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Ordinance 015-2013
ORDINANCE on - 2013 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING OR RATIFYING THE TIER OVERLAY DISTRICT DESIGNATIONS FOR APPROXIMATELY TWENTY SEVEN (27) PARCELS WHICH PARCELS CURRENTLY HAVE TIER DESIGNATIONS; 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 Tier Designations March 20, 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 III -A property to become Tier III; 7. The 2008, 2009, and 2010 "Thirty Day Report" provided as required in Florida Statute Sec. 380.0552(4) regarding progress under the 10 year work program pursuant to the Monroe County Comprehensive Plan required Monroe County (County) to prepare new habitat data based on the best available ortho- photography, which was completed September, 2009; 8. The 2008, 2009 and 2010 "Thirty Day Report" also required that the County convene a Tier Designation Review Committee (TDRC) with members selected by the Department of Community Affairs to make recommendations to the BOCC to adjust the tier designations on those parcels rendered "tierless" using the new habitat data; 9. On May 19, 2010 the BOCC at the request of the Environmental Law Center (ELC) on behalf of Last Stand, directed staff to evaluate the Tier designation of approximately 171- 249 additional parcels submitted by Last Stand. 10. The actual number of parcels determined to be included in the request was 393 parcels. 11. During the course of review of the above parcels, Growth Management staff included for review an additional forty five (45) parcels that had a Tier that staff wished to verify. 12.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); 13. The criteria for the tier overlay district map designations Tier I, Tier III -A and Tier III are in Section 130-130 of the Monroe County Code (Code), formerly Sec. 9.5- 256 as amended by the Final Order concerning Ordinance 10-2006 and in the Monroe County Year 2010 Comprehensive Plan (Plan) Policies 102.7.3, 103.2.1,105.2.1 and 205.1.1 all attached as Exhibit C; 14. 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; 15. 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. 16. The Comprehensive Plan Policy 102.7.3 states Monroe County shall discourage developments proposed on offshore islands by methods including, but not limited to, designated offshore islands as Tier I Lands. (§130-130(c)(1)e Monroe County Code) 17. 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, Volume A Tier Designations March 20, 2013 Page 2 2010, and August 25, 2011, to review the tier overlay district designations for the parcels described above using the criteria in the Code and the Plan; 18. The TDRC took and considered public input for specific parcels at its meeting of September 30, 2010; 19. The TDRC considered a three -page series of color aerial maps numbered A through Z with reference data which showed: a. Previous Conditions (area of parcels, previous tier status as undesignated or with designations, and surrounding parcels and area) b. Land Use District Map Designation (Zoning) c. Future Land Use Map Designation d. Land Cover Hammock e. U.S. Fish and Wildlife Listed Species (2009) f. Land Cover Habitat 2009 (different vegetative communities) g. ELC Challenged Area boundaries (areas needing tiers as a result of the DOAH Case No. 06-2449GM) h. Environmental Law Center (ELC) recommendations; 20. The TDRC met on September 30,2010, considered staff input, the criteria for each tier designation as it related to the particular parcels on the maps, and approved recommended amendments to maps numbered A through Z to move forward to the BOCC; 21. Monroe County Staff evaluated the TDRC recommendations from September 30, 2010, and recommended changes to some parcel designations on Maps numbered A and M as outlined in the Staff Report dated; 22. The Monroe County Development Review Committee met September 25, 2012, to consider the TDRC recommendations of September 30, 2010, and staff recommendations in the Staff Report of, and also took comment from the public; 23. The Planning Commission held a public hearing at its regular meetings on November 14, 2012, , to consider the amendments to the Tier Overlay District Maps; 24. The Planning Commission considered a three -page series of color aerial maps Numbered A through Z 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) Volume A Tier Designations March 20, 2013 Page 3 g. ELC Challenged Area boundaries (areas needing tiers as a result of the DOAH Case No. 06-2449GM h. Environmental Law Center (ELC) recommendations; i. TDRC and Staff recommendations from September 30, 2010, except for Maps Numbered A and M for which separate recommendations were provided by TDRC and Staff; 25. The Planning Commission considered the criteria in Code Section 130-130 and in Plan Policies 102.7.3, 103.2.1,105.2.1 and 205.1.1, public comment, staff recommendations and the Staff Report datedOctober 30, 2012; 26. The Planning Commission recommended adoption of this ordinance affecting the Tier Overlay District Maps and found this ordinance consistent with the Monroe County Year 2010 Comprehensive Plan; 27.The BOCC held public hearings onFebruary 20, 2013 and March 20, 2013; 28. The BOCC considered a three -page series of color aerial maps Numbered A through 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. ELC Challenged Area boundaries (areas needing tiers as a result of the DOAH Case No. 06-2449GM h. Kreuer 2006 recommendations (Plaintiffs expert's recommendations for the challenged areas resulting from the DOAH Case No. 06-2449GM); TDRC, Staff, and Planning Commission recommendations from November 14, 2012, 29. The BOCC considered the criteria in Code Section 130-130 and in Plan Policies 102.7.3, 103.2.1,105.2.1 and 205.1.1, public comment, Planning Commission recommendations and comments, staff recommendations and the Staff Reports dated October 30, 2012, and January 29, 2013; 30. 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 Exhibits A and B which state the designation, amended designation or ratifies the existing designation of the parcels which are the subject of this ordinance; and WHEREAS, the BOCC specifically finds that this ordinance is consistent with the Monroe County Year 2010 Comprehensive Plan; Volume A Tier Designations March 20, 2013 Page 4 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1.Recitals.The foregoing recitals are incorporated as though fully set forth herein. Section 2.Previous Tier I to Tier 111. The parcels previously designated Tier I which are now designated Tier III -A (SPA) are shown on Exhibit A. Section 3. Previous Tier III to Tier I. The parcels previously designated Tier III which are now designated Tier I are shown on Exhibit A. Section 4. Previous Tier III to Tier III -A. The parcels previously designated Tier Illwhich are now designated Tier III -A (SPA) are shown on Exhibit A. Section 5. Previous Tier Split between III & III -A to Tier III The parcels previously having Tier designations of Tier 111-A (SPA) and Tier III which are now designated Tier III- are shown on Exhibit A. Section 6. Tier III -A to Tier I. The parcels previously designated Tier III -A (SPA) which are now designated Tier I are shown on Exhibit A. Section 7. Previous Tier III -A (SPA) to Tier 111 The undesignated parcels rendered tierless and previously designated Tier III which are now designated Tier I are shown on Exhibit A. Section 8. 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 and supersede any other maps including the color aerial maps used in Exhibit D. Section 9.Updated Maps. Staff is directed to update the Tier Overlay District Maps with the amendments as shown on Exhibit D. Section 10.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 Volume A Tier Designations March 20, 2013 Page 5 immediately involved in the controversy in which such judgment or decree shall be rendered. Section 11.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 12.Transmittal. This ordinance shall be transmitted by the Planning and Environmental Resources Department to the Florida Department of Economic Opportunity as required by F.S. 380.05 (11) and F.S. 380.0552(9). Section 13.Filingt. 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 State Land Planning Agency or Administration Commission approving the ordinance and after any appeal period. Section 14.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 of said Board on the 20t' day of March, 2013. Mayor George Neugent Mayor pro tem Heather Carruthers Commissioner Sylvia Murphy Commissioner David Rice Commissioner Danny L. Kolhage w o � Yes Yes C) Yes ' Yes rn Yes •• o BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: �40445447 Mayor George Neugent (SEAL) ATTE •Amy Yeavilin, CL, RK By: Deputy Clerk `uUUN—rY, ATTORNEY ,,,'PROVED AS TO FORM: GRIMSLEY ,?ANT COUNTY ATTORNEY Volume A Tier Designation! Page 6 CI EXHIBIT A 2 List of Parcels with a previous Tier designation 3 recommended for Change 147 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE TIER OVERLAY DISTRICT DESIGNATIONS FOR APPROXIMATELY TWENTY EIGHT (28) PARCELS, WHICH PARCELS CURRENTLY HAVE TIER DESIGNATIONS; Section 2. The parcels previously designated Tier I which are now designated Tier III are shown below. 00121980-000000 00114020-000000 00122080-000000 00114020-000100 00114020-000200 Sectlon3 a pareel}pre ously designate Tier III which is now designated Tier I is shown below. 00114030-000300 11 S ignated Tier III which are now designated Tier 111-A (SPA) are shown below. 00091110-000000 00207510-000000 00207520-000000 Section 5. The parcel previously having a split designation of Tier III and Tier ill -A (SPA) which is now designated Tier III is shown below. 00088160-000100 Section 6. The parcels previously designated Tier 111-A (SPA) which are now designated Tier I are shown below. 00084260-000000 00088170-000000 00084260-000200 00087880-000000 Section 7. The parcels previously designated Tier 111-A ( SPA) which are now designated Tier III are shown below. 00084260-000100 004460SO-000000 00506320-000000 00084260-000300 00447160-000000 00506330-000000 00090270-000000 00447170-000000 00446040-000000 00506210-000000 I 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 EXHIBIT B MCC Section 130-130 Tier Overlay District Ordinance 10-2006 Monroe County 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 NROGO points, determine the amount of clearing of upland native vegetation that may be permitted, and prioritize lands for public acquisition. The tier boundaries are to be depicted on the tier overlay district map. Lands on Big Pine Key and No Name Key shall be delineated as tier I, II, or III. Lands in the remainder of the unincorporated county, excluding the Ocean Reef planned development, shall be delineated as tier I, I11, and III -A (special protection area). (b) Tier boundaries. Tier boundaries shall follow property lines wherever possible, except where a parcel line or distinct geographical feature, such as a canal or roadway, may be more appropriate. (c) Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier boundaries are designated using aerial photography, data from the Florida Keys Carrying Capacity Study, the endangered species maps, property and permitting information and field evaluation. The following criteria, at a minimum, are used to evaluate upland habitats and designate boundaries between different tier overlays: (1) Tier I boundaries shall be delineated to include one or more of the following criteria and shall be designated tier I: a. Vacant lands which can be restored to connect upland native habitat patches and reduce further fragmentation of upland native habitat. b. Lands required to provide an undeveloped buffer, up to 500 feet in depth, if indicated as appropriate by special species studies, between natural areas and development to reduce secondary impacts. Canals or roadways, depending on width, may form a boundary that removes the need for the buffer or reduces its depth. c. Lands designated for acquisition by public agencies for conservation and natural resource protection. d. Known locations of threatened and endangered species, as defined in section 101-1, identified on the threatened and endangered plant and animal maps or the Florida Keys Carrying Capacity Study maps, or identified in on -site surveys. e. Conservation, native area, sparsely settled, and offshore island land use districts. f. Areas with minimal existing development and infrastructure. Exhibit B Page 1 (2) Lands located outside of Big Pine Key and No Name Key that are not designated tier I shall be designated tier I11. 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 ROGO allocation award or an issued building permit, as of September 28, 2005, located within a Land Use District that allows only one unit per lot; or 4. Property lines of developed parcels of less than 10,000 square feet in area with a ROGOINROGO allocation award or issued building permit, as of September 28, 2005, located within a Land Use District that allows residential development of more than one dwelling unit per parcel/lot or non-residential development. b. Lots designated tier III -A (Special Protection Areas) on the November 29, 2005 maps may petition the county for a rezoning to tier III if the lot meets one of the following criteria: 1. The lot will be served by a central sewer and the wastewater collection system has an approved permit that was effective March 21, 2006 to construct the system on file from the Department of Environmental Protection*; or *Such lots may be granted a score of 30 points through an administrative determination made by the county biologist, the director of growth management and rendered to the department of community affairs until such time as the county sponsors a zoning map change to update the Tier Three Overlay Zoning Map and it is approved by the department of community affairs c. Any hammock identified in the county's data base and aerial surveys as 1.00 to 1.09 acres in area shall be verified by survey prior to its designation as tier III - A. A hammock that is deemed by survey and a field review by county biologists to fail the minimum size criteria shall have the Special Protection Area designation removed from the subject parcel. (d) Big Pine Key and No Name Key tier boundary criteria. The tier boundaries shall be designated using the Big Pine Key and No Name Key Habitat Conservation Plan (2005) and the adopted community master plan for Big Pine Key and No Name Key. 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 III -A area to tier III. The tier overlay district map amendments shall be made pursuant to the procedures for map amendments to this chapter. Unlawful conditions shall not be recognized when determining existing conditions and regulatory requirements. (f) Request for tier I designation. Notwithstanding the provisions of section 102-158(d)(2), any individual may submit an application to the planning department containing substantial and competent documentation that an area meets the tier I criteria. Applications must be received by July I 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 Monroe County Comprehensive Plan 2010 Policy 102.7.3 Monroe County shall discourage developments proposed on offshore islands by methods including, but not limited to, designated offshore islands as Tier I Lands [9J-5.006(3)(c)6] Policy 103.2.1 Monroe County shall implement methods including, but not limited to, designating known habitat of the Schaus swallowtail butterfly as Tier I. [9J-5.012(3)(c)1; 9J-5.013(2)(c)5 and 6] Policy 105.2.1 Monroe County shall designate all lands outside of mainland Monroe County, except for the Ocean Reef planned development, into three general categories for purposes of its Land Acquisition Program and smart growth initiatives in -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 8 units or more per acre) may also be found that form a Community Center. Policy 205.1.1 The County shall establish the following criteria at a minimum to use when designating Tiers: [9J- 5.013(2)(c)9] 1. Land located outside of Big Pine Key and No Name Key shall be designated as Tier I based on following criteria: • Natural areas including old and new growth upland native vegetated areas, above 4 acres in area. • Vacant land which can be restored to connect upland native habitat patches and reduce further fragmentation of upland native habitat. • Lands required to provide an undeveloped buffer, up to 500 feet in depth, if indicated by appropriate special species studies, between natural areas and development to reduce secondary impacts; canals or roadways, depending on size may form a boundary that removes the need for the buffer or reduces its depth. • Lands designated for acquisition by public agencies for conservation and natural resource protection. • Known locations of threatened and endangered species. • Lands designated as Conservation and Residential Conservation on the Future Land Use Map or within a buffer/restoration area as appropriate. • Areas with minimal existing development and infrastructure. 2. Lands on Big Pine Key and No Name Key designated as Tier 1, 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. 010 -2006 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING THE AMENDMENTS TO THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS TO IMPLEMENT GOAL 105 OF THE 2010 COMPREHENSIVE PLAN AND THE TIER OVERLAY SYSTEM BY AMENDING SECTION 9.5-256, TIER OVERLAY DISTRICT; PROVIDING CRITERIA FOR DESIGNATION OF TIER BOUNDARIES; PROVIDING A MECHANISM FOR TIER OVERLAY DISTRICT MAP AMENDMENTS; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION IN THE MONROE COUNTY CODE OF ORDINANCES; DIRECTING THE PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO TRANSMIT A COPY OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Monroe County Board of County Commissioners, during public hearings held in December 2004, January, February, March, April, May and June, 2005, and March 2006, reviewed and considered a proposed amendment to provide criteria and procedures for enacting a Tier Overlay District Map designation on the Monroe County Land Use District Map to implement Goal 105 of the 2010 Comprehensive Plan, Rule 28-20.100 F.A.C. and the Tier Overlay system; and WHEREAS, the Monroe County Board of County Commissioners directed staff to prepare text and map amendments in Ordinance No. 018-2004 adopted June 16, 2004, to include criteria for delineation of Tier boundaries in accordance with Goal 105; WHEREAS, the Monroe County Board of County Commissioners makes the following Findings of Fact: 1. Goal 105 provides a framework ,for future development and land acquisition for the next 20 years that considers the carrying capacity of the Florida Keys, reduces sprawl and promotes sustainability. 2. The specific Tier Map designation criteria and Tier Overlay District were developed following the general criteria in Goal 105, identifying areas appropriate for additional development and those which are important environmentally and should be preserved. 3. The Planning Commission, after hearing public comments and staff input at four public hearings on the draft criteria, recommended approval on November 3, 2004, to the Board of County Commissioners of the proposed amendments to the Land Development Regulations. P:\Tier\Tier Overlay Criteria-031506.doc Page 1 of 7 4. The Board of County Commissioners during the series of public hearings held in the first part of 2005, directed staff to make revisions to the boundary criteria for delineation of Tiers and by changing all Tier II designations outside of Big Pine Key and No Name Key to a Tier III designation. 5. The Board of County Commissioners approved in concept revisions to the habitat protection elements of the proposed amendments to the Comprehensive Plan on August 17, 2005, in response to concerns raised by the Governor and Cabinet and negotiations with DCA staff regarding the need for further habitat protection in formerly Tier II designated areas. 6. The Board of County Commissioners adopted amendments to the Comprehensive Plan on September 22, 2005, that made further revisions to the Tier system by instituting a Tier III -A (Special Protection Area) for improved habitat protection in Tier III. 7. The Growth Management Division staff prepared specific criteria for the delineation of the Tier III -A (Special Protection Area). 8. Tier I includes all contiguous hammock areas above four acres and restoration areas between fragmented smaller hammock patches to increase the hammock size and buffers where possible. 9. Hammock size is a major 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 in the areas designated and the absence of significant upland native habitat patches. 11. Tier III -A, referred to as "Special Protection Area" in the Comprehensive Plan, includes isolated upland native habitat patches of one acre or more in area that require increased protection from development. 12. The Tier Overlay District regulations, established for Big Pine Key and No Name Key by Ordinance 29-2005, created a new Section 9.5-256, Monroe County Code that establishes a mechanism for implementation of the Tier System by overlaying the Land Use District Map and amending the boundaries of the Tier System. 13. The Board of County Commissioners has reviewed the proposed amendments to Section 9.5-256 to incorporate specific criteria for designation of Tier I, III, and III -A (Special Protection Areas) boundaries. [THE REMAINDER OF THE PAGE IS LEFT INTENTIONALLY BLANK.] P:\Tier\Tier Overlay Criteria-031506.doc Page 2 of 7 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1: The boundary criteria for Tier I, II, III, and III -A (Special Protection Area) are consistent with and further the goals, objectives and policies of the Year 2010 Comprehensive Plan, particularly Goal 105 and its associated objectives and policies; Section 2: Section 9.5-256, Monroe County Code, is hereby amended that reads as follows: "Sec. 9.5-256. Tier overlay district. (a) Purpose: The purpose of this Tier Overlay District is to designate geographical areas outside of mainland Monroe County, excluding the Ocean Reef planned development, into tiers to assign ROGO and NROGO points, determine the amount of clearing of upland native vegetation that may be permitted, and prioritize lands for public acquisition. The Tier boundaries are to be depicted on the Tier Overlay District Map. Lands on Big Pine Key and No Name Key shall be delineated as Tier I, II, or III. Lands in the remainder of unincorporated Monroe County, excluding the Ocean Reef planned development, shall be delineated as Tier I, III, and III -A (Special Protection Area). (b) Tier boundaries: Tier boundaries shall follow property lines wherever possible, except where a parcel line or distinct geographical feature, such as a canal or roadway, may be more appropriate. (c) Tier boundary criteria, excluding Big Pine Key and No Name Key: The Tier boundaries are designated using aerial photography, data from the Florida Keys Carrying Capacity Study,the endangered species maps, property and permitting information and field evaluation. The following criteria at a minimum are used to evaluate upland habitats and designate boundaries between different Tier Overlays: (1) Tier I boundaries shall be delineated to include one or more of the following criteria and shall be designated Tier I: a. Natural areas including old growth as depicted on the 1985 Existing Condition Map and new growth of upland native vegetated areas identified by up-to-date aerials and site surveys, above four (4) acres in area. b. Vacant lands, which can be restored to connect upland native habitat patches and reduce further fragmentation of upland native habitat. C. Lands required to provide an undeveloped buffer, up to five - hundred (500) feet in depth, if indicated as appropriate by special species studies, between natural areas and development to reduce secondary impacts. Canals or roadways, depending on width may P:\Tier\Tier Overlay Criteria-031506.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 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 Tier III -A boundaries: 1. U.S. Highway 1, canals and open water 2. Any disturbed pinelands or tropical hardwood hammock with invasive coverage of forty (40) percent or more; 3. Property lines of developed lots or vacant lots with a ROGO allocation award or an issued building permit, as of September 28, 2005, located within a Land Use District that allows only one unit per lot; or 4. Property lines of developed parcels of less than 10,000 square feet in area with a ROGO/NROGO allocation award or issued building permit, as of September 28, 2005, located within a Land Use District that allows residential development of more than one dwelling unit per parcel/lot or non-residential development. b. Lots designated Tier III -A (Special Protection Areas) on the 11/29/05 maps may petition the county for a rezoning to Tier III if the lot meets one of the following criteria: 1. The lot will be served by a central sewer and the wastewater collection system has an approved permit that was effective 3/21/06 to construct the system on P:\Tier\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 1.09 acres in area shall be verified by survey prior to its designation as Tier III -A A hammock that is deemed by survey and a field review by County Biologists to fail the minimum size criteria shall have the Special Protection Area designation removed from the subject parcel. (c) Big Pine Key and No Name Key Tier Boundary Criteria: The Tier boundaries shall be designated using the Big Pine Key and No Name Key Habitat Conservation Plan (2005) and adopted Community Master Plan for Big Pine Key and No Name Key. (d) Tier overlay district map amendments: The Tier Overlay District Map may be amended to reflect existing conditions in an area if warranted, because of drafting or data errors or regrowth of hammock. However, the clearing of tropical hardwood hammock or pinelands that results in the reduction of the area of an upland native habitat patch to less than the one -acre minimum shall not constitute sufficient grounds for amending the designation of a Tier III -A area to Tier III. The Tier Overlay District Map amendments shall be made pursuant to the procedures for map amendments to this chapter. Unlawful conditions shall not be recognized when determining existing conditions and regulatory requirements. (e) Request for Tier I designation: Notwithstanding the provisions of Section-9.5-51l(d)2, any individual may submit an application to the planning department containing substantial and competent documentation that an area meets the Tier I criteria. Applications must be received by July 1 of each year on a form approved by the director of planning for consideration by the special master at a public hearing advertised at least fifteen (15) days prior to the hearing date. Said hearing by the special master shall be held prior to November 1 of each year. The director of planning will review the documentation and any other appropriate scientific information and prepare an analysis report for the special master. The special master will render a written opinion to the planning commission and board of county commissioners either that the application meets the criteria for designating the lands as Tier I or that the documentation is P:\Tier\Tier 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 hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. Section 5. This ordinance does not affect prosecutions for ordinance violations committed prior to the effective date of this ordinance; does not waive any fee or penalty due or unpaid on the effective date of this ordinance; and does not affect the validity of any bond or cash deposit posted, filed, or deposited pursuant to the requirements of any ordinance. Section 6. This ordinance shall be filed in the Office of the Secretary of State of Florida. This ordinance shall not become effective until July 14, 2006, but not prior to or without a notice issued by the Department of Community Affairs or Administration Commission approving the ordinance. Section 8. This ordinance shall be transmitted by the Planning and Environmental Resources Department to the Florida Department of Community Affairs to determine the consistency of this ordinance with the Florida Statutes. Section 9. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately numbered to conform to the uniform numbering system of the Code. [THE REMAINDER OF THE PAGE IS LEFT INTENTIONALLY BLANK.] P:\Tier\Tier Overlay Criteria-031506.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 Not Present 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 IM (SEAL) ATTEST: DANNY KOHLAGE, CLERK epu Clerk Mayor Pro Tem Murray Nelson rnr A 0 v a cam• � c—� n1 o C© P:\Tier\Tier Overlay Criteria-031506.doc Page 7 of 7 I EXHIBIT C 2 Volume A Map Series 3 Maps A, BB, I,J,K,M,N, &P n .1 R E O'l Current Conditions Future Land Use Growth Management Division 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: Subdivision Development: Paradise Point 40% Wastewater Treatment Area: KL Wastewater District - Basin B N A This map is for use by the Monroe County Gmwth Maneeelna t Diva [on only. The data mnlalntd haein Is not a legal representation of bounda6as. parcels, coeds dot ofwsysar other aaaanphinal data. ELC Recommendation Tier Overlay District Tier 0 Tier I - Native Area 0 Tier 11 - 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 Map Series: A AIA, #14 5-J, OIL' 1711-44,110,10 4. A�l Vow 11 jo �J. AW. I oml� kA.vFt.!%�= mi'm age lair I_lw I JL T. 0 It r 44N ok P. \VP If 4V 47. .......... ............ ... C 0 a 7n 1 - Developed Land 8 - Freshwater Wetland ELC New Issues A 2 - Undeveloped Land 9 - Salt Marsh Competing ROGO 3 - Impervious Surface 10 - Buttonwood iH+mept+kr MonmM-Is In Gre-M A1av wdm+ drYbnpwoou+oMy 2009 Land Cover -- Habitat 11 -Mangrove aStaff Added She data mmeh-d Aereln i+[IIWt'ethe only erdmryr�ecoi ordy depkl 4 - Hammock hurrderhe+, perok, reach, dgh—r. ay a ldrmt6Wj0A hi M"im 5 - Pineland 12 -Beach Beim Exhibit C �d:arm Mnme.[punty.lrpwd Mampmerd ® Staff Added - Competing ROGO 6 - Exotic 13 - Water ___ 7 - Scrub Mangrove 2009 Land Cover- Habitat Map Series: A N AELC New Issues Tor I - Native Area Competing ROGO Tier II -Transition and SprawlArea TDRC, Staff & Planning Commission Recommendation StaffAdded TiierIII- InfillArea Exhibit C rhan,.aahrM.�hveMis M,n.�.,.moa �a. p.,,,,.,o,,r_ Staff Added -Competing ROGO Tier III -A - Special Protection Area 1M dar. mK.Yrd herein a ituaaarM aNr an0 may ..r .carrateM deaf S-; CO -C~ hik"-dbw i"E3 Fkh M&r. TDRC Meetings: September- 30, 2010 and August 25, 2011 Military Map Series: A H Zoning Current Conditions Future Land Use Growth Management Division a k`= 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: Rockland Key Subdivision Development: N/A Wastewater Treatment Area: Big Coppitt Sewer N A This nap Is for use by the Monroe County Growth Managemert aWlen only. The data contained herein is not alagal representation of boundaries. parcels. roads right of ways or other aeoeranhirs I dat & ELC Recommendation 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 0 Staff Added ® Staff Added - Competing ROGO Exhibit C 2009 Land Cover -Habitat 1 - Developed Land 2 - Undeveloped Land 3 - Impervious Surface 4 - Hammock 5 - Pineland 6 - Exotic 7 - Scrub Mangrove ® Staff Added ImStaff Added - Competing ROGO 2009 Land Cover - Habitat Map Series: N A TDRC, Staff & Planning Commission Recommendation 7 map4teramloa Cauoy G-h Man►"Mm Dbkion pume1 only. 7M data anaNM hMain LL YIW tntive only and nwY mt Kt4rlaiY dapic hao+o4rlaf,pray, raadr,d�hld,v.y arldammationirdennarfan Yrupwnml aM us rith a WOW* TDRC Meetings: September 30. 2010 and August 25, 2011 oaa Swrrst MtYYOe fanny Grevd� ELC New Issues Tier I - Native Area CompeOngROGO �TierII- TransitionandSprawlArea 13 StaffAdded - Tier ill - Infil Area Staff Added -Competing ROGO Tier lil-A- Special Protection Area - Military Exhibit C Man rtpriPc- BB Zoning Current Conditions Future Land Use Growth Management Division 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: Key Largo Subdivision Development: Harbor 5 hores: 63% Wastewater Treatment Area: KL Wastewater District - Basin G N A This map Is for use by the Monroe County Growth Management Dhdsion only. The de to contalned herein is not a logairepresomadon of boundaries, narceis, roads risht of warsor other sea -him] da w ELC Recommendation 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 Staff Added ® Staff Added - Competing ROGO Exhibit C 4w N. '4' I A* Nk;� m 7�4 v 1150 it, VN r �64 i-A fie OIL �Apv AV • AINE am 10 5 Ilk w h In IPA% m TIP X l4f�W -91 vv 1w mH XC IL Al N w v (1) E 0 U N 1 - Developed Land 8 - Freshwater Wetland ELC New Issues A 2 - Undeveloped Land 9 - Salt Marsh Competing ROGO 3 - Impervious Surface 10 - Buttonwood Th- 016OMAIndh"nIsap It for Gravth 2009 land Cover - Ha bitat 4-Hammock 11 -Mangrove Staff Added MA rm.tioNiw�pa aM* Exhibit C Teas.tiW�u��..&hght-01 <dw.�m� �d t..r � 5 - Pineland 12 -Beach Berm twuMries.q.at, rotor, a�ht•w,r�r aka rotsation womutlon ® Staff Added - Competing ROGO o,oswan• rAarooCawtr•Gro.Ahhtauwnmt 6 - Exotic 13 - Water 7 - Scrub Manarove 2009 Land Cover - Habitat Map Series: I a� v 0 U AN ELC New Issues Tier 1- Native Area Competing ROGO Tier II - Transition and Sprawl Area TDRC, Staff & Planning Commission Recommendation Staff Added -Tierlll- InfillArea Exhibit C Tdrmay isW Mmme6-W Woanh Menetmlmi ONYionp.q MJ o,J,. nW=8Wrwei�edn.r.inhOM1e,i..a* .nem.,�> WMWve.pw Staff Added -Competing ROGO Trer lil-A-Spedal Protection Area hourda m y.m►, reeds, d{hrd♦vey ar ideneMaebn iMormHMn 0.9 somro : Mmm.C.."•C—Wth Mmgemm and VS. rishi VAffif. TDRC Meetings: September 30, 2010 and August 25, 2011 - Military Unn Caridac- 4 Ito 07 IF! AS i k.; Current Cond-it ions fill • 'N' 4144, a� a� 0 U N 1 - Developed Land A 2 - Undeveloped Land 3 - Impervious Surface .I.map isfor w #V rd °M�.t*dapj 2009 land Cover - Habitat 4-Hammock 7ha data mmalnd Main Is tllusYrtha My aM may na[ acawlaly depki b—darks, puck, roads, AShi,&—y or idatiE/gt Wn Wartrwtfon 5 - Pineland omsmran: aaaroaCnmty•�+rawhahaoasamun s — EXOtIC 7 - Scrub Manarove 8 - Freshwater Wetland 9 - Salt Marsh 10 - Buttonwood 11 - Mangrove 12 - Beach Berm 13 - Water ELC New Issues Competing ROGO .. Staff Added Staff Added - Competing ROGO 2009 Land Cover - Habitat Exhibit C Map Series: J ri l JJ^ I ' I� �{ r � _ �'� .L 'J� "ram ,,��,i � �, � 4^J• , _ ] .uj jo c rr r .,J a FR M n ti ill• !, _ ' , y I 61 CD 9. u. A ` 4 f , =5 G/�SPi.fdli_f�f�f3i �, ,r y• j``y rf: • : t . a RC, Staff & Planning Commission Recommendation AM r REM OW . 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I'= AA 'Nk i NIN- ;,v" Y a. ! i a s • aye n 1T r �Tk WL ,ter 1 _ a Y• .rj+Y. t LJ.xy �'' { 1 O IF& y. 7 L Ve C Berm k, H r� _k'fi�� rCl'yy. r -01 '4 Y NEW (41 IT 7V j�- A .1 W-Al i eery P g. - - IN 4AP 4L rfi A 9• FF it NT' Z7 P. ov • zo� 4 A a, a� E 0 U c N 1 - Developed Land S - Freshwater Wetland ELC New Issues A 2 - Undeveloped Land 9 - Salt Marsh Competing ROGO 3 - Impervious Surface 10 - Buttonwood IMmap taOntaM"p'�Is1HOMMM y and aynotKwmt "`"� 2009 Land Cover - Habitat 4 -Hammock 11 -Mangrove � Staff Added Exhibit C -.a.m�.� ,�,� ,Y.��.w .�mry�tbf"Im „a 5- Pineland 12 - Beach Berm bu1ld.Il.[, Q.rp Y. Iwd,, f(h}pl,w.y a k,lltf/[.[i0. M.�mll.n au swro : M".. minty-c..,.m M.iupmml Staff Added - Competing ROGO 6 - exotic 13 -Water 7 - Scrub Mangrove 2009 Land Cover- Habitat Map Series: M [no AM N ELC New Issues Tier I - Native Area ACompeting ROGO Tier 11-Transition and Sprawl Area Staff & Planning Commission Recommendation Staff Added -Tor III - InfillArea Exhibit C ThU map is br Man Ga VG,a hManapma Diva loep�peaas W Staff Added -Competing ROGO Tier III -A -Special Protection Area TM data mMaWd W*Jn Is theratha&* JedmayoetacWQt* depict b_.tt parui, roads•d�h4d+way act ida M"tbn WOO 11 o Dab Soaltrs: MuvoJ mar •6roMh MwatlnaY and VS Fhh • MM1tdOfa TDRC Meetings: September 30, 2010 and August 25, 2011 - Military Mao Series: M 4 AL VW-AF VMW JL, z oil Illalloolillwo, mill I I O&W. AM" . p-r l'O - — '. r _ i j�..rt�F +`•+r.J _ 1•:� +.v �'}rF - _ , r : _r 1 �r 'w I 14 < r LiL' m "11 r, ss S[- s�,_P►r nwsrw r.r.�wrw nwr.ro.. A": i 10 _ , . 4' - ' ' .. •- .. a �' l• � •�•Y � _.- r. • • T. �x v r -f 4 , k 4 Ap { q i o. j. 110 + • i r , : y�F i 1 # -r - e IL I !=f_),L r' _ Y i"�i, L - r. : ! . 1 i - r,. 1 r - r a . Vw or < } v i7 r 4" c r 1 G:' -.._sue- -�- t k P;. v �.. i _ f I �. i� � {� :• -,L a 'tyw it � / .. _ � ., ..{ r-. - pf�, �- - • } � •.i - ; ,' ly `, S 1� r ever - Habitat I 4 - Hammock 11 -Mangrove Q 5 - Pineiand 12 - Beach Berm I rt . .-.,. �:. ••r�,' "�7�L'aS�ia�6'-ad'S"Mf� �Ps+ —. 1 "Ron W_. AM "�i!.:.E•+� ,,,,_ins. ■a:, ., ..A"�i;'.Nhww� Now �::.�: ... :SSL rlUEnl4 n !'� � , �{,', �- �..� �.A�Fx� , i Alf".. 7 1 AW '7iy� ISI pr 1 Zo '71 AVs mp J !lip OL "1 � r f + :} .. ''"-. �3�; . ,;., i. e. it • � -�Hi � � � _ - .e'4: v_- i. r(. ' -i I o , 1 ' VV i • M, , , : .„ ff 1� } r �' �.J 0 Zoning Current Conditions Future Land Use A Growth Management Division 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: Tavernier Subdivision Development: Tavemier Beach: 89% Wastewater Treatment Area: KL Wasterwater District - Basin K N A This map is for use by the Monroe County Growth Management 0"lon only. The data contained herein Is not ale{al representation of ELC Recommendation Tier Overlay District Tier Tier 1 - Native Area 0 Tier II - Transition and Sprawl Area Tier III - Infill Area Tier II I -A -Special Protection Area ® Military ELC New Issues Competing ROGO 0 Staff Added ® Staff Added - Competing ROGO Exhibit C E � 1 y� 1. 4 4 -AL.fd1l1#:'. C � r 11# •'_.. �. a •`'�: '. r f , - r e S Ail i S 1 ;r ,� - . d Y .: } ; , r ' - ;, ��� . a ._ . -'^- - ,,,..eta • - '• , . lei ji wvo y 1 � �I"j-...ur'� "� -fit !J4'r= m " k � 1 4_.. 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I `"i � �� �{ - •... Ti �f h ._� .r, rj 4-4 a ,e • pV ' �R r � z v s" Z 4' a 5rt s is "5i'� .4a. _ r " Mi 5{ L4 f,� •1 E�. k J i �'.. 4 r. Y',rry i rr,",� v' d Y a . �, . A _'�5} � '�� � �{k'ti r•s c• }-M iLti '�jr F�� :��jlrt� 1 , �. ._, i.� �Ilu a ,. ,. .. ,.. /// - - . . - - _ - •, _ " EXHIBIT D Tier Overlay District Map Revisions Z., FIN ............ . BLACKWATE R OR T 1—T . ..... A 00 A - TT Amendments to Tier Overlay District Maps Exhibit D TARPON AVE A Amendment Date: Ordinance -2013 - 27 Parcels for a Tier Chango N to Tier Overlay District Tier I Area 7ier III - I nui Area Tier Iff-A - Special Pratectiori Area ... . .. .... 4 Amendments -Native Exhibit D TARPON AVE A Amendment Date: Ordinance -2013 - 27 Parcels for a Tier Chango N to Tier Overlay District Tier I Area 7ier III - I nui Area Tier Iff-A - Special Pratectiori Area ... . .. .... 4 Amendments -Native Ordinance -2013 - 27 Parcels for a Tier Change N Exhibit D Amendments to Tlar Overlay District i I M Tier I_ N awe Area Amendments to Tier Overlay District Maps EmTerill-infMArea. Amendment Date: Ter III -A - Special Protedon Area Print 0;;tp- Fphrijary 1; ?01 Mar) Series: BBI Exhibit D Amendment Date: ,7 A . . ... .... . .... 2L. EAST DR ER SAILFISH TRL A., 2Mcc j w X r L I i� r I BELL RD jFj 0 T LT . . .......... � � � � � - ...sue � 1 € f 1 0 w - � I— F-1 � - -- z 4-- -.40. U) ; E I FcAPLE RD L1. L -1 - . .. - . A Ne r' qV I OCEAN SHORES DR J Amendments to Tier Overlay District Maps Ordinance -2013 - 27 Parcels for a Tier Chango Amendments to Tier Overlay District Tier I - N atiVe Area T-ler III - lnfjkj Area Tier HI -A - Spec! @I P rotect! on Area BAHAMA AVE MARINA AVE CORAL 0 R OCEAN WAY N A 5 _ 5 1. r r..Y_'• Vlli "s s- %J :--- - JEAN LAFITTE LN 10 Fy w j /• + W / � I tf t� ' F ,r F •`5 ..._ _ � I wf Ordinance -2013 - 27 Parcels for a Tier Change N Exhibit D Amendments to Tier Overlay District Amendments to TierOverlay®Tier I -Native Area District Maps ®Tier ill Infill Area Amendment Date: 0 Tier III -A- Special Protection Area rur�.wr.u�snd..n�wn.r.sewnhMe:errr. rea.wra.pe `+�— _..,,._ IX ;` •�,. � � �9t . .�,,...`�,. �4ri: a- j � �r •' vIr �.. i /> 6. `may, X" Q. - f< Q. X. I I' Ordinance -2013 - 27 Parcels for a Tier Change N Amendments to Tier Overlay District Exhibit D ® Tier I - Native Area Amendments to Tier Overlay District Maps ® Tier III -InfillArea rr.•..Irw.w.o..,�awa,Iw,„wa,,.M>r,ww..,.rr.w Amendment Date: 0 Tier !II -A - Special Protection Area �u..hr • n.wnnr.ww.w.w.wrrrro...i..w. wwa...ra ape I�_L�L -�— Ti-1 -� Exhibit D ��,.,..-..�......a�..,...��....R..,.�.�. Amendment Date: -A ..wand. SOUTH DR / ! �. /• ! V. Ib \ X / \ / / \ �•/" / / \ / \ r \ \ \-r Lu Z \ \ c F k \ N. el /' �o ! \ + \ \ X �\ Amendments to Tier Overlay District Maps / / / / / / ! O, / / / / / / / / 9� t ! / / Ordinance -2013 - 27 Parcels for a Tier Change N Amendments to Tier Overlay District ® Tier I -Native Area jk ® Tier III - Infill Area Tier Ill -A - Special Protection Area -� ARCTIC AVE . . . . . . . . . . . -.1 . ....... - { 17 i r .'t. .A r t r : .q —-r-......_'K �,9`�• r`'\ !fig �' _ .. - . HARRY HARRlS DRCANAL7ST- ,••..••^'T:r �':• - \ \ � '.� :.fir \ '� .__.'.� . IV `+ G � - I fr Ordinance -2013 - 27 Parcels for a Tier Change N Amendments to Tier Overlay District Exhibit D ea Amendments to TierOverlayDistrict®Tern-mill Ara Maps ® II InfiliArea Amendment Date: Tier 111-A - Special Protection Area Exhibit D M wy�1-Ww dlgin lYUM�lY1rY-I-I-a-ry SY���u WIY-1=m\ Y I�wu-Iw MNwA •M�u-M�h MN Ywwfww. M� J. M� M.11[ Amendment Date: ti R DR I SP�ERN�E 1x5{ Amendments to Tier Overlay District Maps Ordinance -2013 - 27 Parcels for a Tier Change N Amendments to Tier Overlay District ® Tier I - Native Area Revised per ® Tier III - Infill Area BOCC Hearing 3/20/2013 EjTier III -A - Special Protection Area 1 - oft O UAWOSP, Ito SOSO, log SHANNAHAN RD--- - -------- - - PM z DOLPHIN RD RC - - -------- 0 O"P .1tse ANGELFISH RD - - -------- - - --------- - - ------ - - GO. I - to TRINIDAD RD Exhibit D Ammdmem., Date: Amendments to Tier Overlay District Maps PriflT Date: February 5, 20-1.3 o ANTIGUA LN Ordinance -20113 - 27 Parcels for a Tier Change Amendments to Tier Overlay District goTor,- NaWeAma Tler I - We Area Map Series: R MONROE COUNTY COURTHOUSE 500 WHI"TEHE.AD STREET, SUI"rF 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 CLERK OF THE CIRCUIT COURT MONROE COUNTY www.clerk-of-the-court.com Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399-0250 Dear Ms. Cloud, Enclosed please find certified copies: April 12, 2013 BRANCH OFFICE: PLANTATION KEY GOVERNMENT CFNI"ER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 ROM BUILDING 50 HIGH POINT ROAD PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 853-7440 Via Certified Mail 7012 1010 0003 4990 5163 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, 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 (DomesticOnly; a rq For delivery information visit our website at www.usps.connG Ln O i- f Er Postage $ m Certified Fee Return Receipt Fee Postmark C3 (Endorsement Required) SPA 1 SerM201 Restricted Delivery Fee J O (Endorsement Required) iS r—i O Total Postage 8 Fees vs � m Pro raTI ru ae"t'° Administrative Code and Weekly r3 o StreetARA.---Gfay RaIlZtPYf p{ or Poe!" rp,-.SOJAh.Z=aoUg}-Strset------------------ ag scare, 1ahassee, 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 3 o w n - Na c3 _ CO C7 O Z4 C3 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-13-055 STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY w a 75 r m J r- C c In re: A LAND DEVELOPMENT REGULATION' N a ADOPTED BY MONROE COUNTY, FLORIDA, ORDINANCE NO. 015-2013 = 3 µ r C) .. o FINAL ORDER w ` APPROVING MONROE COUNTY ORDINANCE NO.015-2013 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. 015-2013 (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 or ratifies the Monroe County Tier Overlay District Map designations for twenty-seven (27) parcels 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. FINAL ORDER NO. DEO-13-055 5. "Land development regulations" include local zoning, subdivision, building, and other regulations controlling the development of land. § 380.03 ] (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, 105.2.1, and 105.2.6, and Goal 205. WHEREFORE, IT IS ORDERED that Monroe County Ordinance No. 015-2013 is found 0) FINAL ORDER NO. DEO-13-055 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. William B' Kil kgsworth, Director Division of Co unity 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-13-055 DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND 120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND 1I, 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 MADIS014 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-13-055 CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the undersigned designated Agency Clerk, and that true and correct copies have been furnished to the persons listed below by the methods indicated this 00 day of June, 2013, Miriam Snipes, Agency Clerk Department of Economic Opportunity 107 East Madison Street, MSC 110 Tallahassee, FL 32399-4128 Telephone: 850-717-853 l 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 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS A.MFNr)[',(,THE TIER OVERLAY DISTRICT DESIGNATIONS FOR APPROXIMATELY TAT-INITY mowr (28) PARCELS, WHICH PARCELS CURRENTLY HAVE TIER I)IFSiONATIONS. EXHIB[T Safion 2, The parcels previously &3ipated Tier I which are now designmed Tier IIJI am shown below;: 30121980-000000 00114020-000000 00122080-000000 00114020-OWIOO 00124020-000200 g. ;iji IM . iv d Sid ti of Jhj y P( 100114030-0003W -mv bift. I P 177777 Rmpre( ll 00207510-OOM 00207520-M000O parcel previously hovings split designslioabf Tier III and Tier III -A (SPA)wWvhijnow? dm4me4Tier III is shown below. 00088160-000100 I.li.. ... ... ....... Midi X —77,7 . "_ y V ..' 000U260-000OM 00088170-000000' 00084260-0002W OD087880-000000 Scaqw-7 ;.Me paid; previously designated Tier I I I -A (SPA),which 'ere now desipmed Tier Ili at shown below. 00084260-000100 W446050-000000 00506320.000000 00084260-000300 00447160-OW000 00SM30-OW000 00090270-000000 OD447170-ODCAM 00446040-000000 00S06210-000000