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Item P8BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 20, 2013 Division: Growth Management Bulk Item: Yes No X Department: Planning & Environmental Resources Contact Person/Phone #: Christine Hurley - 289-25 1-; Mike Roberts - 289-2502 AGENDA ITEM WORDING: First of two required public hearings to consider an Ordinance by the Monroe County Board of Count rc 71 Commissioners amending the Tier Overlay District Designations of approximately twenty-eight (28) parce which currently have a Tier designation recommended for change. ITEM BACKGROUND: Staff and the Tier Designation Review Committee (TDRQ reviewed the Tier designations for these parcels at the direction of the Board of County Commissioners in response to a request by Richard Grosso on behalf of Last Stand (BOCC, May 19, 2010). Staff and the TDRC reviewed the Tier designations of approximately 393 parcels and made recommendations for amending the Tier designation of approximately twenty-eight (28) parcels to the Planning Commission on November 14, 2012. Property Owners of the affected properties have been notified through direct mail of both the Planning Commission hearings and the BOCC hearings. The proposed designations are based on the Tier Overlay District (Chapter 130-130 of the Monroe County Land Development Code) of the Monroe County Comprehensive Plan, PREVIOUS RELEVANT BOCC ACTION: At the May 19, 2010 BOCC meeting, Richard Grosso, on beha of Last Stand, requested that the TDRC and staff review approximately 171 to 249 parcels that were depicted o maps submitted by Last Stand to the TDRC. The BOCC directed staff to process the parcels through t TDRC,Planning Commission and Board of County Commission public hearings. Of the parce reviewed, only the 28 parcels referenced in the proposed Ordinance are recommended for change. BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Any x OMB/Purchasing _ Risk Management ® Included X DISPOSITION:— To: Through: From: Date: Re: MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be caring, professional andfair Michael Roberts, CEP, PWS; Sr. Administrator/Environmental Resources February 4, 2013 Tier Designation Review Committee (TDRC) Recommendations Staff Report Hearing Date: February 20, 2013 March 20,2013 (5:01 pm) I LBACKGROUND 2 3 The Amended Final Order in DOAH Case # 06-2449GM required Monroe 4 County to revise Chapter 130-130 of the Land Development Code to reflect the 5 findings of the Amended Final Order, specifically deleting the acreage criteria 6 that was found to be arbitrary, and to re-evaluate the Tier Designations of certain 7 specific parcels within the County. 8 9 The 2008 "30 day report" submitted to and accepted by the Governor and Cabinet 10 regarding progress under the 10 year work program required Monroe County to 11 establish a Tier Designation Review Committee (TDRC) with members selected 12 by the DCA The TDRC was established to make recommendations to the 13 Monroe County Board of County Commissioners on proposed adjustments to the 14 Tier boundaries. The TDRC met for the first time on February 23, 20 10 to begin 15 the review of the challenged parcels. 16 17 On May 19, 2010 the BOCC, at the request of Last Stand, directed staff to 18 evaluate the Tier designation of approximately 171- 249 parcels that were not 19 included in the DOAH Final Order for Case #Of- 2449GM. After additional 20 review of the maps submitted by Last Stand, the actual number of parcels 21 determined to be included in the request was 393 parcels. During the course of 22 review of the above parcels, Growth Management staff included for review an 23 additional forty five (45) parcels that had a Tier. W:'GROWTH MANAGEMENINTier ConnnitteeMeeting and info nnabon Nolunre A\8OCC Hearings Tier Change Ordinance Staff reporrsocc to Report Volume A Tier Change Parcelsdoex Page I of 10 The TDRC reviewed the maps and associated data at the TDRC meetings held on F September 30, 2010 and finalized their recommendations on August 25, 201 r 3 The TDRC and Staff recommendations were presente to the Planning 4 Commission at a Public Hearing on November 14, 2012, and following public 5 input the Planning Commission made recommendations on the twenty eight 6 parcels recommended for a Tier change. MU, pal"Y.5 j J (28) are recommended to have the previously assigned Tier changed. The TDRC recommendations result in 10 of the reviewed parcels that have a current Tier designation changing to a more restrictive Tier, The TDRC recommendations are summarized in the tables below. Staff concurred with the TDRC recommendations for all but two (2) parcels. On these parcels, the TDRC recommended changing from Tier III to Tier III -A, however upon finther investigation Staff determined that the adjacent parcels were developed and constituted a break in the hammock. Therefore we are not recommending a Tier change for these parcels. WET MIMS I Table 2. Summary of Monroe County Planning & Environmental Resources 2 Staff and Planning Commission Recommendations 3 11 I the ordinances, they are sent to DCA for consideration 2 order, published in the Florida Administrative Weekly. 3 period before the ordinances are considered final. 4 5 111. ISSUES Ems and approval by a final There is a 21 day appeal As shown in the summary tables, only 28 parcels are recommended to have their Tier designation changed. Planning and Environmental Resources staff recommendations differ from that of the TDRC for two (2) parcels. For Parcels 00517180-000000 and 00517440- 000000 located between Central Avenue and Gumbo Limbo Avenue in the Bay Haven subdivision in Key Largo, the TDRC recommended a Tier designation of Tier 111-A (SPA) based on the habitat connectivity. However, staff believes these parcels should maintain their Tier Ill designation based on the criteria contained in §130 zo, zuUj, lucoutVITF; rvl lot; M.- As seen in Figure I above, the property lines of the developed parcels 1 11 Oil, III[ I 1 1,11 61I it M.-MOM I For the purposes of reviewing consistency of the Land Development Code or any 2 amendments to the Code with the principles for guiding development and any 3 amendments to the principles, the principles shall be construed as a whole and no 4 specific provision shall be construed or applied in isolation from the other 5 provisions. 6 7 (a) To strengthen local government capabilities for managing land use 8 and development so that local government is able to achieve these 9 objectives without the continuation of the area of critical state concern 10 designation. I I (b) To protect shoreline and marine resources, including mangroves, 12 coral reef formations, sea ass beds, wetlands, fish and wildlife, and 13 their habitat. 14 (c) To protect -upland resources, tropical biological communities, 15 freshwater wetlands, native tropical vegetation (for example, 16 hardwood hammocks and pinelands), dune ridges and beaches, 17 wildlife, and their habitat. 18 (d) To ensure the maximum well-being of the Florida Keys and its 19 citizens through sound economic development. 20 (e) To limit the adverse impacts of development on the quality of 21 water throughout the Florida Keys. 22 (f) To enhance natural scenic resources, promote the aesthetic benefits 23 of the natural environment, and ensure that development is compatible 24 with the unique historic character of the Florida Keys. 25 (g) To protect the historical heritage of the Florida Keys. 26 (h) To protect the value, efficiency, cost-effectiveness, and amortized 27 life of existing and proposed major public investments, including: 28 1. The Florida Keys Aqueduct and water supply facilities; 29 2. Sewage collection and disposal facilities-, 30 3. Solid waste collection and disposal facilities; 31 4. Key West Naval Air Station and other military facilities; 32 5. Transportation facilities; 33 6. Federal parks, wildlife refuges, and marine sanctuaries-, 34 7. State parks, recreation facilities, aquatic preserves, and other 35 publicly owned properties; 36 8. City electric service and the Florida Keys Electric Co-op; and 37 9. Other utilities, as appropriate. 38 (i) To limit the adverse impacts of public investments on the 39 environmental resources of the Florida Keys. 40 0) To make available adequate affordable housing for all sectors of the 41 population of the Florida Keys, Page 5 of 10 I (k) To provide adequate alternatives fart protection of public safety 2 and welfare in the event of a natural or mamnade disaster and for a 3 post disaster reconstruction plan, 4 (1) To protect the public health, safety, and welfare of the citizens of 5 the Florida Keys and maintain the Florida Keys as a unique Florida 6 resource. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 W. 1 It 171 Staff recommends approval of the recommended Tier designations for the 28 parcels depicted on Map series (A, BB, 1, J, K, M, N, & P) with Staff revisions for Map M and TDRC recommended changes for Maps A, 1313, 1, J, K, N & P). VI. Exhibits • Ordinance xxx-2013 Amending the Tier Overlay District designations for approximately 28 parcels • List of Parcels with a previous Tier designation recommended for Change (Exhibit A to the Ordinance) • Section 130-130 of the Monroe County Code (Code), formerly Sec. 9.5-256 as amended by the Final Order concerning Ordinance 10-2006 and in the Monroe County Year 2010 Comprehensive Plan (Plan) Policies 102.7.3, 103.11, 105.2.1 and 205. 1.11 (Exhibit B to the Ordinance) • Volume A Map Series Maps A, BE, 1, L K, M, N, & P. (Exhibit C tot Ordinance) Tier Overlay District Map Revisions (Exhibit D tote Ordinance) ORDINANCE AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE TIER OVERLAY DISTRICT DESIGNATIONS FOR APPROXIMATELY TWENTY EIGHT (28) PARCELS WHICH CURRENTLY HAVE A TIER DESIGNATION RECOMMENDED FOR CHANGE; 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 =2rv� 111 7TAEREAS, the Monroe County Board of County Commissioners hereby makes th-e- following Findings of Fact: 1 . The Monroe County Board of County Commissioners (BOCC) adopted Ordinances Nos. 008-2006, 009-2006, 010-2006, 011-2006, and 013-2006 (Tier Ordinances) which set forth criteria in the Land Development Regulations implementing a "Tier System" and adopting Tier Overlay District Maps in order to protect the natural habitat and guide development toward less environmentally sensitive areas; 2. The Tier Ordinances implemented the categorization of properties by habitat as provided in the Monroe County 2010 Comprehensive Plan into three categories of properties as follows: a. Tier I — Conservation and Natural Area b. Tier III —A Special Protection Area (SPA) c. Tier III Infill Area 3. The Tier Ordinances were challenged by the Florida Keys Citizens Coalition, Inc. and Protect Key West and the Florida Keys, Inc. d/b/a Last Stand in DOAH Case No. 06-2449GM as being inconsistent with Section 380.0552(7) Florida Statutes; 4. The Administrative Law Judge issued his Recommended Order (ALJ Order) on June 26, 2007 and Florida Department of Community Affairs Secretary Thomas G. Pelham signed a Final Order (Order) on September 26, 2007, incorporating the findings of fact and conclusions of law from the ALJ Order and accepting the recommendations in the ALJ Order', 5. The Order determined that the four (4) acre minimum threshold for Tier 1 designation and the one (1) acre minimum threshold for Tier III -A as criteria in Ordinance 10-2006 were arbitrary in the land development regulations and those — — — - ----- - --- — — - -- - - --- - - - - - ----------------------------------------------------- Volume A Tier Designations February 20, 2012 Page 1 parcels. 11. During the course f review the aboverc l a Growth Management staff included for review iti l forty fiveparcels t had a Tier t staff determined needed verification. 12.Amendments to the Tier Overlay District Maps shall be made pursuant to the procedures r land use district map amendments according Code Section 1 -1 { i criteria r the tier overlay district map designationsi 1, Tier 111-A and Tier 111 are in Section130-130 of the Monroe, formerly - s amended by the Final Orderconcerning _in nc 10-2006 andin the Monroe County Year 2010 ComprehensivePlanPolicies .7. 1 • .1, 1 _ ; .1 and 205.1.1 all attached as Exhibit 1. The Comprehensivel li . 1.1 still includes s one of the Tier 1 criteria tacre threshold; however, there aret relevant rit listed to describe and classify i_r 1 properties; Comprehensive tic .1.1 states that lands located t i f Big Pine ith tropical hardwood hammocknacre r greater in areashall be designateds Special Protection Areas; the one acre criteria i s in the ComprehensivePlan. 16.The ComprehensivePlan Policy 102.7.3 states Monroe Countyshall discourage developmentsr on re islands by methodsincluding, but not limited designated offshore islands i -1 c1)e Monroe County Code) .......... ...................... ............. . VolumeA Tier Designations February 20,2012 Page 2 17.The TDRO was convened t on March 25, 2010,March 26, 2010, April , 1 , nl , l , t r , 2010, n t , 2011, to review the tier overlay d i t 'ct desig nationsr the parcels ribed above using criteria in the Code and the Plan, took andconsidered is input for specific parcels at its meeting September 30, 1 7 19.The TDRC considered a three- _ri color aerial maps numbered A through , with reference data whis Previous Conditions (areaf parcels, previous tier status as undesignated r with designations, and surroundingparcels area) b. Land Use District Map Designationi c. Future Land Use Map Designation d. Land Cover Hammock Fish and WildlifeiSpecies (2009) f. Land Cover Habitat 2009 (different vegetative communities) Challenged Areaboundaries (areas needing tiers as a result the DOAN Case No. 06-2449GM) h. Environmental Law Center( ) recommendations; t on September 30,2010, considered input, the criteria r each tier designation as it related to the particular parcels on the maps, and approved recommended_ amendments numbered A through , to moveforward _ _the BOCC; 1, Monroe Countyt v t recommendations fr , , and recommended changes to twoparcel designations outlined in the Staffted September 21, 20121 Monroe County Development Review Committeet September 25, 2012, to considerthe TDRO recommendations f September 30, , and staff recommendations in the Staffa f September 21, 2012,n is took comment fra _lic; Planning i ion held a public hearing at Its regular meeting November 14, 2012, to consider the amendmentsto the Tier Overlay District Planning c i _ i_considered_ three -page s_ ` color i l maps Numbered r BB with reference _ic : a. Previous n iti (areaof parcels, previous tier to u i to r idesignations,_ surrounding _ parcelsr ) Is. Land Use District _i_ ti _ _(_ _ i c. Future Designation d. Land Cover Hammock . U.S. Fish and WildlifeListed ci () f. Land Cover Habitat 2009 (different vegetative communities) _---------- vvv vvvv ....... Vole A Tier Designations February, 1 e 3 gELC Challenged Area boundaries (areas needing tiers as a result of the DOAH Case No. 06-2449GM h. Environmental Law Center (ELC) recommendations; i. TDRC and Sta recommendations from September 30, 2010, except for Map M for which separate recommendations were provided by TDRC and Staff, 25. The Planning Commission considered the criteria in Code Section 130-130 and in Plan Policies 102.7.3, 103.2.1,105.2.1 and 205. 1. 1, public comment, staff recommendations and the Staff Report dated October 30, 2012; 26.The Planning Commission recommended adoption of this ordinance affecting the Maps A, 1, J, K, M, N, P and BB and found this ordinance consistent with the Monroe County Year 2010 Comprehensive Plan; 27. The BOCC, held public hearings on February 20, 2013 and March 20, 2013; 28. The BOCC considered a three -page series of color aerial maps Numbered A, 1, and BB with reference data (Exhibit C) which showed: a. Previous Conditions (area of parcels, previous tier status as undesignated or with designations, and surrounding parcels and area) b. Land Use District Map Designation (Zoning) c. Future Land Use Map Designation d. Land Cover Hammock Fish and Wildlife Listed Species (2009) f. Land Cover Habitat 2009 (different vegetative communities) g. ELC Challenged Area boundaries (areas needing tiers as a result of the DOAN Case No. 06-2449GM h. Kreuer 2006 recommendations (Plaintiffs expert's recommendations for the challenged areas resulting from the DOAN Case No. 06-2449GM). i. TDRC recommendations from September 30, 2010 and August 25, 2011, Staff recommendations from February 4, 2013, and Planning Commission recommendations from November 14, 2012. 29. The BOCC considered the criteria in Code Section 130-130 and in Plan Policies 102.7-3, 103.2.1,105.2.1 and 205.1.1, public comment, Planning Commission recommendations and comments, staff recommendations and the Staff Reports dated October 30, 2012, and February 4, 2013; 30. Exhibit D to this Ordinance is a black and white rendition of the amendments to the Tier Overlay District Maps which reflects the changes to each real estate parcel listed on Exhibit A which states the designation and amended designation of the parcels which are the subject of this ordinance, and WHEREAS, the BOCC specifically finds that this ordinance is consistent with the Monroe County Year 2010 Comprehensive Plan, - ------- - . .. . .... ............................................................ . . . Volume A Tier Designations February 20, 2012 Page 4 THEREFORE,HE BOARD OF COUNTY BE IT_ORDAINED BY FLORIDA: T COUNTY,COMMISSIONERS OF MONROE Section e foregoing recitals r incorporated as though ulI et forth rein. Sectioni Tier i . e parcels previously designated Tier I which are now designatedTier III - are shownn Exhibit A. SectionR Previous Tieri to Tier1. The parcel previously designatedTier Ill which i now designatedTier I is shown on _Exhibit A. Section. The parcels previously designated Tier Ill which arenow designatedTier II -A (SPA) are shownn Exhibit A. Section. Previous Tier S liti . The parcel previously having Tier designations of i t 111-A (SPA) and Tier Ill which is now designatedTier Ill is shown on Exhibit A. Section 6. ier 111-A to Tier 1. The parcels previously designated Tier III -which are now designatedTier 1 are shown on Exhibit A. Sectionr i Tier Ill. The parcelsr vice ly designated Tier Ill which aredesignated irI are showno iit A. SectionRMag _ i® The changes listed above are shown on Exhibit D attached; those changes re to be reflected in the County'sI y t amendments the Tier Overlay District Maps adoptedy Ordinance 013-2006n March 21, Ordinances 005-2011, -2 11, 11 and 008-2011adopted on May 4, 2011 supersedeany other maps including the color aerial maps usedin Exhibit C. Section 9.Ugdated,, Maps. Staff is directedto updatethe Tier Overlay District Maps with the amendmentsown n Exhibit D. SectionR "ii It is the intent of the BOCC that as many parcels as possible shall be designatedit tier designation. In the eventof a challenge to this ordinance, it is the expressintent of the BOCC that any parcelsthat may be excludede tier i netic _ i, be allowedto remain valid, and that any challenge confined to those parcels enumerated in any such challenge. If any section, paragraph, subdivision, clause, sentence or provision of i ordinance shall be adjudged by any court of competent juri ictio to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainderof this ordinance, but the effect thereof shall be confined to the section, paragraph,subdivision, clause, sentence, or provision Volume A'Tier Designations February 20, 2012 Page 5 immediately involved in the controversy in which such judgment or decree shall be tendered. Section II.ReBeal of Conflictinq, Provisions. The provisions of the Monroe County Code and all Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 12.Tr ansmittal. This ordinance shall be transmitted by the Planning and Environmental Resources Department to the Florida Department of Economic Opportunity as required by F.S. 380.05 (11) and F.S. 380.0552(9)a Section 111FIlIBIL. This ordinance shall be it in the Office of the Secretary of the State of Florida but shall not become effective until a notice is issued by the to Land Planning Agency or Administration Commission approving the ordinance and after any appeal period. Mayor George Neu ant Mayor pro Ron Heather Carruthers Commissioner Sylvia Murphy Commissioner David Rice Commissioner Danny L. Kolhage l�,i�����!,��ilill r ��111111pl��Jpl���1111 0 51 ... . ... . .... By: Mayor George Neugent TTORW- jouNT', A (SEAL) r-":RI0',JED AS TO FORM ATTEST, Amy Heavilln, CLERK 1��SLE By: ;ttdF .--0UNTYATTORMF-Y Deputy Clerk Volume A Tier Designations February 20, 2012 Page 6 I EXHIBIT A 2 List of Parcels with a previous Tier designation 3 recommended for Change ORDINANCE BYTHE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE TIER. OVERLAY DISTRICT DESIGNATIONS FOR ROXIMATELY TWENTY EIGHT (29) PARCELS, WHICH PARCELS CURRENTLY HAVE TIER DESIGNATIONS; 00121980-000000 00114020-000000 00122080-000000 00224020-000100 00114020 200 0009,110-000000 W 00207510-000000 0 00207520-000000 00064260-000000 00088170-000000 00084260-000200 00087860 00 64260 0100 00 6050-0000 00090230-000000 0050632 000 000542 3 71 000000 00090230-000100 0050633 000 00445850 00 7170-000000 00090270 000 00446 0 00090220-000000 00506210 0 I EXHIBIT B 2 Section 130-130 of tile Monroe County Code (Code), 3 formerly Sec. 9.5-256 as amended by the Final Order 4 concerning Ordinance 10-2006 and in the Monroe County 5 Year 20 10 Comprehensive Plan (Plan) Policies 102.7.3, 6 103 .2.1,105.2.1 and 205. 1.11 N EXHIBIT B MCC Section 130-130 Tier Overlay District Ordinance 10-2006 Monroe County Comprehensive Plan Policies W 1 WERN W. Mil 14 (a) Purpose. The purpose of the tier overlay district is to designate geographical areas outside of the mainland of the county, excluding the Ocean Reef planned development, into tiers to assign ROGO and NROGO points, determine the amount of clearing of upland native vegetation that may be permitted, and prioritize lands for public acquisition. The tier boundaries are to be depicted on the tier overlay district map. Lands on Big Pine Key and No Name Key shall be delineated as tier 1, 11, or 111. 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). (b) Tier boundaries. Tier boundaries shall follow property lines wherever possible, except where a parcel li or distinct geographical feature, such as a canal or roadway, may be more ar i (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 oft e following criteria and shall be designated tier 1: a. Vacant lands which can be restored to connect upland native habitat patches and reduce further fragmentation of upland native habitat. b. Lands required to provide an undeveloped buffer, up to 500 feet in depth, if indicated as appropriate by special species studies, between natural areas and development to reduce secondary impacts. Canals or roadways, depending on width, may for a boundary that removes the need for the buffer or reduces its depth. I I I SUMMIT= 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 •'_ 1 (2) Lands located outside of Big Pine Key and No Name Key that are not designated tier I shall be designated tier Ill. a. The following conditions shall constitute a break in pinelan ds or tropical hardwood hammock for calculating the one -acre minimum patch size for designation of tier III- A boundaries: 1. U.S. Highway 1, canals and open water; 2. Any disturbed pinelands or tropical hardwood hammock with 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 MOMM 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 unit per parcel/lot or non-residential development. I b. Lots designated tier 111-A (Special Protection Areas) on the November 29, 2005 maps may petition the county for a rezoning to tier Ill if the lot meets one of the following criteria® 1. The lot will be served by a central sewer and the wastewater collection system has an approved permit that was effective March 21, 2006 to construct the system on file from the Department of Environmental Protection*; or c. Any hammock identified in the county's data base and aerial surveys as 1.00 to 1.09 acres in area shall be verified by survey prior to its designation as tier III - A. A hammock that is deemed bv suwev a-*d a field revie N. to fail the minimum size criteria shall have the Special Protection Arez designation removed from the subject parcel. (d) Big Pine Key and No Name Key tier boundary criteria. The tier boundaries shall be designated using the Big Pine Key and No Name Key Habitat Conservation Plan (2005) and the adopted community master plan for Big Pine Key and No Name Key. Exhibit B Page 2 warranted because of drafting or data errors or regrowth of hammock. However, the area of an upland native habitat patch to less than the one -acre minimum shall not co"ime w-ifficient groxinig.-Cor wi.ending-ta 4*,3itnutioK-Gf P O�er 111­0v-� tiz��I. 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. Request for tier I designation. Notwithstanding the provisions of section 102-158(d)(2), any individual may submit an application to the planning department containing substantial and competent documentation that an area meets the tier I criteria. Applications must be receiY_ejJ:,,y !Wy I of each year on a form approved by the director of planning for consideration by the Vociel magistme-at a ppi-blic hcariw"dveitti3ed at least 15 4ays Yrior N-dic hearing tate. 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 OWw"14?�,iQn *AJte- 1FIwtni,,i�.nmi'Wi*n a24 Snrd gf county commissioners either that the application meets the criteria for designating the lan(,Is as tier l*r that *to .1ocTitymentat4ri I-s7ins*ffk-,Iei-A t* warrant a nia?� ame tre-Tim posting, advertising and review will follow the procedures in section 102-158(d)(3), (d)(4) and Exhibit B Page 3 Monroe Counts Comurehensive Plan 2010 Poligy 102.7.3 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] Policl 103.2.1 Monroe County shall implement methods including, but not limited to, designating known habitat oft e Schaus swallowtail butterfly as Tier I. [W-5.012(3)(c)l; 9J-5.013(2)(c)5 and 6] Monroe County shall designate all lands outside of mainland Monroe County, except for the Ocean Reef planned development, into three general categories for purposes of its Land Acquisition Program and smart growth initiatives in -accordance with the criteria in Policy 205.1.1. These three categories are: Natural Area (Tier 1); Transition and Sprawl Reduction Area (Tier 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: 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 bi-05-are-ti, 4�e_wf'ulrei 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 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 Policy 205.1.1 The County shall establish the following criteria at a minimum to use when designating Tiers: [9J- 5.013(2)(c)9] 1. Land located outside of Big Pine Key and No Name Key shall be designated as Tier I based on following criteria: • Natural areas including old and new growth upland native vegetated areas, above 4 acres in area. • Vacant land which can be restored to connect upland native habitat patches and reduce further fragmentation • upland native habitat. • Lands required to provide an undeveloped buffer, up to 500 feet in depth, if indicated by appropriate special species studies, between natural areas and development to reduce secondary impacts; canals or roadways, depending on size may form a boundary that removes the need for the buffer or reduces its depth. • Lands designated for acquisition by public agencies for conservation and natural resource protection. • • locations of threatened and endangered species. • Lands designated as Conservation and Residential Conservation on the Future Land Use Map or within a buffer/restoration area as appropriate. • Areas with minimal existing development and infrastructure. 2. Lands on Big Pine Key and No Name Key designated as Tier 1, 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. 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. 0111WO-1 Exhibit B Page 5 IMAEREAS, the Monroe County Board of County Commissioners, during public hearings held in December 2004, January, February, March, April, May and June, 2005, and March 2006, reviewed mi.4wamwiciti pr*�I*ssf Rnuawn&n t* 2zd, Xmis-eivwn for enacting a Tier Overlay District Map designation on the Monroe County Land Use District Map to implement Goal 105 of the 2010 Comprehensive Plan, Rule 28-20.100 F.A.C. and the Tier Overlay system; and WHEREAS, the Monroe County Board of County Commissioners makes the following Findings of Fact: I. Goal 105 provides a framework for future development and land acquisition for the next 20 years that considers the carrying capacity of the Florida Keys, reduces sprawl and promotes sustainability. N Ing- I Tier - C mi -It OMAN P:\Ticr\Tier Overlay Criteria-031506.doc Page 1 of 7 # # Ek and by changing all Tier 11 designations outside of Big pine Key and No Name Key to a Tier III designation. 5. The Board of County Commissioners approved in concept revisions to the habitat protection elements of the proposed amendments to the Comprehensive Plan on 2005, in response # concerns # # Governor and # #, ■ # # August DCA staff regarding the need for further habitat protection in formerly Tier 11 designated areas. 6. The Board of County Commissioners adopted amendments to the Comprehensive Plan on September 22, 2005, that made flirther revisions to the Tier system by instituting a Tier 111-A (Special Protection Area) for improved habitat protection in Tier 111. 7. The Growth Management Division staff prepared specific criteria for the delineation ,#(Special Protection # includes# g#us hammock areas above, four acres and restoration between fragmented smaller hammock patches to increase the hammock size and buffers where (r ,ossible. 9. Hammock size is a major determinate of habitat quality according to FKCCS, which is why size and comectivity were # to identifybest and most importanthabitat creas, for preservation. 10. Tier M is appropriate for additional infill development because of the location and amount of existing development in the areas designated and the absence of significant upland native habitat 11. Tier III -A, referred to as "Special Protection Area�' in the Comprehensive Plan, protection from development. # establishes12. The Tier Overlay District regulations, established for Big Pine Key and No Name Key by Ordinance 29-2005, created a new Section 9.5-256, Monroe County Code that . , overlaying*, Use District Map and amending the boundaries W Tier System. 13. The Board of County Commissioners has reviewed the proposed amendments to Section 9.5-256 to incorporate specific criteria for designation of Tier 1, 111, and IH-A (Special Protection Areas) boundaries. ■,, + i i, A ■* i P:\Tier\Tier OverlayCriteria-031506,doc Page 2 of 7 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1: The boundary criteria for Tier 1. 11, 111, and 111-A (Special Protection Area) are consistent with and further the goals, objectives and policies of the Year 2010 Comprehensive Plan, particularly Goal 105 and its associated objectives and policies; Section 2: Section 9.5-256, Monroe County Code, is hereby amended that reads as follows: "Sec. 9.5-256. Tier overlay district. (a) Purpose: The purpose of this Tier Overlay District is to designate geographical areas outside of mainland Monroe County, excluding the Ocean Reef planned development, into tiers to assign ROGO, and NROGO points, determine the amount of clearimuQLwrland native I 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 111. Lands in the remainder of unincorporated Monroe County, excluding the Ocean Reef planned development, shall be delineated as Tier and III -A (Special Protection Area). (b) Tier boundaries: Tier boundaries shall follow property lines wherever 1�ossible, except where a parcel line or distinct geographical feature, such as a canal 671 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 I: a. Natural areas including old growth as depicted on the 1985 Existing Condition Map and new growth of upland native vegetated eerie by up-to-date aerials and site surveys, above four (4) acres in area. b. Vacant lands, which can be restored to connect upland native habitat patches and reduce further fragmentation of upland native habitat. C. Lands required to provide an undeveloped buffer, up to five - hundred (500) feet in depth, if indicated as appropriate by special species studies, between natural areas and development to reduce secondary impacts. Canals or roadways, depending on width may P:\Tier\Tier Overlay Criteria-031506.doc Page 3 of 7 form a boundary that removes the need for the buffer or reduces its depth. d. Lands designated for acquisition by public agencies for conservation and natural resource protection. e. Known locations of threatened and endangered species as defin in section 9.5-4, identified on the Threatened i and Endanger Plant anAnimal or the Florida Keys Carrying Capaci Study maps, or identified in on -site surveys. � d Maps Conservation, Native Area, Sparsely Settled, and Off -Shore Island Land Use districts. (2) Lands located outside of Big Pine Key and No Name Key that are not designated Tier I shall be designated Tier Ill. (3) Designated Tier III lands located outside of Big Pine Key and No Name Key with tropical hardwood hammock or pinelands of greater than one acre in area shall be designated as Special Protection Areas. a. The following conditions shall constitute a break in pinelands or tropical hardwood hammock for calculating the one -acre minimum patch size for designation of Tier III -A boundaries: Highway 1, canals and open water 2. Any disturbed pinelands or tropical hardwood hammock with m'vasive coverage of forty (40) percent or more; 3. Property lines of developed lots or vacant lots with a ROGO allocation award or an issued building permit, as of September 28, 2005, located within a Land Use District that allows only one unit per lot; or 4. Property lines of developed parcels of less than 10,000 square feet in area with a ROGO/NROGO allocation award or issued building permit ' as of September 28, 2005, located within a Land Use District that allows residential development of more than one dwelling unit per parcel/lot or non-res dent al 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- L The lot will be served by a central sewer and the wastewater collection system has an approved permit kat was effective '1/2 1 /06 to cg-gt__t tk- ^-F-- P:\Tier\Tier Overlay Criteria-031506.doc Page 4 of 7 file from the Department of Environmental Protection; or 2. The lot is located within a one acre patch of hammock that is divided from the other lots that make up the one acre or more patch by a paved road that is at least 16 feet wide. Such lots may be granted a score of 30 points through an administrative determination made by the County Biologist, the Director of Growth Management and rendered to the Department of Community Affairs until such time as the County sponsors a zoning map change to update the Tier Three Overlay Zoning Map and it is approved by the Department of Community Affairs. C. Any hammock identified in the County's data base aand aeri surveys as 1.00 to 1.09 acres in area shall be verified by sury prior to its designation as Tier III -A A hammock that is deem by survey and a field review by County Biologists to fail minimum size criteria shall have the Special Protection Ar designation removed from the subject parcel. I (c) Big Pine Key and No Name Key Tier Boundary Criteria: The Tier boundaries shall be designated using the Big Pine Key and No Name Key Habitat Conservation Plan (2005) and adopted Community Master Plan for Big Pi -re Yev a7td V* lm� (d) Tier overlay district map amendments: The Tier Overlay District Map may be amended to reflect existing conditions in an area if warr-3 ii I kiU9e_0fThRe._" Mill WOO I - - I" patch to less than the one -acre minimum shall not constitute sufficient grounds for amending the designation of a Tier IR-A area to Tier III. The Tier Overlay District Map amendments shall be made pursuant to the procedures for map amendments to this chapter. Unlawful conditions shall not be recogmzed when determining existing conditions and regulatory requirements. (e) Request for Tier I designation: Notwithstanding the provisions of Section-9.5-511(d)2, any individual may submit an application to the 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 master at a public hearing advertised at least fifteen (15) days prior to the hearing date. Said hearing by the special master shall be held prior to November 1 of each year. The director of planning will review the documentation and any other appropriate scientific information and prepare an analysis report for the special master. The special master will render a written opinion to the planning commission and board of county commissioners either that the application meets the criteria for designating the lands as Tier I or that the documentation is P:\Tier\Tier Overlay Criteria-031506.doc Page 5 of 7 insufficient to wan -ant a map amendment. The posting, advertising and review will follow procedures # # ; and invalid,Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held the remainderofthisordinance be iw #',, Esuch invalidity. SectionSection 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. ordinance does ! prosecutions for ordinance committed * • to the effective date of this ordinance; does not waive any fee or penalty due or unpaid on the effective date ofthisordinance; and does #validityofanybond or 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 * # become effective until July 14, 2006, but notprioror notice ordinance with the Florida Statutes. P-\Tier\Tier Overlay Criteria-031506.doc Page 6 of 7 PASSED AND ADOPTED y the Board of County Commissioners of Monroe County,Florida, at a regular eetin of s i oard held o -15th dayofc ., 2006. Mayorles "Sonny" coy Mayor Pro Tern Murray Nelsons Commissioner George Neugent Commissioner Commissioner i 'e Spehar kIu 0 • I,,...ffi WE F Mayor IIIII Pro IIII IIIIIII taea il III�NIIII�I Murray I I Nelson ATTEST: : A O AGE, CLERK B son Clerk x: x,xx y::......:..........:....... ..:... ...................................... . PATier\Tier Overlay C ° °a-03l Q .doe Page 7 of 7 2 3 M Maps EXHIBIT C Volume A Map Series _, � L� � 0 0 C 0 CL < < F- F- F- :2 ul Q (h V) 041AIN of i . .......................................................................... . .......... . ... . 2 t 10 BID .. ....... ... . . . . ... . . ... ....... ... . . . . ........................... m I 0 0 0 0) (D 0 a. (D Q. 0 '70 o(D 0 o E 0 (D < > '0 '0 F- LU IN 0'.. ---------------------- --- cn ..... P.. ..... at -6]5 I a v I 0 < Q 0 S) 2 0 E 0 CU M 4-? FO! p =2 A A .. ..... . . . . . ... . ....... ... . ... ... . . . . . . ... ... ... ... ... . ... . .......... ..................... 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