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Item P7Meeting Date: February 20, 2013 Division: Growth Mannement Bulk Item: Yes No X Department: Planning-& Environmental Resources Staff Contact Person/Phone #: Christine Hurley— 289-2517 Mike Roberts - 289-2502 AGENDA ITEM WORDING: First of two required public hearings to consider Ordinance by the Monroe County Board of Count Commissioners assigning Tier Overlay District Designations to approximately sixty two (62) parcels whi currently have no previous Tier designation. I ITEM BACKGROUND: During review of Tier maps Staff identified fifty eight (58) parcels located on privately owned off -shore islands and four (4) parcels located within unincorporated Monroe County that did not have an official Tier designation. The proposed designations are based on criteria provided in the Tier �r Overlay District (Chapter 130-130 of the Monroe County Land Development Code) and Policies 102.7.3 and 105.2.1 of the Monroe County Comprehensive Plan. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: n/a .......... J 1 111 11n, all 7.1, COST TO COUNTY: ISUDGETED: Yes —No SOIRCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing _ Risk Management ® Included X Not Required DISPOSITION: AGENDA ITEM # To: Through: From: Date: Re: MEMORANDUM j1.11 IJIIT" Michael Roberts, CEP, PWS; Sr. Administrator/Environmental [�-Cesources 192�� Tier Designation Review Committee (TDRC) Recommendations Staff Report Hearing Date- February 20, 2013 March 20, 2013 (5:01 pm) I LBACKGROUND 2 3 The 2008 30 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 6 establish a Tier Designation Review Committee (TDRC) with members selected 7 by the DCA. The TDRC was established to make recommendations to the 8 Monroe County Board of County Commissioners on proposed adjustments to the 9 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 unincorporated Monroe County that did not have an official Tier designation. 15 16 The TDRC reviewed the maps and associated data at the TDRC meetings held on 17 September 30, 2010 and finalized their recommendations on August 25, 2011. 18 The Planning Commission reviewed the recommendations of the TDRC and Staff 19 and took public testimony, and made recommendations on November 14, 2012. 20 21 W:' GROWTH MANAGEMENTNTier Committee Meeting and information -Volume AXBOCC Hearings-Tiefless Pamels Otdmancemff Report\BOCC Staff Report Volume A Tierless Parcels,doex Page I of 9 I Parcel Information Sixty-two (62) parcell are being recommended for a Tier designation by Star the TDRC and the Planning Commission. 5 Three of the parcels reviewed are privately owned previously developed parcels 7 located on Boca ChicChica Ivey (Map Series e being eco e e 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 fora Tier I 11 designation in accordance with Cat 130.130 of the Monroe County Land 12 Development Coe and Policy 102.7.3 of the Monroe County Comprehensive 13 Plan 1 15 Table 1. Staff, TDRC and Planning Commission Recommendations 16 Parcels With Staff recommended Tier Change No Previous Tier offshore islands Tier 1 59 IVICLA parcel Tier III - Tier 111 Total 62 17 18 19 11. PROCESS 2 21 Tier overlay amendments are processed as changes to the land use district map 22 (130-130(e)). The Director of Planning shall_ vie.w and process Tier Overlay 23 map revisions and pass thern on to the Development Review Committee e 24 Planning Commission for recommendation and final approval by the BOCC. 25 The Planning Cominission shall hold at leastoe public hearing on the proposed 26 map revisions. The Planning Commission shall review e revised maps, the 27 reports and recommendations of the Tier Designation ReviewCommittee 8 (T C), the Department of Planning & EnvironmentalResources and the 29 Development Review Committee, and the testimony given at the public hearing, 30 and shall submit its recommendations and fto the BOCC. 3 recommendations32 The Planning Commission reviewed the proposed tier Monroe and conducted Public County staffHearings Designations34 Tier 35 consideration of a TDRC and Staff recommendations,Planning 36 Commission made a recommendation to the Board of County Commissioners for 37 designation of each parcel reviewe . is St reportsummarizes mom I (d) To ensure the maximum well-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 water throughout the Florida Keys. 5 ( To enhance natural scenic resources, promote the aesthetic benefits 6 of the natural enviromnent, 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 lie of existing and proposed major public investments, including: 11 1. The Florida Keys Aqueduct and watersupply facilities; 12 2. Sewage collection and disposal facilities; 13 3. Solid waste collection and disposal facilities; 14 4. Key West Naval Air Station and other militaryfacilities; 15 5. Transportation facilities; 16 6. Federal parks, wildlife refuges, and marine sanctuaries; 17 7. State parks, recreation facilities, aquatic preserves, other 18 publicly owned properties; 19 8° City electric service and the Florida Keys ElectricCo-op; d 20 9. Other utilities, as appropriate. 21 (i) To limit the adverse impacts of public investments on the 22 environmental resources of the Florida Keys. 23 °) To make available adequate affordable housing for all sectors of the 24 population of the Florida Keys. 25 () To provide adequate alternatives for the protection of public safety 26 and welfare in the event of a natural or mannume disaster and for a 27 post disaster reconstruction plan. 28 (1) To protect the public health, safety, and welfare of the citizens of 29 the Florida Keys and maintainthe Florida Keys as a unique Florida 30 resource. 31 Staff finds the proposed amendment consistent with h rind es for Guiding 32 Development as a whole and is not inconsistent with one principle. 33 34 V. Staff Recommendation-. 35 36 Staff recommends approval of the Tier designations for the 62 parcels depicted 37 on Map series R, X and Y. 3 39 VI. Exhibits 40 Ordinance -2013 Assigning 'Pier Overlay District designation to approximately 1 62 parcels that have no previous Tier designation 42 List of Parcels with No Previous 'Pier designation (Exhibit A to the Ordinance) i I a Section 130-130 of the Monroe Countyo e(Code), formerly .5- 5 as amended by the Final Orderconcerning Ordi ce 10-2006 and in the 3 Monroe County Year 2010 r sv (Plan) Policies 10.., 1 3.2.1,1 5.2.1 and 2 5.1. (Exhibit B to the Ordinance Volume A MapSeries Maps (Exhibit C toteOrdinance) Tier Overlay District Map Revisions (Exhibit tote Ordinance) N AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ASSIGNING TIER OVERLAY DISTRICT DESIGNATIONS TO APPROXIMATELY SIXTY TWO (62) PARCELS WHICH CURRENTLY HAVE NO PREVIOUS TIER DESIGNATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Monroe County Board of County Commissioners hereby makes the following Findings of Fact: 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 ImFill 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 in Order (Order) on September 26, 2007, incorporating the findings of fact and conclusions of law from the AL I Order and accepting the recommendations in the ALI Order; 5. The Order determined that the our (4) acre minimum threshold for Tier I designation and the one (1) acre minimum threshold for Tier 111-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; VolurneATi rless Parcels Tier Designation Ordinance February, 2013 Page I 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 111-A property to become Tier 111; 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- . ............................ . ............ . .... . .......................... . .... .... . ...... . .......... . .................................... . .. -- Volume A Tlerless Parcels Tier Designation Ordinance February, 2013 Page 2 15. The TDRC considered athree-page series of color aerial maps designated ou Z , (knownAA, and ED llectively as Volume A ) with reference data which showed: a. Previous Conditions (area of parcels, previous tier status as undesignated or with designations, and surrounding cell 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 2 9) f. Land Cover_ Habitat 2009 (different vegetative communities) g. Environmental Law Cent C) recommendations; 16, At the TDRC meeting on September 30, 2010, the committee considered staff input, public comment, the criteria for each tier designation as it related to the particular parcels on the maps, and recommended assi in tier esi atio s to parcels in Volume A on pages R, X, and Y. 17. The TDRC, at its meeting on August 25, 2011, made final comments recommendations about Volume A and recommendedat the changes move forward as amendments to the Tier Overlay District Maps on Maps R, X, and Y. 18. The Monroe County Development Review Committee held a public meeting on September , 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 meetingon November 14, 2012, to consider the amendments to the Tier Overlay DistrictMaps; 20. The Planning Commission considered the maps related to this Ordinance (maps R, X, and Y) based on athree-page series of color aerial maps forthose maps showing: a, Previous Conditions {area of parcels, previous tier status as undesignated or with designations, and surrounding cell and area) b. Land Use District Map Designation (Zoning) c. Future Land Use Map Designation . Land Cover Hammock e. U.S. Fish and Wildlife Listed Species 2009) f Land Cover a it t 2009 (different vegetative communities) g. TDRC and Staff recommendations from September 30, 2010, and August 25, 2011; 21. The Planning Commission considered the criteria as set forth in Exhibit C in Code Section 13 -130 and in Plan Policies 102.7.3, 103.2.1,1 5.2.1 and 205.1.1, public comment, staff recommendations and the Staff o a d November 2, 2012; 22. The Planning Commission recommended adoption of this ordinance en ing the Tier Overlay District Maps and found is ordinance consistentwi e Monroe County Year 2010 Comprehensive Plan; 2. The BOCC held public hearings on February 20, 2013 and March20, 2013; .. °n.. Volume A Tierless Parcels Tier Designation ordinance February, 2013 Page 3 24. The BOCC considered a three -page series of color aerial maps related to this Ordinance designated R, X, and Y, with reference data (Exhibit 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) c. Future Land Use Map Designation d. Land Cover Hammock e. U.S. Fish and Wildlife Listed Species (2009) f Land Cover Habitat 2009 (different vegetative communities) g. TDRC, and Staff recommendations from September 30, 2010, and August 25, 2011; 25. The BOCC reviewed the TDRC and Staff recommendations from September 30, 2010, and August 25, 2011, the Staff report dated February 4, 2013 and the Planning Commission recommendations from November 14, 2012; 26. The ROCC considered the criteria in Exhibit B, Code Section 130-130 and Plan Policies 102.7-3, 103.2.1,105.2.1 and 205.1.1, public comment, Planning Commission recommendations and comments, staff recommendations and the Staff Report at February 4, 2013; 27. Exhibit D to this Ordinance is a black and white rendition of the amendments to the Tier Overlay District Maps is 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 ROCC specifically finds that this ordinance is consistent with the Monroe County Year 2010 Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section l.Recitals.The foregoing recitals are incorporated as though fully set forth herein. Section 2.No Previous Tier to Tier 1. The previously undesignated parcels which are now designated Tier I are shown on Exhibit A. Section 3.No Previous Tier to Tier III. The previously undesignated parcels which are now designated Tier III are shown on Exhibit A. Section 4. Mag Degiction. The changes listed above are shown on Exhibit D attached; those changes are to be reflected in the County's GIS system and as amendments to the Tier Overlay District Maps adopted by Ordinance 013-2006 on March 21, 2006, Ordinances 005-2011, 006- 2011 � 007-2011 and 008 -2011 adopted on May 4, 2011 as amended, and supersede any other maps including the color aerial maps used in tc Volume A Tierless Parcels Tier Designation Ordinance February, 2013 Page it Section 5.Ugdated Mags. Staff is directed to update the Tier Overlay District Maps with amendments as shown on Exhibit D. .Seetion . evera tv. t is e intent o e B CC at as many parcoels as possible shall designated with a tier designation. In the event of a challenge to this rdinance, it is the expre intent of the BOCC that any parcels that may be excluded and whose tier designations m it h x s h a P p I m I r remain, be allowed to remain valid, and that any challenge be confined to those parce enumerated in any such challenge. If any section, paragraph, subdivision, clause, sentence provision of this ordinance shall be adjudged by any court of competent jurisdiction to or invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of tj dinance, but the effect thereof shall be confined to the section, amri� cl us Wph, subdivision, a sentence, or provision immediately involved in the controversy in which such judgment decree shall be rendered. Section 7.Roeal,of CMfh Lcting, Provisions. The provisions of the Monroe County Code and Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are he repealed. I Section &Transrnittal. This ordinance shall be transmitted by the Planning and Environmental Resources Department to the State Land Planning Agency as required by F. S. 3 8 0.05 (11) and F.S. 380-0552(9). IM tog, - rionda our snall nor necome ellective i "is Iss y e -Wepartment, or Community Affairs or Administration Commission approving the ordinance and after any appeal period. See' Von 10.EffeeVve Date. 11111 1 111 1 130374111101IN Volume A Tierless Parcels Tier Designation Ordinance February 2013 Page 5 PASSED AND ADOPTED y the Board of County Commissionersof Monroe CounrC Florida, at a regular meeting of said Board on March 20, 2013. Mayor George Flougent yorpro can Heather CommissionerNanny L. Kolhage Commissioner ; David Colonsissioner Sylvia BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA k ATTEST: AMY HEAVLIN, CLERK y: RDA UNTY NE" PRO T ¢ SUS SSE MISE O COUNTY ATTOONEY Volume A Tierless Parcels Tier Designation Ordinance February, 2013 Page 6 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ASSIGNING TIER OVERLAY DISTRICT DESIGNATIONS TO APPROXIMATELY SIXTY-TWO (62) PARCELS WHICH HAVE NO PREVIOUS TIER DESIGNATIONS; 00 00 O 000 F r O.4 ODD 00573570-ODOODD 96 000000 8 00000 0M•E.ODDD 0 00 D.D. D. . .... 00 # 0000. 0 0000 • 0F F F M F.. 520-000000 00573220-000000 580-000000 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 oft e mainland of the county, excluding the Ocean Reef planned development, into tiers to assign ROOD and NROGO points, determine the amount of clearing of upland native vegetation that may be permitted, and prioritize lands for public acquisition. The tier boundaries are to be depicted on the tier overlay district map. Lands on Big Pine Key and No Name Key shall be delineated as tier 1, 11, or Ill. Lands in the remainder of the unincorporated county, excluding the Ocean Reef planned development, shall be delineated as tier 1, 111, and 111-A (special protection area). 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 znd shall be designated tier 1: a. Vacant lands which can be restored to connect upland native habitat patches and b. Lands required to provide an undeveloped buffer, up to 500 feet in depth, if indicated as appropriate by special species studies, between natural are 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 - 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 111. 1. U.S. Highway 1, canals and open water; 2. Any disturbed pinelands or tropical hardwood hammock with 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 area with a ROGOINROGO allocation award or issued building permit, as of September 28, 2005, located within a Land Use Distri that allows residential development of more than one dwelling unitl b. Lots designated tier 111-A (Special Protection Areas) on the November 29, 211*5 atvuh,�4*.- +L* tic-r--Rl if -&.e Iii't -rrects 4ec 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 2 1, P006 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 cavaty 4,44gi3t, Ax marrvg�=ni�--mlt until such time as the county sponsors a zoning map change to update the Tier Three Overlay Zoning Map znd 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 A. A hammock to fail the minimum size criteria shall have the Special Protection Area I , I (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. I HV UI;;I WMI ect rxl ins in an area IT warranted because of drafting or data errors or regrowth of hammock. However, the clearin, . of tropical hardwood hammock d-, that area of an upland native habitat patch to less than the one -acre minimum shall not determining existing conditions and regulatory requirements. (f) Request for tier I designation. Notwithstanding the provisions of section t 02-158(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 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 102-158(d)(3), (d)(4) and (d)(5). Exhibit B Page 3 Monroe Countv CoinDrehensive Plan 2010 Policy Monroe County shall discourage developments proposed onoffshore 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 oft e Schaus swallowtail butterfly as Tier 1. [9J-5.012(3)(c) I,- 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: Natui­4Area (Tier 1); Transition and Sprawl Reduction Area (Tier 11) on Big Pine Key and No Name Key only; and Infill Area (Tier 111). The purposes, general characteristics, and growth management approaches associated with each tier are as follows: I . Natural Area (Tier 1): Any defined geographic area where all or a significant portion of the land area is characterized as environmentally sensitive by the policies of this Plan and applicable habitat conservation plan, is to be designated as a Natural Area. New development on vacant land is to be severely restricted and privately owned vacant lands are to be acquired or development rights retired for resource conservation and passive recreation purposes. However, this does not preclude provisions of infrastructure for existing development. Within the Natural Area designation are typically found lands within the acquisition boundaries of federal and state resource conservation and park areas, including isolated platted subdivisions; and privately -owned vacant lands with sensitive environmental features outside these acquisition areas. 2. Transition and Sprawl Reduction Area (Tier 11): 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 111): 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 • complete infrastructure facilities, and within close proximity to established commercial areas, or where a concentration of non-residential uses exists, is to •` 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 , 0 13 (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 furth fragmentation of upland native habitat. • Lands required to provide an undeveloped buffer, up to 500 feet in depth, if indicated appropriate special species studies, between natural areas and development to reduce seconda impacts; canals or roadways, depending on size may form a boundary that removes the need the buffer or reduces its depth. a h a f • Lands designated for acquisition by public agencies for conservation and natural resourl protection. • Known locations of threatened and endangered species. • Lands designated as Conservation and Residential Conservation on the Future Land Use Map within a buffer/restoration area as appropriate. • Areas with minimal existing development and infrastructure. 2. Lands on Big Pine Key and No Name Key designated as Tier 1, 11, or III shall be in accordance with the wildlife habitat quality criteria as defined in the Habitat Conservation Plan for those islands. 3. Lands located outside of Big Pine Key and No Name Key that are not designated Tier I shall be designated Tier 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. %M] D11201 riVrel ............................................................... .................... ......... Exhibit B Page 5 *i *i .. .... + 4 x I • a W�L 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 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 a . I 4. The Board of *,ty Commissionersduring the series of public ■ * in the first nxt * * * * * * and by designations outside of Pine Key and No Name Key to . Tier III 4esignation. 5. The Board of County Commissioners approved in concept revisions to the habital protection of proposed * * 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 ffirther habitat protection in formerly Tier 11 designated areas. 6. The Board of County Comnussioners adopted amendments to the Comprehensive Plan on September 22, 2005, that made Ruther revisions to the Tier system by instituting a Tier G i (Special Protectionfor * *: * habitat protection RIUMIMN11ri3ft includesall * *us hammock areas above fouracres and restoration between fragmented smaller hammock patches to increase the hannnock size and buffers where IrIossibll s. Hammock size is a majordeterminate to FKCCS, which is why size * * - * * *• best *** tM nt terrestrial habitat areas for preservation. 10. Tier III is appropriate for additional development because of * * and of development designated and the absence *upland i native r; patches. 11. Tier III -A, referred to as "Special Protection Area!' in the Comprehensive Plan, rprotection from development. regulations, *r* Protection Areas) bound,ries. 8 1110DURK01 PK 11"ev 01 Kea 1 9 41 Ely Section 1: The boundary criteria for Tier I, II, III, and III -A (Special Protection Area) ar4 consistent with and further the goals, objectives and policies of the Year 2010 Comprehensivs Plan, particularly Goal 105 and its associated objectives and policies; FIN"111H111 I - IF111111 "See. 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 111-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 Studythe 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 1: 'Natural areas including old growth as depicted on the 19 a. 1, Existing Condition Map and new growth of upland natil. vegetated areas identified by up-to-date aerials and site surve above four (4) acres in area. I 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, idented 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. 9. Areas with minimal existing development and infrastructure. Lands located outside of Big Pine Key and No Name Key that are not designated Tier I shall be designated Tier III. (3) Designated Tier III lands located outside of Big Pine Key and No Nam% 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 Is or tropical hardwood hammock for calculating the one -acre minimum patch size for designation of Tier HI -A boundaries: 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 I r 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 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. 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 and adopted Communiti-i Master Plan for Bi . Pine Kep anAWx- 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 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 111. 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 Section-9.5-511(d)2, any individual may submit an application to the plannilni-C department containing substantial and competent documentation that an area meets Tier I criteria. Applications must be received b��L JILL_i I of each�[ear on a fo�, p by the director of planning for consideration by the special master at a public hearin' advertised at least fifteen (15) days prior to the hearing date. Said hearing by the speci master shall be held prior to November I of each year. The director of planning wi ZRIFy tdw R7yn7-C.Ac analysis report for the special master. The special master will render a written opinion t, the planning commission and board of county commissioners either that the applicatio meets the criteria for designating the lands as Tier I or that the documentation P:\Tier\Tier Overlay Crite ria-031506.doc Page 5 of 7 insufficient to warrant a map amendment. The posting, advertising and review will follow procedures # # and ordinance.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 c ause o suc e 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 low *rdinance with the Florida Page 6 of 7 BoardPASSED AND ADOPTED by the ounty Carrunissioners of MonroeFlorida, regularat a ., 2006. Mayor "Sonny" cry NelsonMayor Pro Turn Murray _ Yes Corantissioner George Neugent Yes Commissioner David Rice Not Present Connnissioner Dixie 3 COMMISSIONERSBOARD OF COUNTY COUNTY,MONROE FLORIDA Y Mayor Pro Tem Murray Nelson :::... ... .... .. ........... '# #£ � . # ..: ......... .. .... .. #. }R�... ............. ::..::..E::::E .........MW vN u 1 E+ T-: P:\TierMer i yCriteria-031506.doc Page 7 of 7 '"111111mi ........................................................... ................. .............. . . . . . ............... . ....... a I - fijwmzmm�.., The Monroe County Tier Overlay District Map is considered to be amended as indicated above and briefly described as: Kelp R..,.d Key Subdivision DevellopmerrL ft—se­ 24% Wastewater Treatment Area Ra—d S.M. Aa. - Fos pot N Pt� ni r$il Tier Overlay District Tier Tier I - Native Area Tier It - Transition and Sprawl Area Tier III - Infill Area Tier 111-A - Special Protection Area Military ELL New Issues Competing ROGO Staff Added Staff Added - Competing ROGO ... ... ... ... ... ... ... .. X" L"- W—d W kh. N-4 O—OP, K, w CI. --si3aerExhibitC j_,eys Marsh M.hb , — — --- ---------- — - - — -- ............ ..... . ................................................................. k, 1 . Developed Land 0 • Frasttwoter Wetfand EI.0 Near Issues. dt gg_2 Undeveloped Lord s-Soft M.,.hC+amPvtlnaR4G9[:2:0:09:�jnd & $&� S-I perm... aurfacs 9U-8u4tonwooi4 - tfemtnnck t C 11 - Mangrove Blatt Roar -a 5 - pl—herd 42 - Beach Bean staf Addac - s;enpet,,,j ROGO EXlf�f B - Exotic 48 - Water 7 - Borax Mangrove 200o land C.-- H.NW Wlap Series: ft N F4O MA}. asuas. ... c—P., ROGO T.,, 0, sd�anaM bptawlAma TDRC, Staff & Planning Commission Recommendation �� Atlaa�IM TR.'til.lnve- Exhibit C E'.. rrrwrmaawwmsa4wx.a. mas.mswx�Hru :.. ......... �� Satt Atltlatt . Gsmpa(vg fiCSC.f. Fmi fk-A-$P8Ci8i erpggitirfArox ?ORC Meetings: September 30, ZWO and Angus# 25, 24it : -,.'y Map Series R . . ..................................................... .... .......... . ..... . We rt0o to be caring. professiorsal, and fair. ... ... ... ....... . .... The Ma nroe County Tier Overlay District Map is considered to be amended as indicated above and briefly described as: Key! Boca Chica Key Subdivision Development: MtA Wastewater Treatment Area: crldw.t Tier Overlay District Tier Tier I - Native Area Tier 11 - Transition and Sprawl Area Tier III - Infill Area Tier It I -A - Specie I Protection Area Military ELC New Issues Competing ROGO Staff Added Staff Added - Competing ROGO -�- C Eh G'Je Vx T3o tinmr�ca-1flt!S i a`M C©xxr dr$ �- �' F t C9 S 5 ?H�......_ IXeSbsdT wXaSeOet g'�V.��yLand Cover " Hammock ip 3 taXgo 5attaimouse 3tEvat kite [tak %1(M�� a"^ C Ewer Xeys Ma�9i kab6Et C ( Stakl Addpa-CamP.x6g k9b9 x.�uz+wea+r mBgS .Svr£e+i'+ }:. mSW Added Exhibit C hi EEC N-1¢eees EamGabne HUGU �1m[f3�nansafaneM Sp[awlAe9a [T��DRC,�&Plan�nlng�GM�rWISSII'Dn�Recomm�endatlo�ne� axaa r m ahfifa Exhibit S+,atfAMtaA-Cq�+'..aanne�:ROCi. T.'ifI-A-Saecai p�o'.t_+.anhiaa T DKC Meeting€: September 3€1, 2010 and August 25, 2011 ?a ta7 Map Styles: =Curr:e:nt =Con=ditions Growth Management Division We ctracia to to Coring, prowescosroll, and ddr, The Monroe County Tier Overlay District Map is considered to be amended as indicated above and briefly described as: Key: Ocean Reef Subdivision Developrineft NO, Wastewater Treatment Area: NA .14 Tier Overlay District Tier Tier I - Native Area Tier It - Transition and Sprawl Area Tier III - Infill Area Tier 11 I -A - Special Protection Area Military ELL New Issues Competing ROGO Staff Added Staff Added - Competing ROGO N .............................. Tl- [L:an:d :Co:ve:r-:H:a:m:moc� .1--d Co and m.T N-1 - — — ------------------------------------------------------------------- S—k d T— S-4 YsyLw .—d R. l­ C--- si�., Re —h P",i, Exhibit C Lwxkr K—M EL C New Issues CG.mp,W.q ROGO sUtrndueu Exhibit G Slab Added - C9mpe hq ROGt3 20041ar4 Cever-t.bftt Map Series: Y hi £LG Now L^^.wax xt T �.-N A ncm4�adEy RDGD Fwr.�E T t SIKawEAres TDRC, Staff & Planning Commission Recommendation MFntfii 3 SiEAm Exhibit S.frrioIXf {-ama., R.G. TnY iIE A-SpansaEPmincfiaa Ama TORC Moldings: Septezr>bar %0, 2010 and August 25, 2011 i+aston Map Seriev Y Te RD 1, OLD a DOLPHIN RD Amendment Date Print Date: February 5,2013 R�zGt~LVeR RD DVOR"I", Ryif OLO c,"ve RD TRINIDAD RD Amendments to Tier Overlay District Maps in Ordinance _-2013 - 62 Tredess Parcels Amendments to Tier Overlay District EM To, t , N.rl w Area -cm tjj- �IrjAnc, Ordinance -2013 - 62 'nedess Parcels A"d,,,,,, to Tier Overlay District Amendments to Tier Overlay District Maps Em 11.11 -Native A.. AmendMent Date: Print Date: February 5, 2013 Amendment Date: Print Date: February 5,2013 Amendments to Tier Overlay District Map Ordinance -2013 - 62 Tieriess Parcels Amendments to Tier Overlay District A' MTv,I-N,oI.Ao,. fMIe1W-fsfWA.. �� �� Series'.. D