Item B1 Chapter 106Monroe County Comprehensive Plan Update
Chapter 106 AREAS OF CRITICAL COUNTY CONCERN
Sec. 106 -1. Purpose.
It is the purpose of this chapter to provide procedures and standards for designation of areas of
critical county concern within the county that have special planning and regulatory needs.
Sec. 106 -2. Standards for dDesignation of *Areas of c-Critical c-County eConcern.
Areas within the county may be designated areas of critical county concern if the BOCC
determines that the proposed area is one of special environmental
sensitivity, contains important historical or archaeological resources, is characterized by
substantial capital improvement deficiencies, or provides significant redevelopment
opportunities.
Sec. 106 -3. Procedures for dDesignation.
Areas of critical county concern may be designated by the BOCCb0at: of
in accordance with the following procedures:
(-�) A proposed designation may be initiated by the BOCC beafd of ee isietiefs, the
depat4mwA+* �E lanning Department or any citizen. All proposed designations shall be
accompanied by a boundary description and a narrative of the basis for such designation.
(b -2) All proposed designations shall be reviewed by the depa *m°fl* of PP lanning Department
and the development review committee and a recommendation shall be submitted to the
pPlanning eCommission. The Planning C Commission shall conduct a public hearing on the
proposed designation upon receipt of the recommendation of the Planning
Department in accordance with the provisions of c-Chapter 110. Upon conclusion of the
public hearing, the Planning C sommission shall submit its recommendation for the proposed
designation to the BOCC .
(c -3) The BQCCbeat:d of eettaty eemm shall consider the recommendation of the
pPlanning eCommission and such additional testimony and evidence which may be presented
to it, and adopt or reject the designation with or without modifications. Such designation
shall include specific findings regarding the purpose of the designation, the time schedule for
the planning effort to be implemented, identification of the sources of funding for the
planning and potential implementing mechanisms, delineation of a work program, a schedule
for the work program and the appointment of an advisory committee, if appropriate.
Sec. 106 -4. Threshold dDesignations.
(a) When the pPlanning dDepartment's biennial report, prepared pursuant to -sSection
114 -2(b), identifies areas with specific service deficiencies, these areas may be designated as
areas of critical county concern (ACCC) in accordance with -sSection 106 -3. As part of this
106 -1 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
designation, the pPlanning dDepartment shall formulate a work program and management
policies for each designation. Threshold designation areas must meet all requirements of this
chapter. While the designation of an area of critical county concern as a result of a threshold
designation does not prohibit development permitting, such designation is intended to focus
planning efforts on areas with marginally adequate public facilities and to ensure that
development approvals are conditioned so as to minimize the potential of reaching
inadequate facilities levels of service which would preclude further development. Areas of
the county that meet the following criteria in the annual report may be designated ACCC:
(1) Areas within three miles of any section of U.S. 1, State Road 905 or any secondary road
that is operating at level of service D on a peak -hour basis; and
(2) Areas within 25 miles of a solid waste site with a minimum expected life capacity of less
than five years.
(b) Additional thresholds for designations may be proposed by the pPlanning dDirector. A
threshold ACCC may be repealed only after the deficiencies that caused the designation no
longer exist.
Sec. 106 -5. Effect of dDesignation of -aArea of eCritical c-County eConcern.
Upon designation of an area of the county under the provisions of this chapter, except for
threshold designations, no person shall carry out any development other than development which
is specifically authorized in an interim regulation which is included in the designation of the area
of critical county concern unless a development impact report demonstrating that the proposed
development will have no adverse impact on the values identified as the basis for designation of
the area of critical county concern is approved by the beafd of ee isietiefsBOCC as
part of a major conditional use.
Sec. 106 -6. Development Reeview in an -aArea of c-Critical Ceounty Ceoncern.
All development in a designated area of critical county concern shall be considered as a
conditional use.
Sec. 106 -7. Development Hmpact eReport.
A development impact report shall contain a detailed assessment of a proposed development,
including the following:
( -�) A traffic impact statement delineating the trips generated by the proposed development, the
distribution and lengths of generated trips and the level of service that will result on all affected
roadways;
(b -2) An environmental impact statement delineating the effect of the proposed development on
the number and distribution of plants and animals on the parcel proposed for development;
106 -2 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
(c -3) A fiscal impact statement describing the costs and benefits from the construction and
operation of the proposed development; and
(44) An economic impact statement describing the economic hardship that would result from
requiring the applicant to await the completion of the work program for the area of critical
county concern.
Sec. 106 -8. North Key Largo &Area of eCritical eCounty eConcern.
(a) Established.
The North Key Largo area of critical county concern is hereby established for that portion of Key
Largo located between the junction of State Road 905 and U.S. Route 1 and the Dade County
boundary at Angel Fish Creek.
(b) Purpose.
The North Key Largo area of critical county concern is established for the purpose of reconciling
the reasonable investment - backed development expectations of North Key Largo landowners
with the need to preserve the habitat of four species of animals that are listed as endangered
under the Endangered Species Act, 16 USC 1531 -1543; the American Crocodile (Crododylus
acutus), the Key Largo Woodrat (Neotoma floridana smalli), the Key Largo Cotton Mouse
(Peromyscus gossypinus allapaticola), and the Schaus Swallowtail Butterfly (Heraclides
aristidemus ponceanus).
(c) Habitat conservation plan for North Key Largo.
A gubernatorial study committee established by Executive Order Number 84 -157 is preparing a
habitat conservation plan for North Key Largo that will be consistent with the principles
established in subsection (d) of this section and is to be submitted to the county for consideration
and adoption as a part of the Monroe County Comprehensive Plan.
(d) Principles for guiding the preparation of the habitat conservation plan.
The habitat conservation plan ( "HCP ") for North Key Largo shall be prepared in accordance with
the following principles:
(1) At a minimum, the lands that are designated as conserved habitat within the North Key
Largo area of critical county concern shall be preserved by the fee acquisition, use of
transferable development rights or any other means that provides for the preservation of
the lands in perpetuity.
(2) The lands designated for possible future development within the North Key Largo area of
critical county concern may be suitable for on -site development.
106 -3 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
(3) An intensive land acquisition effort, including at a minimum all conserved habitat within
the North Key Largo area of critical county concern should be undertaken by the state. It
may also be desirable for the state to acquire all or a part of the areas designated for
possible future development within the North Key Largo area of critical county concern.
(4) No development shall be carried out within the areas designated for possible future
development within the North Key Largo area of critical county concern prior to August
1, 1988, in order to provide a reasonable period of time for a major land acquisition effort
to be undertaken, except for possible minor exceptions for single - family dwellings units
in existing improved subdivisions.
(5) Residential dwelling units shall be allocated on an equitable basis to all lands, including
lands owned by the state in the North Key Largo area of critical county concern which lie
outside of the Crocodile Lakes National Wildlife Refuse, between the Ocean Reef Club
and the Port Bougainville Development of Regional Impact (DRI) on the basis of 3,500
residential units. The allocation shall first provide for existing legally vested rights,
including improved subdivisions, and then allocate the remainder of the 3,500 units to
undeveloped lands. It shall be assumed that the dwelling units allocated to lands currently
in state ownership, or lands acquired in the future by the state, will not be developed and
that therefore the number of dwelling units actually developed will be substantially less
than the allocated number of dwelling units.
(6) No development within the areas designated for possible development shall be carried out
unless and until a -iSection 10(a) incidental taking permit authorizing such development
has been issued by the United States Secretary of the Interior and a comparable
authorization has been granted by the state.
(e) Table of contents.
The habitat conservation plan shall contain the general topic areas and considerations set forth in
the interim drafts of the table of contents and sChapters 4 and 5 of the interim drafts submitted
by the study committee, hereby incorporated by reference, subject to further modifications and
refinements.
(f) Applicability.
(1) All development within the North Key Largo area of critical county concern shall comply
with each and every provision of this chapter and the HCP when adopted. In the event
there is any conflict between the provisions of the HCP and the more general provisions
of this chapter, the HCP shall control.
(2) On or before October 1, 1987, the BOCC shall consider
and initiate adoption procedures for a Habitat Conservation Plan for the North Key Largo
area of critical county concern; and no development shall be carried on any lands within
the area of critical county concern prior to October 1, 1987, or the effective date of the
106 -4 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
HCP except for lands located within the Ocean Reef Club, the Angler's Club and the Port
Bougainville and Garden Cove DRI's and subdivisions designated by the BOCC
as Improved Subdivision (IS).
(3) The time period specified in sSection 1014(b)(4) shall not commence until August 1,
1988, for approved major development which would otherwise be entitled to proceed
under the provisions of Section 1014(b)(4) but which are prohibited from doing so
under the terms of this subsection.
(4) No development permit shall be effective until the issuance of all required permits
pertaining to endangered species, as required by the U.S. Fish and Wildlife Service and
the state.
Sec. 106 -9. Ohio Key *Area of eCritical c-County eConcern.
(a) Established.
The Ohio Key area of critical county concern is hereby established for that portion of Ohio
(Sunshine) Key that lies south of U.S. 1 described on Land Use District Map Number 10 of 21.
(b) Purpose.
The Ohio Key area of critical county concern is established for the purpose of reconciling the
reasonable investment - backed expectations of the owners of Ohio Key with the habitat value and
environmental sensitivity of the wetlands system on the Key that serves as a habitat for a variety
of wading birds, including the Piping Plover, a species listed as threatened under the Federal
Endangered Species Act.
(c) Regulations.
(1) Notwithstanding any other provision of this chapter, the Ohio Key area of critical concern
may be developed with 20 recreational vehicle parking spaecies or campsites and a
bathhouse designed to serve the 20 spaces, provided that:
a. All development other than picnic tables, boardwalks and bird - watching blinds is
restricted to the lands identified on the existing conditions map as 740.3;
b. The recreational vehicle parking spaces or campsites are set back at least 100 feet from
the dwarf mangrove area shown on the existing conditions map;
c. The area that is developed for recreational vehicle parking spaces or campsites and a
bathhouse is fenced so as to control access to the dwarf mangrove, disturbed beach
and berm water areas within the Ohio Key area of critical county concern;
106 -5 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
d. No motorized vehicles of any kind or any bicycle, except for maintenance vehicles,
shall have access to or shall be used in the Ohio Key area of critical county concern
except for that portion of the area designated as 740.3 on the existing conditions map;
e. Picnic tables are restricted to the areas designated as 740.3 or 740.4 on the existing
conditions map;
f. No pets shall be allowed in the Ohio Key area of critical county concern;
g. The concrete refuse previously dumped on the land designated as 740.3 on the existing
conditions map shall be removed or buried;
h. No dumping or filling shall be allowed in the Ohio Key area of critical county concern
except for filling necessary to carry out the development of the campsites and
bathhouse permitted by this subsection and to bury the concrete refuse previously
dumped on the land designated as 740.3 on the existing conditions map;
i. All exotic invasive species of plant are removed from the land designated as 740.3 on
the existing conditions map in the Ohio Key area of critical county concern;
j. No insecticide is sprayed or fogged in the Ohio Key area of critical county concern; and
k. All boardwalks or bird - watching blinds to be constructed in the land area designated as
620, 500 or 740.4 on the existing conditions map shall be reviewed and approved as a
minor conditional use subject to the following standards:
The boardwalk or bird - watching blind shall be located so that the flow of water
within the Ohio Key area of critical county concern is not altered; and
2. The boardwalk or bird- watching blind shall be located so as to not interrupt wading
bird use of the lands designated as 612 and 500 on the existing conditions map.
(2) Except as expressly provided for and modified by the Ohio Key area of critical county
concern, all development in the area shall be subject to each and every provision of this
chapter.
Sec. 106 -10. Big Pine Key oArea of eCritical eCounty eConcern.
(a) Established.
The Big Pine Key area of critical county concern is hereby established for the area described on
Land Use District Map Numbers 8 and 9 of 21.
(b) Purpose.
106 -6 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
The purpose of the Big Pine Key area of critical county concern is to establish a focal point
planning effort directed at reconciling the conflict between reasonable investment backed
expectations and the habitat needs of the Florida Key Deer that is listed as endangered under the
Federal Endangered Species Act.
(c) Focal point planning program.
(1) The county shall initiate a focal point planning program for the Big Pine Key area of
critical county concern that considers the following:
a. The reasonable investment backed expectations of the owners of land within the Big
Pine Key area of critical concern;
b. The habitat needs of the Florida Key Deer;
c. The conflicts between human habitation and the survival of the Florida Key Deer;
d. The role and importance of freshwater wetlands in the survival of the Florida Key
Deer;
e. Management approaches to reconciling the conflict between development and the
survival of the Florida Key Deer; and
f. Specific implementation programs for the Big Pine Key area of critical county concern.
(2) The focal point planning program shall be carried out by the difeetef of pElanning
Director in cooperation with the officer in charge of the National Key Deer Refuge. The
planning program shall include a public participation element, and shall provide for
notice by publication of all public workshops or hearings to the owners of land within the
Big Pine Key area of critical county concern.
(3) The focal point planning program for the Big Pine Key area of critical county concern
shall be completed within 12 months of the adoption of this chapter, and the dneetel: 0
pPlanning Director shall submit a report together with recommended amendments to the
Monroe County Comprehensive Plan and this chapter within 30 days after the completion
of the focal point planning program for the Big Pine Key area of critical county concern.
(d) Interim regulations.
Notwithstanding any other provisions of this chapter, no development shall be carried out on the
Big Pine Key area of critical county concern prior to the completion of the focal point planning
program required by subsection (c) of this section and the adoption of amendments to the
Monroe County Comprehensive Plan and this chapter except in accordance with the following:
106 -7 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
(1) No development shall be carried out in the Big Pine Key area of critical county concern
except for single - family detached dwellings on lots in the improved subdivision district
or on lots having an area of one acre or more.
(2) No development shall be carried out in the Big Pine Key area of critical county concern
on any land designated as freshwater wetland on the existing conditions map. Nothing in
this designation shall prohibit the development of a single - family detached dwelling on a
lot that includes land that is designated as freshwater wetlands or transitional habitat on
the existing conditions map, provided that:
a. There is sufficient land area for the development of a single - family detached dwelling
and required accessways that are not designated as freshwater wetlands or transitional
habitat; and
b. Adequate provision is made to prevent surface water runoff from a portion of the lot to
be developed with a single - family detached dwelling from flowing into the freshwater
wetland or transitional habitat.
(3) All development otherwise conforms with each and every provision of this chapter.
106 -8 Keith and Schnars, P.A.
Land Development Code: Sept 2015