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Item Q1BOARD of COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting late; March 20, 2013 Division: Growth Mara ement Bulk Item: Yes No X Department: Planning Environmental Resources Staff Contact Person/Phone # : Christine Hurley — 89- 517 Mike Roberts - 9-0 AGENDA ITEM WORDING. Second of two required public hearings to consider Ordinance by the Monroe County Board of County Commissioners assigning Tier Overlay District Designations to Approximately sixty three arcels (63) p detennined 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 Cody) in accordance with the Final Order in DOAH Case No. 06- 449 M . ITEM BACKGROUND: Please sec attached staff report. PREVIOUS RELEVANT BOCC ACTION: The Monroe County Board of County Connnissioners (BOCC) adopted Ordinances Nos. 008- 006, oo - oo 010- oo , 011- 006, and 013- oo (Tier Ordinances) which set forth criteria in the Land Development Regulations implementing a "TierSystem" and adopting Tier Overlay District Maps in order to protect the natural habitat and guide development toward less environmentally sensitive areas. Following the "d of two public hearings on May 4, 2011 the BOCC adopted Ordinances 005- 011, 006- 011, 007- 011 and 008- 011 amending the Tier Overlay District reaps in accordance with the Final Order in DOAH Case No. 06-2449GM. February 20, 3 013 — First of two public hearings herd by the BOCC oNTR A TIA REEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval TOTAL COST. SIRE T COST: DIFFERENTIAL OF LOCAL PREFERENCE: E: COST TO COUNTY: BUDGETED: Yes No SOURCE OF FUNDS. REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty & OMB/Purchasing Risk Management DOCUMENTATION: Included Not Required DISPOSITION: AGENDA ITEM To: Through, From. Date: Re.. Hearing Date: MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT E T e strive to be caring, professional and fair Monroe County Board of County Commissioners Christine Hurley, A.IP, Growth Management Director Michael Roberts P, WSr. Adrninistrator/Envirorn ,tal Resources February 4, 2013 Tier Designation Review Committee ('IDRC) Recommendations Staff Deport February 20, 2013 March 20, 2013 (5:01 pm) 1 I. BACKGROUND 2 3 The 2008 "3 0 day report" submitted to and accepted by the governor and Cabinet 4 regarding progress under the 10 year work program required Monroe County to 5 prepare new habitat data based on the best available ortho-photography and to establish a Tier Designation Review Committee (TDRC) with members selected 7 by the DA.. The TDRC was established to make recommendations to the 8 Monroe County Board of County Commissioners on proposed adb ust ments to the Tier boundaries. The TDRC met for the first time on February 23, 2010 to begin 10 the review of the challenged parcels. 11 12 Growth Management Division staff have evaluated fifty eight (58) parcels located 13 on privately owned off` -shore islands and an additional four 4) parcels within 14 umneerporated Monroe County that did not have an official Tier designation. 1 16 The TDRC reviewed the maps and associated data at the TDRC meetings held on 17 September 30, 2010 and finalized their reeonunendations on August 25, 2011. 18 The Planning Commission reviewed the recommendations of the TDRC and Staff 19 and tools public testimony, and made recommendations on November 14, 2012. 0 1 WAGROWTH MAMA EMENT ier Committee MmUng and informationWolume ATOM HearingATierless parcels Ordinanc&Staff ReportTOCC Staff* Report Volume A Tiale'ss Parcels.docx Page 1 of 9 I Parcel Information 2 3 Sixty-two (62) parcels are being recommended for a Tier designation by Staff, the 4 TDRC and the planning Commission. 5 6 Three of the parcels reviewed are privately owned previously developed parcels 7 located on Boca Chica Hey (Map Sees X) are being recommended for a Tier III 8 designation. One parcel is owned by the Monroe County Land Authority and is being recommended for a Tier I designation. The remaining fifty-eight (58) 10 parcels are located on off -shore islands and are being recommended for a Tier I I 1 designation in accordance with Chapter 13 0-13 0 of the Monroe County Lard 12 Development Code and Policy 10 .7.3 of the Monroe County Comprehensive 13 Plan 14 15 Table 1. Staff`, TDRC and planning Commission Recommendations 1 Parcels With Staff recommended Tier Change No Previous Tier offshore islands & Tier I 59 MCLA parcel Tier III -A 0 Tier III 3 Total 62 17 18 19 11, PROCESS 0 1 Tier overlay amendments are processed as changes to the land use district map 22 (130-130(e)). The Director of Planning shall review and process Tier Overlay 3 map revisions and pass them, on to the Development review Committee and the 4 Planning Commission for recommendation and final approval by the BOC . 25 The planning Commission shall hold at lust one public hearing on the proposed 26 map revisions. The P lammng Commission shall review the revised maps, the 7 reports and recommendations of the Tier Designation Review omnu'ttee 28 (TDRC), the Department of Manning & Environmental resources and the 9 Development review Committee, and the testimony given at the public hearing, 30 and shalt submit its recommendations and findings to the BO. 31 32 The Manning Commission reviewed the proposed tier recommendations by the 33 TDRC and Monroe County staff and conducted public Hearings regarding the 34 Fier Designations on November 14, 2012. Following receipt of public input and 35 consideration of the TDRC and Staff recommendations, the Planning 36 Commission nude a recommendation to the Board of County Commissioners for 37 designation of each parcel reviewed. This Staff report summarizes the Page 2 of 9 1 recommendations of the TIT ,, Staff and the Planning Commission and where these recommendations differ, the reason or rationale behind the variation. 3 4 The BOCC shall consider the staff report, recommendations, and testimony given 5 at the public hearings before it. Because of the statutory notice and Monroe 6 County Code notice requirements, two required notification processes will be 7 followed, Individual notices to parcel owners and newspaper advertising will be 8 provided. Two hearings will be required before the BOCC because of statutory 9 requirements for contiguous parcels of more than 10 acres. if the BOCC adopts 10 the ordinances, they are sent to DC A for consideration and approval by a final I order, published in the Florida .Administrative weekly. There is a 21 day appeal 12 period before the ordinances are considered final. 13 14 III. ISSUES 15 16 As shown in the summary tables, the most affected category of parcels 17 recommended for Tier change were the of -shore parcels located on the Palo Alto 18 Keys. These parcels were not assigned a Tier designation at the time of the 19 original adoption, presumably because they were thought to be part of the Ocean 0 Reef Club planned development. These parcels (49 in total) were all 1 recommended for a Tier l designation based on Comprehensive Flan Policy 22 102.7.3 which states. Monroe County shall discourage develo menu proposed on 3 offshore islands by methods including, but not limited to, designated offshore 4 islands as Tier I Lands [W-5.006(3)(c)6]. 5 6 Iv. Consistency with the Principles for Guiding Development in the Florida 7 Keys Area of Critical State Concern pursuant to F.S. Chapter 380.0552( , 28 29 For the purposes of reviewing consistency of the Land Development Code or any 0 amendments to the Code with the principles for guiding development and any 31 amendments to the principles, the principles shall be construed as a whole and no 32 specific provision shall be construed or applied in isolation from the other 33 provisions. 4 5 (a) To strengthen local government capabilities for managing land use 36 and development so that local government is able to achieve these 37 objectives without the continuation of the area of critical state concern 8 designation. 39 (b) To protect shoreline and marine resources, including mangroves, 40 coral reef formations, seagrass beds, wetlands, fish and wildlife, and 41 their hab i tat. 4 (c) To protect upland resources, tropical biological connxunities, 43 freshwater wetlands, native tropical vegetation (for example, 44 hardwood hammocks and pinelands), dune ridges and beaches, 45 wildlife, and their habitat. Page 3 of 9 I (d) To ensure the maximum Drell -being of the Florida Keys and its citizens through sound economic development. 3 (e) To limit the adverse impacts of development on the quality of 4 water throughout the Florida Keys. (0 To enhance natural scenic resources, promote the aesthetic benefits of the natural environment, and ensure that development is compatible 7 with the unique historic character of the Florida Keys. 8 (g) To protect the historical heritage of the Florida Keys. 9 (h) To protect the value, efficiency, cost-effectiveness, and amortized 10 life of existing and proposed major public investments, including: 11 1. The Florida Keys Aqueduct and water supply facilities; 12 2. Sewage collection and disposal facilities; 13 3. Solid waste collection and disposal facilities; 14 4. Ivey West Naval Air Station and other military facilities; 15 5. Transportation facilities-, 16 6. Federal parks, wildlife refuges, and marine sanctuaries; 17 7. Mate parrs, recreation facilities, aquatic preserves, and other 18 publicly owned properties; 1 9 8. City electric service and the Florida Keys ElectricCo-op; and 20 9. Other utilities, as appropriate. 1 (1) To limit the adverse impacts of public investments on the 22 environmental resources of the Florida Heys. 3 ) To make available adequate affordable housing for all sectors of the 4 population of the Flonda Keys. 5 ) To provide adequate alternatives for the protection of public safety 26 and welfare in the event of a natural or rnamnade disaster and for a 7 post disaster reconstruction plan. 8 (1) To protect the public health, safety, and welfare of the citizens of 9 the Florida Keys and maintain the Florida Keys as a unique Florida 30 resource. 31 Staff finds the proposed amendment consistent with the Principles for Guiding 32 Development as a whole and is not inconsistent with any one principle. 33 4 V. Staff Recommendation: 35 36 Staff recommends approval of the Tier designations for the 62 parcels depicted 37 on leap series R, X and Y. 38 39 VI. Exhibits 40 # ordinance xxx- 013 Assigning a Tier Overlay District designation to appro n atel 41 62 parcels that have no previous Tier designation 42 * List of Parcels with No previous Tier designation (EAlbit A to the Ordinance) Page 4 of 9 I Section 1 0-1 3 0 of the Monroe County Code (Code), formerly Sec. 9. 5-5 as amended her the Final Order concerning Ordinance 10- 006 and in the 3 Monroe Counter Year 2010 Comprehensive Plan (Plan) Policies 10 .7.3, 4 103..11,105. .1 and 205.1.1 I (Exhibit B to the Ordinance) 5 9 Volume A. Map Sefies Maps R, X and Y (Exhibit C to the Ordinance) 6 9 Tier Overlay District Map Revisions (Exhibit D to the Ordinance) 7 Page 5 of 9 ORDINANCE - 20I3 AN ORDINANCE BY THE MONROE COUNTY BOARD of COUNTY COMMISSIONERS ASSIGNING TIED OVERLAY DISTRICT DESIGNATIONS To APPROXIMATELY SIXTY TWO (62) PARCELS WHICH CURRENTLY HAVE NO PREVIOUS TILT DESIGNATION; PROVIDING FOR EVERA BILI'TY; PROVIDING FOR REPEAL of CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL To THE STATE LAND PLANNING A ENC Y 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 (Bo) adopted Ordinances Nos. 00 - o06, 009- 0o , 010- 006, 011 i o06, and 013 - 006 (Tier Ordinances) which set forth en't a 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; . 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 e Conservation and Natural Area b. Tier III -A Special Protection Area (SPA) c. Tier III 1nll Area 3. The Tier Ordinances were challenged by the Florida Keys Citizens Coalition, Inc. and Protect Ivey West and the Florida Keys, Inc. d/b..ra Last Stand in D AH Case No. 06- 44 G as bemng inconsistent with Section 380.0552(7) Florida Statutes; 4. The Admu' listrati' ve Law Judge issue. his Recommended order (AIJ Order) on June 26, 007 and Florida Department of Community Affairs Secretary Thomas G. Pelharn 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 recornmendations in the ALJ Order; 5. The Order determined that the four (4) acre minimum threshold for Tier I designation and the one (1) acre minimum threshold for Tier III -A as criteria in Ordinance 10- 006 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 III -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- 13 0(e) ; 8. The criteria for the tier overlay district map designations Tier I, Tier III -A and Tier III are in Section 130-13 0 of the Monroe County Code (Code), formerly Sec. 9.5-256 as amended by the Final Order concenfing Ordinance 10- 006 and in the Monroe County Year 2010 Comprehensive Plan (Plan) Policies 10 .7.3 3 103.2.13105.2.1 and 205.1.1 all attached as Exhibit B; . The Comprehensive Play Policy 205.1.1 still includes as one of the Tier I 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 Ivey and No Name Ivey 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 10 .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. (§ 13 0-13 0(c)(1)a Monroe County Code) 12. The 2008, 2009, and 2010 "Thy 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 availabi a orthophotog raphy, which was completed in September, oo ; 13. The 2008, 2009 and 2010 "Thirty Day Report' also required that the County convene a Tier Designation Review Committee (TIC ) 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 I IIA (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. 1010 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, 201 o and August 25, 011 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 Designad on ordinance February, 2013 � Page 2 1 5. The TDRC considered a three -page series of color aerial naps designated A throe gh 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 H anuno ck e. U.S. Fish and wildlife Listed Species (2009) f. Land Cover Habitat 2009 (different vegetative communities) g. Environmental Law Center L 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 reaps, and recommended assigning tier designations to parcels in Volume A on pages 1, X, and Y. 17. The TDI} 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 Conunittee 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; o. The P l anning Comnussion considered the maps related to this Ordinance (maps R, X, and Y) based on a three -page series of color aerial reaps 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 3 o, 2010, and August 25, 2011; 1 * The Planning Commission considered the criteria as set forth in Exhibit C in Code Section 13 0-13 o and in Flan Policies 10 .7. , 10 . .1,105. .1 and 205.1.1. public comment, staff recommendations and the Staff report dated November 2, 01 ; . The Planning Commission recommended adoption of this ordinance amending the Tier Overlay District Maps and found this ordinance consistent with the Monroe County Year 010 Comprehensive Plan; . The BOCC Meld public hearings on February 20, 2013 and March 20, 01 3 ; Volume A Txerl ess Parcels Tier Designation Ordinance February, 2013 Page 3 4. The BOCC considered a three -page series of color aerial maps related to this Ordinance designated I, X, and Y, with reference data (Exhibit Q 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) e. 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 cone aunities) g. TDRC and Staff recommendations from September 30, 2010, and August 25, 0 11 ; . The BOCC reviewed the TDRC and Staff recommendations from September 30, 20101 and August 25, 2011, the Staff report dated February 4, 2013 and the Planning onunission recommendations from November 14, 01 ; . The BOCC considered the teria in Exhibit B, Code Section 130-130 and Plan Policies 102.7.3, 103 . .1,105..1 and 205.1.1. public comment, Planning Commission reconunendations and continents, staff recommendations and the Staff Report dated February 4, 2 013 7. 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 P1 an; Now9 THEREFORE, BE IT ORDAINED BY THE BOARD of COUNTY COMMISSIONERS of MONROE COUNTY, FLORIDA: Section I *Recitals.The foregoing recitals are incorporated as though fully set forth herein+ Section 2.No Previous Tier to Tien I. The previously undesignated parcels which are now designated Tier Y are shown on Exhibit A. Section 3.No Previous 'Fier to 'Fier 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 y District Daps adopted by Ordinance 013--oo6 on March 21, 2006, Ordinances oo - 011 006- 011, 007- 011 and 008- 011 adopted on May 4, 2011 as amended, and an supersede other p y maps including the color aerial naps used in Exhibit C. Volume A Tierless Parcels Tier Designation Ordinance February, 2013 pa e 4 1 Section 5.Updated ass. Staff` is directed to update the Tier overlay District Maps wiffi the amendments as shown on Exl-ibit D. Section 6* SeverabUity. It is the intent of the BOCC that as many parcels as possible shalt 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 j ud ment 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 inYnnediately involved in the controversy in which such judgment or decree shall be rendered. Section_ 7.Reneal of Conflictine 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. 30.055(). Section 9.Fi n + 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 1O.Effective Date. This ordinance shall become effective as provided by ] aw and stated above. REMAINDER of PAGE INTENTIONALLY LEFT BLANK SIGNATURE FAGS TO FOLLOW ..r Volume A'TXerless Parcels Tier Designation Ordinance February, 2013 � Page S PASSED AND ADOPTED by the Board of Counter Commissioners of Monroe County, Florida, at a regular meeting of said Beard on March 20, 2013. Mayor George Neugent Maerpro tom Heather Carruthers Commissioner Danny L. Kolhage Commissioner David lice Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MON OF COUNTY, FLORIDA (SEAL) ATTEST: AMY HEAVL N, CLERK MW Deputy Clerk Mayor George Ngent 'r'4E BOUNTY,-OUNTY ATTOR E"y APPRO AS TO FO M.. SUS I M. RI'r• LE c-rA, C-,OU TY ATTORNEY Volume A Tierless Parcels Tier Designation Ordinance February, 2013 page 6 EXHIBIT A List of Parcel.,��� no prev' T'er ds w]OUs I esl(MlatIO AN ORDINA NOE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONEWS ASSIGNING TIER OVERLAY DISTRICT DESIGNATIONS TO APPROXIMATELY SIXTY-TWO (62) PARCELS WHICH HAVE NO PREVIOUS TIER DESIGNATIONS; EXHIBIT A Section 2. The parcels with -no previous Tier which ate now designated Tier I are shown below. 00114030-OOD400 0057314 DOO 00573230-000000 D0573310-OODDDO 00573390-0 OO i 573470-OODOGO D0573550-EOM 00091300-000000 D05731504XXX 0 005732404000000 005733204XXM 00573400-000000 00573480-OOO 00573560-ODO 00091310-000000 00573160-000000 D0573250-000000 00573330-OOOODO 00573410-000000 00573490-000000 005735704)DOOOO 000913504000000 0057317040000Q0 00573250-OOOOOO 00573340 000 00573420-000000 00573500.000000 00573580-0000 00091360-000000 00573180-000000 00573270-000000 00573350-000000 00573430-000000 D0573510-OO000 00573590-OOODOO O 091370-000000 00573190-000000 00573280-00 005733E040)OO4a 00573440-000000 00573520-000000 00573600-000000 00091410`"D O 00573200-000000 00573290-000000 00573370-000000 00573450 000 00573530- 00573610-OOODOO 00091470-OCOM 00573210-000000 005733-000000 005733 000 0057346 0 00573540-OG0000 00573520-000000 000915 20-0000O0 0057377G-000000 00091550-000000 Swign 3. The parcels with no previous Tier which are now designated Tier III are shown below 00122870-000000 00172580-000000 001228904000000 EXHIBIT B "130 Of filC M0111'0C. COL111ty COCIC (Cl,ode), Corili rly Sec- 9.5-P'250 asalflellded by the Final Ordcr allec 10- 1006 -lund i ri the NI on roe C oun rNi Year 2� 0 1 Co III p re.L[I C11 S i ve P I a n -(P [a n) Po I I c les l L t EHTRT'T' R MCC Section 13 0 -13 0 Tier Overlay District Ordinance 10- 006 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 o Name Key shall be delineated as tier I, II, or nI. 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 Ploe Key and No lame Ivey. The tier boundaries are designated using aerial photography, data from the Florida Keys Carrying Capacity Study, the endangered species naps, property and permitting infonnation 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 10 1 - l , identified on the threatened and endangered p lant 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 Ivey and No Narne Key that are not designated tier I shall be designated tier III. a. The following conditions shall constitute a break in pinelands or tropical hardwood hammock for calculating the one -acre minimum patch size for designation of tier III -A boundaries: l . U.S. Highway 1, cams and open water, . 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 Ro OIN OGo 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 note -residential development. b. Lots designated tier III -A (Special Protection Areas) on the November 29, 005 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 suer and the wastewater collection system, has an approved permit that was effective March 2 1, 2006 to construct the system on file from the Department of Environmental P tectlon *,; 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 neap change to update the Fier Three overlay Zoning Map and it is approved by the department of community affairs c. Any hammock identified to the county's data base and aerial surveys as 1.00 to 1.09 acres its 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 fall 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 (005) and the adopted community master plan for Big Pine Ivey and No Name Ivey. Exhibit B page 2 (e) Tier overlay district map amendments. The tier overlay district snap may he amended to reflect existing conditions in an area if warranted because of drafting or data errors or regrowth of harnmock. 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 neap amendments shall he made pursuant to the procedures for map amendments to this chapter. Unlawful conditions shall not he recognized when determining existing conditions and regulatory requirements. (f) bequest for tier I designation. Notwithstanding the provisions of section 102-15 8 (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 he 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 he held prior to November I of each year. The director of planning will review the documentation and any other appropriate scientific information and prepare an analysis report for the special 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 10-158(d)(3), (d)(4) and (d)(5). Exhibit B Page! 3 Monroe County Cony Drehensive Plan 2010 PoliEj 102.7. Monroe County shall discourage developments proposed on offshore islands by methods including, but not limited to, designated offshore islands as Tier I hands [W-5.006(3)(c)6] Polley 10 t2.1 Monroe Counter shall implement methods including, but not limited to, designating known habitat of the chaus swallowtail buttery as Tier I. [9J-5-012(3)(c)1; 9J-5.01 3(2c)5 and 6] Policy 10:5t2.1 Monroe Counter 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 srnart growth initiatives in accordance with the criteria in Po l icy 2 o5.1.1. These three categories are; Natural Area (Tier 1); Transition and Sprawl Reduction Area (Tier I on Big Pine Key and No 1 arne Ivey 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 :.Any defined geographic area where all or a significant portion of the land area is character' zed 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 vaunt 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 Ivey and No Dame 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 inf-astructure 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 vaunt 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 Infi l l 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] 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. 0 Vacant land which can be restored to connect upland native habitat patches and reduce further fragmentation, of upland native habitat* 0 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 sand 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 Ivey designated as Tier L 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 111. 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 ORDNANCE NO., 010 -2006 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING THE AMENDMENTS TO THE MONROE COUNTY LAND DEVELOPMENT ENT REGULATIONS T IMPLEMENT GOAL 105 OF THE 2010 COMPREHENSIVE PLAN AND THE TIER OVERLAY SYSTEM BY AMENDING SECTION 9. 25 TIER OVERLAY DISTRICT; PROVIDING CRITERIA FOR DESIGNATION OF TIER EOU DAREE; PROVI DING A MECHANISM FOR TIER OVERLAY DISTRICT MAP AMENDMENT • PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH, PROVIDING FOR INCORPORATION IN THE MONROECOUNTY� CODE OF ORDINAN E # DIRECTING THE PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO TRANSMIT A COPY OF THIS ORDINANCE TO THE FLORA DEPARTMENT O COMMUNITY AFFAIRS; AND, PROVIDING FOR AN EFFECTIVE HATE. HEREA , the Monroe County Board of County Commissionm, during public hearings held 1n December 2004, January, February. March,Aril May March 2006, reviewed and considered a proposed amendment to provide crit a and roc . Fr procedures for enacting a Tier Overlay District MaP designation on the Mourne Coup Land Use District County �strict MOP to imPlem xt Goal 105 of the 2010 Comprehensive Plan, Rule 8- 0.100 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- 004 adopted June 16, 2004to include criteria for delineation of Tier boundaries in accordance With Opal 105- WHEREA , the Monroe County Board of County Commissioners makes the following wing Findings of Fact: 1. Goal 105 provides a framework , for future development and land ac uisitio F q n for the next 20 years that considers the carrying capacity of the Florida a reduces .�� sprawl and promotes sustainahllity, 2. The specific Tier Map designation criteria and Tier Overlay District were deve loped following the general criteria in Goal 105, identi n areas appropriate . �for additional development and those which are important environtnentall and should he preserved. y F rved. . The Planning Comnlission, after hearing public comments and staff input F t at four public hearings on the draft crita, recommended approval November apl , to the Board f CountyCommissioners of the proposed amendments to the Land Development � t Regulations. PATier-Mer Overlay Criteria-031506.doc Page 1 of 7 4. The Board of County Commissioners during the series of public hearings . , � l�s held in the first part of 005, directed staff to make revisions the bound criteria for . � delineation of Tiers and by changing all Tier II designations outside of Big Pine a and t o `acne e designation. � ytoaT�er� 5. The Board of County Commissioners approved in concept revisions to the habitat protect'on elements of the proposed amendments to the Comprehensive Plan on . August 1 , 00 , in response to concerns raised by the Governor and Cabinet and negot iations � tons with DA 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 Tiers stem b instituting y nstxtutrn a Tier III -A (Special Protection Area) for unproved habitat protection in Tier M. 7. The Growth Management Division staff prepared specific criteria for the . delrneat�on 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 harmnock size and buffers where possible. 9t Hammock size is a rnaj-or determinate of habitat uali according to l� . . �. � , which �s why size and connectivity were used to identify the best and most important . � t terrestrial habitat areas for preservation. 10. Tier III is appropriate for additional in#ill development because of . � the location and amount of existing development in the areas designated and the absence of i ' t � s scant inland native habitat patches. 11. Tier III -A, referred to as ""Special protection Area" in the Comprehensive . F hensive Plan, includes isolated upland native habitat patches of one acre or more in area that • . re Increased protection frorn development, re 12. The Tier Overlay District regulations, established. for Bigpine Key and No Name Key by Ordinance 29-2005, created a new Section 9.5-256, Monroe bounty bode that establishes a mechanism for implementation of the Tier b Systemy overlaying the Land use District Map and amending the boundaries of the Fier System. 13. The Board of County Commissioners has reviewed the ro 0 � � s amendments to Section . 5-5 6 to incorporate specific criteria for designation of Tier per I. III and III -A (Special Protection Areas) boundaries. [THE REMAINDER OF THE PAGE IS LEFT INTENTIONALLY BLANK.] PATier\T ier OverlayCriteria-031506.doc Page 2 of 7 NOW THEREFORE, E, BE IT ORDAINED BY THE BOARD OF COUNW COMMISSIONERS of MONROE COUNTY, FLORIDA, THAT: Section I - The boundary criteria for Tier I, II, III, and III -A (Special protection Area) are consistent with and fin -their 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. . - 56. Tier overlay dbtrict (a) Purpose: The purpose of this Tier Overlay Ili stri ct 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 penmkt4 and prioritize lands for public acquisition. The Tier boundaries are to be depicted on. the Tier Overlay y District Map. Lands on Big Pine Ivey and No Narne Key shall be delineated as Tier I II or 1II. Lands in the remainder of unincorporated Monroe County, excluding the Ocean Reef planned development, shall be delineated as Tier I, 1H, 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 Naive : The Tier boundaries are designated using scrim photography, data from the Florida e ys Carrying Capacity tudy,the endangered species maps, p� ro and ermittin property information and field evaluation. The following criteria at a um 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 teals 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 up 1 and 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 irnpacts. Canals or roadways, depending on width may P:1TierITier Overlay Criteria-031506.doc Page 3 of 7 form a boundary that removes the need for the buffer or reduces its depthip d, Lands designated for acquisition by public agencies for . p � conservation and natural resource protection. etKnown locations of tbreatened and endangered species as defined in section 9.5-4. identified on the Threatened and Endangered Plant and Animal Maps or the Florida Keyscapacity . Ong Study Wisps, or identified in on -site surveys. f. Conservation, Native Area, Sparsely Settled, and Off -Shore Island Land Use districts, 9 Areas with rr 'nimal existing development and infrast=ture. (2) Lands located outside of Big pixie Ivey and No Dame Key that are not de signated Tier I shall he designated Tier III. (3) Designated Tier III lands located outside of Bigpine a and y o Dame Ivey with tropical hardwood hannnock or pinelands of greater than on acre in area shall he designated as Special protection Areas. a. The following conditions shall constitute a break in m- elands or p tropical hardwood hammock for calculating the one -acre minimum patch size for designation of Tier III -A boundaries: I , U.S. Highway 1, canals and open water t Any disturbed pinelands or tropical hardwood hammock with invasive coverage of forty (40) percent or more • 3. Property lines of developed lots or vac . ant lots with a ROGO allocation award or an issued huildmgpermit, 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/NRO GO al to cation 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 p per �e of p or non-residential development. h. Dots designated Tier III -A (Special Protection Areas) on the 11/29/05 maps may petition the county for a rezoningTier to 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 w as effective 31 110 to construct the system on P:\Tier\Tier Overlay rii ia�03 t 5o6.doc Page 4 of file from the Department of Environmental Protection; or . 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 Com aunity Affairs until such time as the Counter 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 ounty's data base and aerial surveys as 1.00 to 1.09 acres in area shall be verified by Bey 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 nummum size criteria shall have the Special Protection Area designation removed from the subject parcel. Big ,dine Key and No Name Key Fier Boundary Criteria: The Tier boundaries shall be designated using the Big Pine Ivey and No Name Key Habitat Conservation Plan (2005) and adopted Connnunity Master Plan for Big Pine aY and No Name Key. (d) Fier overlay district reap amendments- The Tier Overlay I�ist�ict lI may he amended to reflect existing conditions in an area if warranted, because of draf n 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 nu'm'mum shall not constitute sufficient grounds for amending the designation of a Tier IH-A area to Tier 1H. The Tier Overlay District Map amendments shall be made pursuant to the procedures for map amendments to this cater. Unlawful conditions shall not be recognized when deter in g eidsting conditions and regulatory requirements. (e) Request for Tier I designation: Notwithstanding the provisions of Section- . - 11(d)2, any individual may submit an application to the lanni" n department containing substantial and competent documentation that an area meets the Tier I criteria. Applications must be received by July l of each year on a form approved by the director of planning for consideration by the special meter at a public heads advertised at least fifteen 1 5) days prior to the hearing date. Said hearin by the special master shall be held prior to November 1 of each year. The director of planning wi l l review the documentation and any other appropriate scientific information and are an analysis r � s report for the special master. The special master will render a wri tten o inn on to the tannin c - p omnussion and board of county con ssioners either that the application meets the criteria for designating the lands as Tier I or that the documentation is P.\Tier\Tier Overlay rit a-o3l5o6,doc Page 5 of 7 insufficient to warrant a map amendment. The posting, advertising and review will follow the procedures 'n sec* 9.5 -5 l l (d)( 4) and (5)," Section 3. If any section, subsectior4 sentence, clause or provision o f this ordinance is held invalid, the remainder of this ordinance shall not he affected by such invalidi . Section 4. All ordinances or parts of ordinances in conflict with this ordinance are here by eby repealed to the extent of d conflict. The reps of an ordinance hn shall not repeal the repealing g 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 ri p or to the effective date of this ordinance; does not waive any fee or oriel due or unpaid . F p on the effective date of thisordinance; and does not meet the validit y of any bond or cash deposit posted, filed, or deposited pursuant to the requirements of any ordinance. Section 6. This ordnance shall be filed in the Office of the Secretary of Mate of Florida. ' . �' This ordi nanc a shall not become effective until .Iuly 14, 00 6, but not ri or to or without a p nonce issued by the Department of Community Affairs or Administration on�rnission approving . app g the ordnance. Section S. This ordinance shall he transmitted by the Planning and Environmental . � Resources Department to the Florida Department of onnnunity Affairs to deterrnine the consistency ' } of tins ordinance with the Florida Statutes. Section 9. The provisions of his ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Floridan as an addition or amendment thereto and shall be appropriately numbered to conform to the uniform numberings stern of the Code. [THE REMAINDER OF THE PAGE IS LEFT INTENTIONALLY BLANK.] P ATicATier overlay Critefia-031506.doc Page 6 of 7 PASSED AND ADOPTED by the Board of County Comrmssioners of Monroe County, Florida, at a regular meeting of said Board held on theme day of —march , ... , A.D., 2006p Mayor Charles "Sonny" McCoy go sent Mayor Pro Tem Murray Nelson Yes Commissioner George Neugent Yes Commissioner David lice not Present Commissioner Dixie Spehar Yes BOARD OF COUNTY CONMUSSIONERS OF MONROE COUNTY, FLORA ,64o.w. MW "103rQr� Mayor Fro dear Murray Nelson ATTEST: DANNY KOHLA E, CLERK 47 F B epu Clerk qmn c)n• C3 3> r w 4W,11 PATierMer Overlay Criteria-031506.doc Page 7 of 7 EXHIBIT C Volume !1Series 41 Maps R, X AND Y O U L Q3 Zoning Current Conditions Future Land Use I 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: Ramrod Key Subdivision Development: Ramrod snores: 26% Wastewater Treatment Area: Ramrod Service Area - Hotspot N A pas X*P It fa us■ &V*& Menrp■ t■unly 6rowN Wugwn■nt bl.hlnn "If. 'me "Mconuln■d fW4& It of b"ft"sln. wait. FDA" Aft of w ka w 0aff ---* ka l M & ELC Recommendation Tier Overlay District Tier Tier I - Native Area 0 Tier 11 - Transition and Sprawl Area Tier III - Infi11 Area Tier III -A - Special Protection Area Military ELC New Issues Competing RGGG 0 Staff Added ® Staff Added - Competing RQGO Exhibit C DU •a � i 76 �} r3 a 7. 00 t h OW- �-' TN71'" J P • rr 3 s , �- LmwIwo, low ,• •.• i�� � to ��e. ^° ` a a - °' ck,;. 41 TL Yj 1 R # IN T 1 hY Y wn - �■■f i� YT a;Rs r r law fd ,•r. �, � 4 - tic :� .:art a 7.f .� _��. � • � '� �•� � ��- r -ter`' &�"' . i ~ y y -,�• , Y _ —O e: aim A 41. Y x:•f, O . r'� 'j ..� :,' S �, J .L ..ate• Fw ��;`� • y a' Y �._. *lot pad Mod _ If, VU r`'.y P44. _ r n• .".. 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" , e } � r ,... _ •-� _ - -_ r� 1 "_ � tr�,�., �"'R"' ' } e' vv �h _._ ." '. -' � '• -r i ...�a. .� T -. it .- , �J.-�-" !tr _ � .. i ' ,r ., +_ ... .y 1. '.+ — �•,�,~' — rir e } -. a v', _ � • ,'_• 1 '. �, � - Iv ,'r"+' "' -•u _ - -'fit 6S .. 1 ; - v� y • . � � 3�%..:a►a i ,, �, ...• f ,.ram.}I.;.�w! � -~� {t n: . � -, -. a —,. Ar•+. '- `. .i• _ w5`aa• �..a ,� _ - -s-�' ,�. + .. _, ti �•2t ' .. .'• .• ` tr '_ i ri_ I ';. may'•''. - — + ar` � � • e � _ L '. - ,-•. L � r •��� �. — y I" 'k ',3{ap M1r,�'rp,-.: rw r � •s -'L r' - P. } - .f: � •' P' _.� _ .fie }atr � � $ ! 09 .e � ^ 1 r e•�e. — aJ 1 I - _ +" • g .. _ el 14 . .. prat "• , . �Y� .. �J .. � J<. _ � �•r.. eI ID Vr 5weloped land S - Freshwater Wetland ELC New Issues tideveloped Land 9 - Salt Marsh I pe r i ous 5 u rface 1 D- Buttonwood Competing F2QG0 )Fnmoek 11 -Mangrove Staff Added nel'and 12 - Beach Berm Exhibit C Staff Added - Co mpeting RQGO totle 13 - Water ......... _ � ., ... Nta n Cpr ioe • R N ELC New Issues ® Tier I - Netive Area A I . _ _ Competing ROGO Tier II-Transt on and Spmwf Area TDRC, Staff & Planning Commission Recommendation Staff Added -Tier III - InfillArea ter.orb,�....b�,.�.�......p..�..w..�.� � Exhibit [ nrrunw.wrirrwr*Avau..s�y r+ee�r aKa.ahrrra ' BStaffAdded •Competing ROGO Tier III -A- Specie Protection Area """�" wdQ3.F` k TE]RC Meetings: September 30, 2010 and August 25, 2011 � Mitary o..sa..aa Wo.o.cLuer a..ww�....ey,eus.rrsawrre. Man Coriae- R Q) •� c 0 cu c ao .N a� 0 Zoning i Current Conditions Future Land Use Growth Management Division We ctrive i o 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: Boca Chica Key Subdivision Development: MIA Wastewater Treatment Area: Coldspot N A Th4 n+w 4 for ree eythe moor" '..mitt" &V*0 MeMuneK OMHon ORIV. The "Me"almed hrdn la mat a of touedertee. urcef . rcede rl Mi of w my7 or otter V1hF4k1a1 data ELC Recommendation Tier Overlay District Tier Tier I - Native Area [� Tier II - Transition and Sprawl Area Tier III - Infill Area Tier II I -A -Special Protection Area Military ELC New Issues Competing ROGQ Staff Added ® Staff Added - Competing ROGQ Exhibit C N ELC New Issues Tier Hammock - 2009 Lend Cover Land Cover - Hammock CompetirgROGO �'nor Ill - ION Area U.S Fish & Wildlife 2009 (Draft) nwAwis For L%"Q*COW47GN.thmm.p.�..O"imPw"Mwft Staff Added ® Tier Ill -A - Spedel IRmtection Arse � E_ re.w..Pw h..rrerwau.w...aw.ynee+re�ne.4rn+.e ewwhSteffAdded- CompetingROCAD l.gr. wroe►..wM. �lKra�r IMMea9M• 4i0rnylip� DN fwrcn A�w��Oerry •Hee.w Mrrpw�rnl rW Y.i. ►ih i 1Yerf� Listed Species Indigo Snake Tree Cactus Key Deer Stock Island Tree Snail Key Largo Wood Rat Schaus Swallowtail Rutterlfy Key Largo Cottonmouse S 'ver R ce Rat Exhi bit C Lower Keys Marsh Rabbit Map Series: X E E N 1 - Developed Land 8 - Freshwater Wetland ELC New Issues A — ._ ._. 2 - Undeveloped Land 9 - Salt Marsh Competing RQGO 3 - Impervious Surface 10 - Buttonwood [2009 Land Cover - Habitat ¢ -Hammock 11 - Mangrove Staff Added Exhibit C 7hb ON h 4r u.Fw. CAW" Or.rnh■I.eftM V"dw PW" M@OF n,�..�,..�.. �k�..a.. a+..�.h.�.....�~� 5 - Plneland 12 -Beach Berm hpiWry., f.r.r k, r..4, A{hW+re r 1/.nlHoKkn We+.yAdr o.rs..rm: wn..a.r.r-lrarrlhl.rypr.y e B - Exotic 13 . Water 03 Staff Added -Competing ROGp Map 5erlt'S: ][ 7 - Scrub Mancrove 2009 Lend Cover - Habitat P a E 0 U E-14 N ELC Now Issues ® Tier I - Nalve Area ACompeting ROGO Tsar II - Transition and Sprawl Area TDRC, staff & Planning Commission Recommendation I Staff Added -Tor ID - InfllArea Exhibit C '�'y'"""'"'°"'°'c~" 6""" U" fflw,..�ft "k�°"""°"""�` -' '-' Staff Added -Competing ROGO Tier III -A - Special ProtsicUonArea ..e nww�a�r bw `°'"""'''""�'`"+'�•�`"""�"""'�''"`�"'"°" TQRC Meetings: September 30, 2010 and August 25 2011 Mlftary ows..e�.�.e.cs...•e...r.w�«..�ewus.n�swrer. Min Spriac• ][ U Zoning Current Conditions FFuture Land Us- AAMMIOL Growth Management Division We strive to be caring, professional, and fairy. 49V The Monroe County Tier overlay District Map is considered to be amended as indicated above and briefly described as: w Key: ocean Reef Subdivision Development: NIA Wastewater Treatment Area: NIA N A This map Is Iw use by the Mearoe County GMFM MeolgmnY 06Ai n only, the data Costa lned harem is at tk6al n atritatlon o} _ houeda del, F"c ,midt 00I of wma er Other mraysy-hkal datL ELC Recommendation Tier Overlay District Tier Tier I - Native Area [] Tier II - Transition and Sprawl Area Tier III - Infill Area Tier II I -A - Special Protection Area Military ELC New Issues Competing RGGQ 0 Staff Added ® Staff Added - Competing ROGO Exhibit C IJ N 1 - Developed Land 8 - Freshwater Wetland ELC New Issues A►1 Z - Undeveloped Land 9 - Salt Marsh Competing ROGO 3 - impervious Surface 10 - Buttonwood TW sy nbr mmR *0"y clkk. Pw"M afft �009 Land Cover - Habitat Staff Added T. 4 -Hammack 11 - Mangra�e Exhibit C M� k � ��� 5 - Pineiand 12 - Beach Berm ...Mrt.., wst....6,..�.w.a. r w��wrawn+�� fts $*.. w ,..,,,4 �„ .,,,.,,,�..,�,.. fi - Exotic 13 -Water Staff Added - Competing ROGO 7 - Scrub Mangrove C 2009 Land Cover - Habitat Map Series: Y a v E 0 U nN f� TDRC, Staff & Planning Commission Recommendation TW nuP ii�r MauO! GY YM} OrwitM WPy�111M[ blrilui P WpPMs oN/. _ 7Mii� mw�yd h�N� k MnW vM aM w+r ro� �cn�nrh s1yFC TDRC Meetings: September 30, 2010 and August 25, 2011 PIS SW+m ::MeFaa 6wiM �anw/� MnyrMrN rd -S. FIB � 1Nlifa ELG New Issues Tier I - Native Area Competlng ROGO liar II - TransMon and Sprew Aran Staff Added Tier U Info Area Staff Added - Compatne ROGO Tier III -A - S pecial Protect on Area - �;Crary Exhibit C Map Series: Y EXHIBIT D Tier Overlay District Nfi-i,r) Rev isiolls SHANNAHAN kD ov,eRseA5 Exhibit D Ordinance -2013 - 62 Tierless Parcels Amendments to Tier OverlayDistrict MaPS®der # IveArB to Tier°��r�ayDistri�t Amendment Date: ® Tier III - infillArea Print Date- Fphriiary S 701 :% AAnn 4Z roc• Lt +-K�ewrrr rr•rr W��.�.wwarsr....whr..rwwr. Exhibit D Ordinance -2013 - 62 Tierless Parcels Amendments to Tier OverlayDistrict Maps A®Tierel�titts aegeeD�erlayDistriCt v.w.ww�arwwr r,r.ww.r..w_w rr.-. Amendment Date: ®Tterfll- lnfillArea wYM..MM �/W..HA��.M.[i1�MFM..4.iYYY4l�M.�I%. Y� �° ��� -� •�-�--�- Print Date: Februar►► 5 ?01 :t Annn carrot- V Exhibit D Amendment Date: Print Date: February 5. 2013 111111111 � � III 111 11 1 op. IV 'O'S Amendments to Tier Overlay District Maps_ Ordinance -2013 - 62 Tieriess Parcels Amendments to Tier Overlay District 01 Tier I -Native Area EMTier III - Infil I Area A Mao Series- Y