate scientific information and eP r are an
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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
P:ITierlTier Overlay Criteria- 031506.doc
Page 5 of 7
insufficient to warrant a map amendment. The posting, advertising and review will
follow the procedures in sec. 9.5- 511(d)(3)(4) and (5)."
Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held
invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. All ordinances or parts of ordinances in conflict with this ordinance are hereb
repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the
repealing clause of such ordinance or revive any ordinance which has been . repealed thereby.
Y
Section 5. This ordinance does not affect prosecutions for ordinance violations committed prior
p
to the effective date of this ordinance; does not wave any fee or penalty due or unpaid on the
effective date of this ordinance; and does not affect the validity of any bond or cash deposit
posted, filed, or deposited pursuant to the requirements of any ordinance.
Section 6. This ordinance shall be filed in the office of the Secretary of State of Florida. This
ordinance shall not become effective until July 14, 2006, but not prior to or without a notice
issued by the Department of Community Affairs or Administration Commission approving the
ordinance.
pp g
Section 8. This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs to determine the consistency of this
ordinance with the Florida Statutes.
Section 9. The provisions of this ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition or amendment thereto and shall be
appropriately numbered to conform to the uniform numbering system of the Code.
[THE REMAINDER OF THE PAGE IS LEFT INTENTIONALLY BLANK.]
P:1Tier\Tier Overlay Criteria- 431506.doc
Page 6 of 7
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida.,
at a regular meeting of said Board held on the 15th day of march , A.D., 2006.
Mayor Charles "Sonny" McCoy
No sent
Mayor Pro Tem Murray Nelson
Yes
Commissioner George Neugent
Yes
Commissioner David Rice
Not Present
Commissioner Dixie Spehar
Yes
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
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#Ia3cc`r1G�aixpe�se�'
Mayor Pro Tem Murray Nelson
(SEPAL)
DA NNY KOHLAGE, CLERK
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EXHIBIT C
Volume A Map Series
3 Maps R, X AND Y
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We strive to be caring. professional, and fair.
The Monroe County Tier Overlay District Map is considered to
be amended as indicated above and briefly described as:
Key: Ramrod Key
Subdivision Development:
Ramrod Shores: 26%
Wastewater Treatment Area:
Ramrod Service Area - Hotspot
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This Map h for use by the Monroe County Growth Managem ere Ohaslon only. The data contented herein Is not alegal represereadon of
boundaries. perceis, roads ri of ways or other geographIca I data.
Tier Overlay District
Tier
Tier I - Native Area
0 Tier II - Transition and Sprawl Area
Tier III - Infill Area
Tier III -A- Special Protection Area
Military
ELC New Issues
Competing ROGO
Staff Added
® Staff Added - Competing ROGO
Exhibit C
Current Conditions
ELC Recommendation
Zoning
(1)
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ELC New Issues Tier hammock -2009 Land Cover Indigo Snake Tree Cactus
hand Cover - Hammock
C ompeting �Tiierlit- InfillArea U.S Fish & Wildlife 2009 (Drafty Key Deer Stock Is] and Tree Snail
Key Largo Wood Rat Schaus Swallowtail Butterlfy
This ma9k larMmma Q,WY Grmah Manatamad Dlvhimpw,wl ooY Staff Added ® Tier 111-A - Special Protection Area Key Largo Cottonmouse Silver Rice Rat
Exhibit C
h arain hsTaliraanlr and may nol,caunteladrple Lower Keys Marsh Rabbit
hmMadn. p..r.a,rme�. aih.nr..,r o. w,nawewnudor�ruem Staff Added Competing ROGO � Mai Series' R
Dam Soams: Mu aCa amr- Growlh Mana{anart and us pkh 6 WaMfn B1
2009 Land Cover- Habitat
1 - Developed Land
2 - Undeveloped Land
3 - Impervious Surface
4 - Hammock
5 - Pineland
B - Exotic
7 - Scrub Manarove
® Staff Added
® Staff Added - Competing ROGO
Map Series:
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A Competin g ROGO 'rer 11 - Transition and Sprawl Area
TDRC, Staff & Plannin Commission Recommendation Staff Added Tor III - Infill Area
Thh M P 4 (of MMOS Cowft Gfwth ManapmeM D1,ki. p,.pom a
M..Ynm -motch StaffAdded - Competin ROGO Tier III-A - Special ProtectionArea Exhibit C
TDRC Meetin September 30, 201 and Au 25, 2011 Military Man C%Pripc• R
(3)
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Growth Management Division
We strive to be caring, Professional, and fait.
The Monroe County Tier Overlay District Map is considered to
be amended as indicated above and briefly described as:
Key: Boca Chita Key
Subdivision Development:
NIA
Wastewater Treatment Area:
Coldspot
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This ma p ls for use by the MonmeCounty Growth ManaLem era Division only. The data contained herein Is rot a legal represerdadon of
boundaries, parc roads daht of wnsor other noeaohkal data.
Tier Overlay District
Tier
0 Tier I - Native Area
0 Tier II - Transition and Sprawl Area
Tier III - Infill Area
Tier III -A - Special Protection Area
Military
ELC New Issues
Competing ROGO
0 Staff Added
® Staff Added - Competing ROGO
Exhibit C
Current Conditions
ELC Recommendation
Zoning
Future Land Use
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A ELC New Issues Ti er Hammock -2009 Land Cover Indigo Snake Tree Cactus
�TierIll- InfillArea U.5 Fish & Wildlife 2009 Draft Key Deer Stock Island Tree Snail
E3 L and Cover - Hammock
Competing R °�° ( } Key Largo Wood Rat Schaus Swallowtail Butterffy
TMZ ap le�Maoa ��lr�atn�n.� +�.m.aoc,.l� �„�,oMr. Staff Added �TiierIII -A- Special Protection Area Key LargoCottonmouse Silver Rice Rat
TM Late mlRO4rd MrNn b MW Va1M Wr and may rot acartalair dpic
Lower Keys Marsh Rabbit Exhibit C
ea�neaLaa. �t,, evds ,Lp,td,.w «Idanttaalhnln(Orrtadaa
Staff Added Map Series: X
oaO SOUIGH: MofrD! munr • Gwwtl aAaupmanl and us F6h r WflOfla
2009 Land Cover - Habitat
9 - Developed Land
2 - Undeveloped Land
3 - Impervious Surface
4 - Hammock
5 - Pineland
6 - Exotic
7 - Scrub Manarove
Staff Added
® Staff Added - Competing ROGO
2009 Land Cover- Habitat Map Series:
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N ELC New Issues Tier I - Native Area
A Competing ROGO Tier II - Transition and Sprawl Area
TDRC, Staff & Planning Commission Recommendation Staff Added Tor III - InfillArea Exhibit C
This map Is a rMmmemmtyGr whMana{emant0irtfonpwpomerrtr Staff Added - Competing ROGO - Tier 111 -A- Special Protection Area
The dale or. ined %..In k n ratM cWV .led mar lea atLV ralth/ dapin
tnund.rin. pavt. rmdi, dpAt -d-w" w IdeMMatbn inrorrmil .
a, ,,rya Mmm. C, Ort. .CrpwlhMSp.MMprWU,5rl>haVkfflf. TDRC Meetings: September 30, 2010 and August 25, 2011 Military Mqn Coriocr X
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It,PA,
We strive to be caring, professional, and fair.
The Monroe County Tier Overlay District Map is considered to
be amended as indicated above and briefly described as:
Key: Ocean Reef
Subdivision Development:
NIA
Wastewater Treatment Area:
NIA
N
A
This map is for use by the Monroe County Growth ManaIem ent Division anly. The data contained herein Is not alegal representation of
boundaries, part r oads rieht of ways or other uoeraohical due.
Tier Overlay District
Tier
Tier I - Native Area
[� Tier II - Transition and Sprawl Area
Tier III - Infill Area
Tier III -A - Special Protection Area
Military
ELC New Issues
Competing ROGO
Q Staff Added
® Staff Added - Competing ROGO
Exhibit C
Current Conditions
ELC Recommendation
Zoning
Future Vin . ±use.
2009 Land Cover - Habitat
6 - Exotic
7. Scrub Mancreve
2009 Land Cover - Habitat Map Series:
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A Competing ROGO Tier I I - Transition and Sprawl Area
TDRC, Staff & Planning Commission Recommendation Staff Added ® Tier III - InfllArea Exhibit C
'"'""' °�` d "" W 1n "`' w°"`h""' "�" ma ON t O M UN d ict Staff Added - Competing ROGO Tier l li -A - S pecial Protection Area 11
iM dv. mnla"ed "vein Isom Ya"h. aJy WW mry n°t.ca ratey depla
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hn""m- hMn nt° " "�`"°`sh TDRC Meetings: September 30, 2010 and August 25, 2011 Milita
Map Series: Y
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i EXHIBIT D
Tier Overlay District Map Revisions
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Ordinance -2013 - 27 Parcels for a Tier Chan N
Exhibit D Amendments to Tier Overla District
Em Tier I - Native Area jk
Amendments to Tier Overla District Maps Tier III - Infill Area
Amendment Date:
Tier III -A- Special Protection Area
Map Series: R
Print Datp- February 5. 2013
Exhibit D I
Amendment Date:
Print r)nto- 9:,okri torsi IZ IM 2
Amendments to Tier Overla District Maps
Ordinance -2013 - 62 Tierless Parcels
Amendments to Tier Overla District
Em rier I -Native Area
EMTier 111 - Infill Area
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Exhibit D I
Amendment Date:
Print r);;tp- Pphrtj;;ri/ c; ?nl:t
Amendments to Tier Overla District Maps
Ordinance .2013 - 62 Tierless Parcels
Amendments to Tier Overla District
® Tier I -Native Area
® Tier III - Infill Area
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I Man q Y I
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294 -4641
FAX(305)295 -3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX(305)289 -6025
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Dear Ms. Cloud,
April 12, 2013
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852 -7145
FAX (305) 852 -7146
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852 -7145
FAX (305) 853 -7440
Via Certified Mail 70121010 0003 4990 5163
Enclosed please find certified copies:
Ordinance No. 014 -2013 assigning Tier Overlay District Designations to Approximately
sixty -three (63) parcels determined to have no Tier on the Tier Overlay District map(s). The
proposed designations are based on changes made to the Tier Overlay District (Chapter 130 -130
of the Monroe County Land Development Code) in accordance with the Final Order in DOAH
Case No. 06- 2449GM.
Ordinance No. 015 -2013 amending the Tier Overlay District Designations to
Approximately twenty -seven (27) parcels determined to have a Tier designation inconsistent
with the Tier Overlay District criteria. The proposed designations are based on changes made to
the Tier Overlay District (Chapter 130 -130 of the Monroe County Land Development Code) in
accordance with the Final Order in DOAH Case No. 06- 2449GM.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on March 20, 2013. Please file for the record.
Should you have any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
`S b GOUNTyC
BU J oM cuooF �LP
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk -of- the - court.com
Amy Heavilin, CPA,
Clerk of the Circuit Court
and ex officio Clerkof the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: County Attorney via e -mail
Growth Management via e-mail & courier
File
CO '14, FAO
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk -of- the - court.com
Amy Heavilin, CPA,
Clerk of the Circuit Court
and ex officio Clerkof the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: County Attorney via e -mail
Growth Management via e-mail & courier
File
ryI ( Domestic O nly;
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rq For delivery information visit our website at www.usps.com
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m Certified Fee
Return Receipt Fee Postmark
C3 (Endorsement Required) SPA 1 S erM 201
Restricted Delivery Fee J
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arysrare, 1 ahassee, Florida 32399 -0250
RICK SCOTT
Governor
April 19, 2013
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letters
dated April 12, 2013 and certified copies of Monroe County Ordinance Nos. 012 -2013, 014 -2013, and 015-
2013 which were filed in this office on April 18, 2013.
Sincerely,
et ,
Liz Cloud
Program Administrator
LC /elr
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us
A
FINAL ORDER NO. DEO -13 -054
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
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In re: A LAND DEVELOPMENT REGULATION C. C3
ADOPTED BY MONROE COUNTY, FLORIDA, -n
ORDINANCE NO. 014-2013
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FINAL ORDER = r °�
APPROVING MONROE COUNTY ORDINANCE NO. 014 -2013 w
The Department of Economic Opportunity ( "Department") hereby issues its Final Order,
pursuant to §§ 380.05(6) and 380.0552(9), Fla. Stat. (2012), approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 014 -2013 (the "Ordinance ").
FINDINGS OF FACT
1. The Florida Keys Area is designated by § 380.0552, Fla. Stat., as an area of
critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on March 20, 2013, and rendered
to the Department on April 22, 2013.
3. The Ordinance amends the Monroe County Tier Overlay District Maps to assign a
Tier I designation (Native Area) to fifty -nine (59) parcels and to assign a Tier III designation
(Infill Area) to three (3) parcels that previously had no tier designations. The parcels are
identified by tax identification number on the attached Exhibit A, which is also an exhibit to the
Ordinance.
CONCLUSIONS OF LAW
4, The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. §§ 380.05(6) and (11)
and § 380.0552(9), Fla. Stat.
1
1
FINAL ORDER NO, DEO -13 -054
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations
adopted by the Ordinance are land development regulations.
6. All land development regulations enacted, amended, or rescinded within an area
of critical state concern must be consistent with the principles for guiding development for that
area. §§ 380.05(6) and 380.0552(9), Fla. Stat. The Principles for Guiding Development for the
Florida Keys Area of Critical State Concern are set forth in § 380.0552(7), Fla. Stat.
7. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically furthers the following Principle in § 380.0552(7), Fla. Stat.:
(a) Strengthening local government capabilities for managing land
use and development so that local government is able to achieve
these objectives without the continuation of the area of critical
state concern designation.
(b) Protecting shoreline and marine resources, including
mangroves, coral reef formations, seagrass beds, wetlands, fish and
wildlife, and their habitat.
(c) Protecting upland resources, tropical biological communities,
freshwater wetlands, native tropical vegetation (for example,
hardwood hammocks and pinelands), dune ridges and beaches,
wildlife, and their habitat.
(f) Enhancing 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.
(k) Limiting the adverse impacts of public investments on the
environmental resources of the Florida Keys.
8. The Ordinance is consistent with the Monroe County Comprehensive Plan
policies 101.3.3, 105.2.6, and 105.2.1, and Goal 205.
WHEREFORE, IT IS ORDERED that Monroe County Ordinance No. 014 -2013 is found
N
FINAL ORDER NO. DEO -13 -054
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
Register unless a petition is timely filed as described in the Notice of Administrative Rights
below.
DONE AND ORDERED in Tallahassee, Leon County, Florida.
Q , s c�A/
William B. Kfingsworth, Director
Division of Community Development
Department of Economic Opportunity
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S
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
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
FINAL ORDER NO. DEO -13 -054
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, CONDUCT CROSS - EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND
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
ECONOMIC OPPORTUNITY 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:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON STREET, MSC 110
TALLAHASSEE, FLORIDA 32399 -4128
Telephone: 850 - 245 -7150
Fax Number 850- 921 -3230
Email: Miriam.Snipes @deo.myflorida.com
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.
4
FINAL ORDER NO. DEO -13 -054
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 ay7Xday rrect pies have been furnished
to the persons listed below by the methods indicated this of June, 2013.
Miriam Snipes, Agency Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399 -4128
Telephone: 850- 717 -8531
By U.S. Mail
The Honorable George Neugent
Mayor, Monroe County
500 Whitehead Street
Key West, FL 33040
Amy Heavilin
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, FL 33040
Christine Hurley, Director
Monroe County Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, FL 33050
By Hand Delivery or Interagency Mail
Rebecca Jetton, ACSC Administrator, DEO Tallahassee
5
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BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ASSIGNING TIER OVERLAY DISTRICT DESIGNATIONS TO
N SIXTY -TWO (62) PARCELS WHICH HAVE NO PREVIOUS TIER DESIONATIONS ;
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