Item R1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 15, 2004 Division: Growth Management
Bulk Item: Yes No X
Department: Planning & Environmental Res.
AGENDA ITEM WORDING:
Public hearing to consider adopting a DCA Transmittal Resolution to amend the Monroe County Year
2010 Comprehensive Plan to delete the HEI requirements in the Plan, require an existing conditions
report including a vegetation survey, require a grant of conservation easement to protect open space
vegetation and limit the clearing of native upland vegetation dependent on the tier system designation,
and provide for a Land Acquisition Master Plan.
[1" of 2 required public hearings]
ITEM BACKGROUND: On January 21, 2004 and in Ordinance # 018-2UU4 the t UUU aireciea star
to prepare draft text and map amendments and other supporting studies in order to effectuate the
provisions of Goal 105 of the 2010 Comprehensive Plan and Rule 28-20.100 F.A.C. The Planning
Commission reviewed the staff draft at four public hearings, amended the draft and recommend
approval. Several stakeholder forums and two community workshops were held to review the proposed
amendments. Staff is recommending that the initial public hearing on the transmittal resolution be
continued and held in each area, before its adoption.
PREVIOUS RELEVANT BOCC ACTION:
Ordinance No. 018-2004 adopted June 16, 2004 directed staff to prepare text and map amendments to
implement Goal 105. Goal 105 was adopted in Ordinance No. 20- 2002.
CONTRACT/AGREEMENT CHANGES: None.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A BUDGETED: Yes N/A No
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes N/A
APPROVED BY: County Atty X
SOURCE OF FUNDS: N/A
No AMOUNT PER MONTH N/A Year _
OMl
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included f To Follow Not Required
DISPOSITION: AGENDA ITEM #
COMPREHENSIVE PLAN AMENDMENTS
TO AMEND THE ENVIRONMENTAL REGULATIONS
TRANSMITTAL RESOLUTION TO
THE DEPARTMENT OF COMMUNITY AFFAIRS
BOARD OF COUNTY COMMISSIONERS
MARATHON
DECEMBER 15, 2004
RESOLUTION NO.
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS TRANSMITTING TO THE
DEPARTMENT OF COMMUNITY AFFAIRS THE REQUEST
FILED BY THE PLANNING AND ENVIRONMENTAL
RESOURCES DEPARTMENT AMENDING THE YEAR 2010
COMPREHENSIVE PLAN TO DELETE REQUIREMENTS FOR
AN HEI, REVISE THE OPEN SPACE, LAND ACQUISITION,
MANAGEMENT AND GIS MAPPING REQUIREMENT TO
IMPLEMENT GOAL 105 OF THE 2010 COMPREHENSIVE PLAN
AND THE TIER SYSTEM.
WHEREAS, the Monroe County Board of County Commissioners, during three
public hearings held in December, 2004 and January and February 2005, for the purposes
of considering the transmittal to the Florida Department of Community Affairs for review
and comment, a proposed amendment to the Monroe County Year 2010 Comprehensive
Plan, the Land Development Regulations and the Land Use District Map; and
WHEREAS, the Planning Commission and the Monroe County Board of County
Commissioners support the requested amendments to the Monroe County Year 201 C
Comprehensive Plan, the Land Development Regulations and the Land Use District Map;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Section 1. The Board of County Commissioners does hereby adopt the
recommendation of the Planning Commission pursuant to the draft ordinance for the
adoption of the proposed amendments to the Monroe County Year 2010 Comprehensive
Plan, the Land Development Regulations and the Land Use District Map; and
Section 2. The Board of County Commissioners does hereby transmit the proposed
amendments to the Florida Department of Community Affairs for review and comment in
accordance with the provisions of Sections 163.184 and 380.0522, Florida Statutes; and
Section 3. The Monroe County Staff is given the authority to prepare and submit the
required transmittal letter and supporting documents for the proposed amendment in
accordance with the requirement of 9J-11.006 of the Florida Administrative Code; and
Section 4. The Clerk of the Board is hereby directed to forward a copy of this
resolution to the Director of Planning and Environmental Resources.
l of 2 Initials
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the day of , A.D. ,
2005.
Mayor Dixie Spehar
Mayor Pro Tem Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
Commissioner Murray E. Nelson
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
(Seal)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Mayor/Chairperson
MONROE COUNTY ATTORNEY
A P OVED tS TO FORM
2 of 2 Initials
PROPOSED AMENDMENT TO THE COMPREHENSIVE
PLAN TO DELETE THE REQUIREMENTS FOR
A HABITAT EVALUATION INDEX
THE BOCC ORDINANCE
This ordinance will amend the Monroe County 2010 Comprehensive Plan to delete the HEI
requirements, add the requirement for an existing conditions report, including a vegetation
survey. This ordinance will also add the requirement of a grant of conservation easement to
protect open space vegetation and limit the clearing of native upland vegetation dependent on the
tier system designation, and provide for a Land Acquisition Master Plan.
[1st of 2 required public hearings]
BOARD OF COUNTY COMMISSIONERS
DECEMBER 15, 2004
MARATHON
ORDINANCE NO. 2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE
COUNTY 2010 COMPREHENSIVE PLAN TO DELETE
REQUIREMENTS FOR AN HEI, REVISE THE OPEN SPACE, LAND
ACQUISITION, MANAGEMENT AND GIS MAPPING REQUIREMENT
TO IMPLEMENT GOAL 105 OF THE 2010 COMPREHENSIVE PLAN
AND THE TIER SYSTEM BY DELETING POLICIES 101.4.20, 102.9.5,
102.9.6, 103.2.2, 207.1.2, 207.10.5, 207.12.6 AND OBJECTIVE 1201.13.
REVISE POLICIES 101.4.22, 101.14.1, 102.1.1, 102.4.1, 102.4.2, 102.4.3,
102.4.4, 102.4.5, 102.4.6, 102.4.7, 102.7.3, 102.8.1, 102.8.5, 102.9.1, 102.9.2,
102.9.3, 102.9.4, 103.2.1, 205.1, 205.1.1, 205.1.2, 205.1.3, 205.1.49 205.1.5,
205.1.6, 205.2.1, 205.2.2, 205.2.6, 205.2.79 205.2.14, 205.5.1, 205.5.2, 207.1.2
Revise Objective 102.4, 102.9, 201.1, 205.2 and 205.5, OF THE 2010
COMPREHENSIVE PLAN; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION IN THE MONROE COUNTY CODE OF
ORDINANCES; DIRECTING THE PLANNING AND ENVIRONMENTAL
RESOURCES DEPARTMENT TO TRANSMIT A COPY OF THIS
ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS; AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners, during three public
hearings held in December, 2004 and January and February 2005, reviewed and considered the
proposed amendments to the 2010 Comprehensive Plan to delete requirements for an Habitat
Evaluation Index (HEI) , revise the open space, land acquisition, management and GIS mapping
requirement to implement Goal 105 of the 2010 Comprehensive Plan, Rule 28-20.100 F.A.C.
and the Tier Overlay system; and
WHEREAS, the Monroe County Board of County Commissioners directed staff to
prepare text and map amendments in Ordinance No. 018-2004 adopted June 16, 2004, to include:
Tier Overlay Map designations in accordance with Goal 105; revisions to ROGO and NROGO
based on the Tier system utilizing a positive approach that predominately relies on land
dedication and aggregation; and revisions to the environmental regulations based on the Tier
system rather than the existing Habitat Evaluation Index; and
WHEREAS, 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; and
bocccp-Envir.Amend Page 1 of 20
WHEREAS, Tier Maps were developed following the criteria in Goal 105, utilizing
computer mapping (GIS), identifying areas appropriate for additional development and those
which are important environmentally and should be preserved; and
WHEREAS, The boundaries for the Tier Maps were drawn using environmental and
development information and digital data from the Florida Keys Carrying Capacity Study
(FKCCS), the Planning Department and the Property Appraisers Office and refined through site
visits by the County Biologists and Planners; and
WHEREAS, hammock size is a major determinate of habitat quality according to the
FKCCS, therefore size and connectivity are used in determining the boundary of the Tiers to
identify the best and most important terrestrial habitat areas for preservation; and
WHEREAS, Tier I includes all contiguous hammock areas above four acres and
restoration areas between fragmented smaller hammock patches to increase the hammock size
and buffers where possible. Hammock size is a major determinate of habitat quality according to
FKCCS, which is why size and connectivity were used to identify the best and most important
terrestrial habitat areas for preservation; and
WHEREAS, Tier II contains smaller hammock patches isolated by surrounding
development; the quality is reduced because of the negative secondary impacts of development.
These areas still contain a large number of undeveloped lots; and
WHEREAS, Tier III is appropriate for additional infill development because of the
location and amount of existing development in the areas designated; and
WHEREAS, the Board of County Commissioners (BOCC), at a regular meeting on
January 21, 2004, directed Growth Management staff to prepare an ordinance deferring ROGO
and NROGO allocation awards in areas containing tropical hardwood hammock or pineland of
two acres or greater within Tier I - Conservation and Conservation and Natural Areas (CNA),
while staff prepares draft text and map amendments and other supporting studies in order to
effectuate the provisions of Goal 105 of the 2010 Comprehensive Plan, and Rule 28-20.100
FAC; and
WHEREAS, the current Land Development Regulations (LDRs) require properties
designated on the 1986 Habitat Maps as hammock and pineland to perform a Habitat Evaluation
Index (HEI) to determine the amount of clearing permitted and the negative points awarded in
ROGO and NROGO. The HEI is a subject of continuous controversy, is accused of being
subjective and since based on 1986 maps, does not take into consideration re -vegetation over the
last twenty years; and
WHEREAS, The proposed ordinance removes the requirement for performing an HEI
from the 2010 Comprehensive Plan; instead habitat quality and permitted clearing is based on the
Tiers. Tier I receives "0" points for ROGO and clearing is limited to 10%. Clearing of habitat in
Tier II is limited to 40% and Tier III is limited to 60%; and
bocccp-Envir.Amend Page 2 of 20
WHEREAS, In addition to changes to implement the Tier system, the Comprehensive
Plan amendments also address the requirements for a Land Acquisition Master Plan; and
WHEREAS, the Planning Commission, after hearing comments at four public hearings,
made changes to the staff draft amendments and recommended approval of the proposed
amendments to incorporate changes to the County's environmental regulations based on the Tier
system and the elimination of the Habitat Evaluation Index requirement; and
WHEREAS, the Planning and Environmental Resources Department has made minor
changes to the proposed draft based on direction of the Planning Commission, including minor
text revisions to ensure readability and correct typographical errors or omissions in the text and
recommends approval of the proposed amendment to the 2010 Comprehensive Plan; and
WHEREAS, the Board of County Commissioners has reviewed the proposed
amendments to the 2010 Comprehensive Plan which delete the HEI requirements in the Plan,
require an existing conditions report including a vegetation survey, require a grant of
conservation easement to protect open space vegetation and limit the clearing of native upland
vegetation dependent on the tier system designation, and provide for a Land Acquisition Master
Plan; said amendments are consistent with and further goals, objectives and policies of the Year
2010 Comprehensive Plan, particularly Goal 105 and recently adopted set of comprehensive plan
amendments to effectuate the Tier system;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Delete Policy 101.4.20.
Section 2. Amend Policy 101.4.22 as follows:
Policy 101.4.22
All densities and intensities development shall be subject to clearing limits
defined by habitat and the location of the property in the Land Use District
(zoning) Overlay Tier Maps and the wetland requirements in 102 1 1 hake
eufFent Land Development Regulations, Division 8, hereby ineer-per-ated by
of r
detennined by the results ef the habitat analysis (see GenseFv-afi-en. A-:R.J- 6eastal
Management, Objeeliye 205.2 and related peheiFes). Except as defined in Policy
101.12.4, clearing of upland native vegetation areas in the Tiers I II and III shall
be limited for the portion of the property containing upland native vegetation in
the following percentages:
TIER Permitted Clearing
Tier I 10%
Tier II 40%
Tier III 60%
bocccp-Envir.Amend Page 3 of 20
Section 3.- Amend Policy 101.14.1 as follows:
Policy 101.14.1
Monroe County shall discourage developments proposed within the Coastal High
Hazard Area (CHHA). by methods ineluding, bu4 net limited to nega4ive points
in the Pefmit n lleeatien and Point System (see Peh 101.5.4). [9J-5.006(3)(c)l]
Section 4. Amend Policy 102.1.1 as follows:
Policy 102.1.1
Plan, The County shall utilise
. .aaras V1u11 V11LKl VLLL114LL14U, 13Llllll 111 VVVLl Vli • .
Develepment—Pegulatiens--(hereby ineerperated--by r-eiefenee) to protect
submerged lands and wetlands. AeeeFdinglyi The open space requirement shall
be one hundred (100) percent of the following types of wetlands:
1. Submerged lands 2. mangroves 3. salt ponds 4. fresh water wetlands
5. fresh water ponds 6. undisturbed salt marsh and buttonwood wetlands
Allocated density (dwelling units per acre) shall be assigned to freshwater
wetlands and undisturbed salt marsh and buttonwood wetlands only for use as
transferable development rights away from these habitats. Submerged lands, salt
ponds, freshwater ponds, and mangroves shall not be assigned any density or
intensity. [9J-5.006(3) (c) 1 and 6]
Section 5. Amend Objective 102.4 as follows:
Obiective 102.4
Monroe Country shall prepare a Land Acquisition Master Plan by July 1. 2005
containing a strategy for securing_ funding and non -funding sources for acquisition
and management of conservation lands, retirement of development rights and
identification and purchase of sites for affordable and emplovee housing and
recreational purposes. By januar-y-4, 1998;
[9J-5.006(3)(b)4, 10 and9J-5.010(2)(c)3]
Policy 102.4.1
The Monroe County Land Acquisition Master Plan ,.T.,+,fal ue,. tage ,,n
Pr-egfam be developed and implemented by the Growth Management
Division, in cooperation with the Monroe County Land Authority FDEP FDCA
bocccp-Envir.Amend Page 4 of 20
FWC, and USFWS.with the Parks and Beer-eatien Board and other
knowledgeable county and state agencies. [9J-5.006(3)(c)4 and 6]
Policy 102.4.2
The Land Authority and the Growth Management Division shall identify and
prioritize the types of lands which shall be considered for acquisition. These shall
include, at a minimum:
1. lands eent.i Aa1b natural!,
A,, rall'Wtnd native habitats;
,
Speeies designated tas—tlfe*atened er- endanger-ed by t U.S. Fish a
Wildlife Ser- ;e an&er- State fR a
1. designated Tier I (Conservation and Natural Areas) lands as defined in
Policy 105.2.1,1, which shall include all contiguous hammock areas above
four acres,
2. restoration areas between fragmented hammocks to increase the
contiguous hammock size and buffers where appropriate• lands containing
naturally occurring and native habitats;
3. fresh water wetlands, and undisturbed salt marsh and buttonwood
wetlands that are required under Policy 102.1.1;
4. designated Tier II lands as defined in Policy 204.2.1 2 that provide habitat
for small birds and animals and contribute to the quality of the
neighborhoods;
-3-.5. lands containing unique geologic features,
4.6. lands whose conservation would enhance or protect water quality or would
protect fish or wildlife habitat, which cannot be adequately protected
through local, state and federal regulatory programs;
7. lands in Tier II and Tier III for employee and affordable housing_•
-58. lands which can be used, without adverse impacts on natural resources, for
community and neighborhood parks and/or public beaches water access;
and
69. lands, which offer the opportunity for preservation of significant
archaeological or historical sites. [9J-5.006(3)(c)4 and 6]
bocccp-Envir.Amend Page 5 of 20
Policy 102.4.3
The Land Authority and Growth Management Division shall develop a priority
list of Nawr-al Teenage and Park acquisition sites. This list shall be updated
annually. In formulating this list the County will prioritize Tier I lands over Tier
II and Tier III lands. Tier II lands with fragmented hammocks and wetlands
identified in Policy 102.4.2 2 shall be the second highest priority for acquisition
Acquisition of land for affordable housing on vacant scarified lands in Tier II and
III shall also be a top priority. will eensider ftesroae.lenses a
eena-6�as-,
. [9J-5.006(3)(c)4 and 6]
Policy 102.4.4
The Monroe County Land Acquisition Master Plan shall contain an acquisition
financing plan shall be developed anaual4y which identifies potentialsources of
funding for acquisition of lands on the Priority List. Funding soufees �--hieh shall
car
be 0 0 fing elude the ll^w: Land acquisition will be a coordinated effort
��
between the state and federal governments and the county. The county shall
petition the state and federal government to accept primary responsibility for
acquisition of Tier I, conservation and natural lands. The county will be
responsible for purchases in Tier II and Tier III of wetlands and fragmented
hammock areas. Land acquisition for other priorities depend on funding
availability, need and future use.
IN
. _ �. . .
•
Leeal funds as may be made available thfough speeial appr-epr4atien by
the Mwee-County Bear-d of County-Cenm}issiener-s—[9J-5.006(3)(c)4
and 6]
Policy 102.4.5
An intergovernmental organization and management structure shall be developed
to implement the expanded acquisition program including representatives of
Growth Management Division, Land Authority, municipalities and state and
federal agencies.
The Gr-ewth Management Division shall, in eeeFdinafien with the Gr-
Manago,, make-apphe-atiens-fie- funding sour-Ees-,as- identified the afmttal
[9J-5.006(3)(c)4 and 6]
Section 6. Delete existing Policy 102.4.6 and create new Policy 102.4.6
bocccp-Envir.Amend Page 6 of 20
Policy 102.4.6
The Monroe County Land Acquisition Master Plan shall contain policies to direct
the overall acquisition program criteria to follow when setting priorities for
acquisition and a framework for the acquisition process and the sharing of
responsibilities. At a minimum the plan will include the following_
1. Environmental protection, density reduction and passive recreation:
a) public acquisition, ownership and maintenance will be the preferred
option for Tier I lands and for clusters of undisturbed wetland and
hammock lots in Tier II and Tier III;
b) buy/sell back to the adjacent property owners option will be followed
in Tier II, where sprawl and density reduction are the prime impetus
for land purchase. A higher priority for acquisition will be given to
those parcels in Tier II with neighboring` properties owners or
communities who want to partner with the county to purchase the lots
and take responsibility for maintenance and protection of any areas of
native vegetation;
c) purchased lands that can also provide needed recreational
opportunities will be identified in coordination with the Parks and
Recreation Board and a plan for utilization developed;
d non -purchase options will also be explored and specific
recommendations included;
e) criteria for the prioritization of land acquisitions within the different
priority areas will include 1) the size and the location of the property
and surrounding land uses including management status 2)
minimization of the edge to area ratio of parcels by combining lots for
acquisition, 3) potential for successful reclamation if within a larger,
better hammock quality area, and 4) maintenance costs for isolated
parcels.
Affordable and employee housing_
a) parcels in Tier II and Tier III that are suitable for the development or
redevelopment of six or more residential units will be identified and
prioritized for acquisition;
b) priority for acquisition will be given to projects that are ready to
proceed with ROGO allocations available;
c) public/private/non-profit partnerships and/or agreements exist to
develop the site and maintain the affordability of residential units in
perpetuity_
Section 7. Create new Policy 102.4.7
Policy 102.4.7
Lands acquired through the Monroe County Land Acquisition Program shall be
managed to restore, preserve, and protect the conservation recreation density
reduction and affordability pumoses for which the lands were acquired (See
bocccp-Envir.Amend Page 7 of 20
Recreation and Open Space Objective 1201.11 and relatedpolicies.) [9J-
5.006(3 (c)4 and
Section 8. Amend Policy 102.7.3 as follows:
Policy 102.7.3
Monroe County shall discourage developments proposed on offshore islands by
methods including, but not limited to, designating off shore islands as Tier I lands.
negative points in the Peftnit Alleeatien and Peint System [9J-5.006(3)(c)6]
Section 9. Amend Policy 102.8.1 as follows:
Policy 102.8.1
Monroe County shall discourage developments which are proposed in units of
Coastal Barrier Resources System (CBRS). by fnetheds i^'uding, but net limited
te, negative points in the Pefmit Alleeatien and Point System (see Pehey 101.5.4)-.
[9J-5.006(3)(c)6]
Section 10. Amend Policy 102.8.5 as follows:
Policy 102.8.5
, Monroe County shall initiate
continue its efforts to discourage the extension of facilities and services provided
by the Florida Keys Aqueduct Authority and private providers of electricity and
telephone service to CBRS units. These efforts shall include providing each of
the utility providers with:
1. a map of the areas of Monroe County which are included in CBRS units;
2. a copy of the Executive Summary in Report to Congress: Coastal Barrier
Resources System published by the U.S. Department of the Interior,
Coastal Barriers Study Group, which specifies restrictions to federally
subsidized development in CBRS units; and
3. Monroe County policies regarding local efforts to discourage both private
and public investment in CBRS units; —and
ineluding the Pefmit Alleeatien--System regulations, w-hieh emits
negative peints fer- development in GBRS units. (See Pehey 101.5.4.)
[9J-5.006(3)(c)6]
bocccp-Envir.Amend Page 8 of 20
Section 11. Amend Objective 102.9 as follow:
Objective 102.9
, Monroe County shall complete and implement a cooperative land
management program for pr-iv e an eeui •• publicly owned lands acquired through
implementation of the Monroe County Land Acquisition Master Plan (Objective 102 2),
Goal 105 and the FKCCS. leee4ed within and add en4 te -ks and eenser-vmien 1
whire-owned by the -she -and federal geveniments in the Flefida Keys. [9i
3-006(3)(b)41
Policy 102.9.1
Monroe County shall discourage developments which are proposed in Tier I
through the permit_ allocation system and the environmental regulations. within
and Point ystem (see Pehey 101.5.7).-(See Objeetives 10 '�3 and 101.45
and related peIi ies [9J-5.006(3)(c)6]
Policy 102.9.2
Monroe County, in cooperation with
appropriate state and/or federal agencies, shall initiate Censervatien band
Pfete do Are a planning_ process to develop policies to direct the over-all
management program for publicly owned native lands. Changes in policies and
specific management strategies may be modified as the program progresses-,
acquisitions continue and new information becomes available through biological
research or monitoring of the management units.
...t.,........ o.. .•vuv....v natural ivu. ua vo
"al-eenseEvatien lands. Land use -ae ivities of eeneem shall ' t a b-4,_
`1d pr-i :•» aetiens. Menfee-Ceuaty- shall -eemplete Consef atie rha
1999. [9J-5.006(3)(c)3]
Policy 102.9.3
Monroe County shall develop organization_ and management plans to initiate a
program for protection, restoration and management of acquired lands
Management objectives for specific management units will be developed in
concert with state, federal and municipal land management programs responsible
for adioining lands.
�. .Ye. -.,tie with appropriate state and/or- federal ageneies, shall inifia4e rr �
tR idpntify a Gensefvafien Land Pr-eteetien Area for- eaeh eensefvalien area owned
by the state and federal gyve ,
bocccp-Envir.Amend Page 9 of 20
Drill
RN 6
Policy 102.9.4
Management plans shall be reviewed every three years, in cooperation with the
appropriate state and/or federal agencies. Revisions to each management plan
shall be made as necessary to reflect recent land acquisitions and changing
management priorities. [9J-5.006(3)(c)6]]
.
-
- -
bocccp-Envir.Amend Page 10 of 20
i. land management aefrens—fer- private lands ,;a eoneounty ewned lands-,
pai4ieular-ly as they r-elate4ei-
v invasive plapA o
,
eate alien ., f dist., b
U.V1 M.1 V11 Vl ulULul Vela
d 7P`
wetland „d upland habitat;
lie 1.,,...,ing;
eV „,ie have
a 1
,t.
impaets
i1 Let1.1t
quality.
potential
adverse en near-sher-e
i
dredging
and filling and substT-ate after-a4ion;
3. aetions-fie maintain aaWef improve puone—aeeesstestate- and
lands;
ti«.1 o ,e „�
Section 12. Delete Policy 102.9.5 and 102.9.6
Y. - - -
.
.
Section 13. Amend Policyl03.2.1 and Delete Policy103.2.2:
Policy 103.2.1
Upon —adeptien—of the Comprehensive Monroe County shall implement
methods including, but not limited to, designating known habitat of the Schaus's
swallowtail butterfly as Tier I. the Pefmit 1 �ier llee ta Point System a to vvuvu
bocccp-Envir.Amend Page 11 of 20
sw-ails-Mail butter -fly and the -lands -in the No f 1. TIe., Large u 1 C A DT
Dehey 101.5.4.) [9J-5.012(3)(c)1; 9J-5.013(2)(c)5 and 6]
f
f
ahis- Gempr-ehensive
Dc Plan, shall
e-eyised-t6
give
.7
+l.
4i to
habitat of speeies-ef
spPeltal status,
ineIudffig-the
Ametiem.
-e-edile,
the Key
Large weed
the Key Large
the Sous'
l� e
r-at,
eettea
meuse,
and
s ,
butter -fly. The
HEI shall be fevised
te
f
minimum,
the fellewing-
3. evaluafieiier-iter-ia1,' L. '11 b v« t4e,- diffefe„tiate high, medium n low
quality habiW
• FTT
ORION
• •
Section 14. Amend Policy 204.2.1 as follows:
Upon-adeptie 3 of the Compy-ehensive Plan,e County- shall utilize i the
rnyi -en me„+nl Standards fund in Seetie., 9.5 336 ♦1....e,,g 9.5 342 ,. f the T
v Standards a
et
submerged ds—and wetlands. Aeeer-dingly To protect submerged lands and
wetlands the open space ratio shall be 100 percent of the following types of
wetlands:
1. submerged lands;
2. mangroves;
3. salt ponds;
4. freshwater wetlands;
5. freshwater ponds; and
6. undisturbed saltmarsh and buttonwood wetlands.
Allocated density (dwelling units per acre) shall be assigned to freshwater
wetlands and undisturbed salt marsh and buttonwood wetlands only for use as
transferable development rights away from these habitats. Submerged lands, salt
bocccp-Envir.Amend Page 12 of 20
ponds, freshwater ponds and mangroves shall not be assigned any density or
intensity. (9J-5.012(3)(c)l and 2; 9J-5.013(2)(c)6)
Section 15. Amend Objective 205.1 as follows:
Objective 205.1
By iaiivafy 4, , Monroe County shall utilize the computerized -geographical
information system (GIS) and the data, analysis and mapping_ generated in the
Florida Keys Carr nng Capacity Study (FKCCS), FMRI, habitat maps and field
evaluation to ,, hifin
Keys —identify and map areas of upland vegetation in the
Florida Keys and to prepare Tier overlay maps as required in Policy 105.2.2. [9J-
5.012(3)(b)l; 9J-5.013(2)(b)3]
Policy 205.1.1
The County shall establish the following criteria at a minimum to use when a
mod --a- eensistentMethedelegy and -er-it 9 f , r mapping and evaluating upland
habitats: [9J-5.013(2)(c)9]
1. Criteria for designating lands as Tier I:
■ Natural areas including old and new growth upland native vegetated areas,
above 4 acres and a buffer of privately owned vacant lots and parcels.
■ Vacant land to connect patches and reduce further fragmentation.
■ A buffer, up to 500 feet if indicated, between natural areas and
development to reduce secondary impacts; canals or roadways depending
on size may form a boundary_.
■ Lands designated for acquisition by public agencies.
■ Known locations of threatened and endangered species.
■ Native Area Land Use district and other districts in buffer/restoration area
as appropriate.
■ Lands with a potential for successful land management - restoration of
disturbed habitat, removal of exotics, and connection of patches.
■ Areas with minimal existing development.
2. Criteria for designating lands as Tier II:
■ Subdivisions less than 50% developed, or portions of subdivisions that are
less than 50% developed because of environmental constraints.
■ Fragmented, unconnected hammock patches of less than 4 acres which
are isolated from larger natural areas by existingdevelopment.
evelopment.
• Developed and undeveloped SR and SS lots with upland native habitat
■ Platted lots in areas where adjoining_ property owner(s) may purchase the
lots with county participation.
3. Criteria for designating lands as Tier III:
■ Isolated upland habitat fragments of less than half an acre
■ Substantially developed subdivisions near established commercial areas
bocccp-Envir.Amend Page 13 of 20
■ Primarily IS and URM lots.
■ Developed non-residential and mixed used areas.
Policy 205.1.2
The County shall eempleteground-truthi*g of the upland habitats identified in the
ADID habitat maps, aerial photography, satellite imagery and the FKCCS,
including mapping and preliminary habitat evaluations. Priority shall be given to
natural upland communities of four acres or greater identified in the nova
[9J-5.013(2)(c)9]
Policy 205.1.3
The County shall enter ground-truthed upland native vegetated area location and
evaluation data into the GIS and use the GIS to analyze the data and prepare Tier
Zoning Overlay Maps for adoption as required in Policy 105.2.2. [9J-
5.013(2)(c)9]
Policy 205.1.4
The GIS will be used to evaluate the lands designated in the different Tiers
determining vacant, platting and ownership status zoning and appraised values
for acquisition planning. Vegetation data shall be plet4ed on the GIS at a seale e
I inch equals 200 feet. (e)9}
Policy 205.1.5
Land management activities, land acquired Habitat evaluation rode • and permit
data shall be incorporated into the GIS annually. [9J-5.013(2)(c)9]
Policy 205.1.6
The County shall coordinate its upland native vegetation mapping and evaluation
efforts with those of federal and state agencies and private researchers so as to
avoid duplication of effort. These agencies shall include, at a minimum, the EPA,
ACOE, DER, D , FDEP, FDCA, SFWMD, FGFWFC, and nongovernmental
environmental groups . [9J-
5.013(2)(c)9]
Section 16. Amend Objective 205.2 as follows:
Objective 205.2
To implement Goal 105 of this Plan and the recommendations in the Florida Keys
Carriy_ng Capacity Study (FKCCS), Monroe County shall adopt revisions to the Land
Development Regulations which further protect and provide for restoration of the habitat
values of upland native vegetated communities, including hardwood hammocks and
pinelands. [9J-5.012(3)(b)l; 9J-5.013(2)(b)3]
bocccp-Envir.Amend Page 14 of 20
Policy 205.2.1
Monroe County shall designate the boundaries in the zoning overlav tier system
based on the criteria in 205.1.
Yen Y V11 Vl G11V t/ Plan,
the County shall utilize the Hab
Evalu tie Index iuEr) found- in flee; en 9-5 336 -thfough42 ef the be
Devel afiens, hereby iffeer-per-ated by r-efer-enee,te evaluate and
tJ. V.VV. JV 1J1.1�V llilef the Keys,ida
methodology or eemp� leting the HiT
J evaluation —er-ite SCi'-which ill Lotter a:ffef +e--high, meditim and le'w
qti,tit., habitat
... . .........
-ROMM ME
-i - -
WE
Policy 205.2.2
-i --------1------ -- -------
Y---------._
eifit System. Monroe County shall discourage assigx-a
negative point developments in Tier I whieh dirt to protect areas of
native upland vegetation. Sits M quality+' a + +' l
having D 1�/ F. �GL{.1VT11i.-(IliZ
el measur-es as speeified in the . (See Policy 101.5.4). [9J-5.012(3)(c)l, 2
and 3; 9J-5.014(2)(c)6]
Policy 205.2.6
The permitted clearing of native upland vegetation communities shall be defined
by habitat and the location of the property in the Land Use District (zoning)
Overlay Tier Maps. whieh exhibit fi1 t , intogrit., and viability ..hall _
exceed-th percentages as ellews;-Clearing of upland native vegetation
communities in the Tiers I II and III shall be limited for the portion of the
property containing upland native vegetation in the following percentages:
Tier Permitted Clearing
Tier I 10%
Tier II 40%
bocccp-Envir.Amend Page 15 of 20
Tier III 60%
Policy 205.2.7
Clearing of native vegetation shall be limited to the percentage allowed in Policy
205.2.6. and shall be alley the invnediate develepment area. For applications that
receive points for lot aggregation under the Permit Allocation System for
residential development clearing of upland native vetetation shall be limited to
the clearing permitted in 205.2.6 or 5,000 square feet whichever is less The
immediate development area shall include the area of approved clearing shown on
the approved site plan. The immediate development area shall be fenced
throughout the duration of construction. During construction, there shall be no
disturbances of the ground surface and vegetation within areas of native upland
vegetation not approved for clearing. required open space ems. [9J-5.013(2)(c)3]
Policy 205.2.12
Monroe County shall apply all � er-------}al e lla*'- elud �
V„ YV11111V
baseline to detefmine the > b g 4 may b pefm'tt d en a site di - to
t
use the legal conditions of land existing as of February 28, 1986 and as depicted
on the "December 1985 Habitat Classification Aerial Photographs," hereby
bocccp-Envir.Amend Page 16 of 20
incorporated by reference as a base line for the type and extent of habitat on a
parcel. The 1985 mans shall be supplemented by recent aerial photography and
existing site analysis to determine any increases in the amount of upland native
vegetated areas. inelude a diselaimer statement te advise the publie that the maps
are generalized and that habitat designe6ens are subjeet to ver-ifiea4ien difeugh
field e fie
Policy 205.2.14
Monroe County shall require in the Land Development Regulations an Existing
Conditions Report including a vegetation survey for any development that may
disturb native upland vegetation. At a minimum the report shall include an
analysis of the potential impacts of the proposed development on native upland
habitats, a description of the measures designed to reduce identified adverse
impacts including clustering and a transplantation plan
Section 17. Amend Objective 205.5 as follows:
Obiective 205.5
Monroe County, together with private, state, and federal agencies, shall establish a
program for acquiring wed native upland habitat to implement Goal 105 and the
recommendations in the FKCCS. (See Future Land Use Objective 102.4 and related
policies). [9J-5.012(3)(b)4; 9J-5.013(2)(c)6]
Policy 205.5.1
The Monroe County D pa t:: eat of Environmental Reseumes Division of Growth
Management shall work cooperatively with the Monroe County Land Authority in
developing and administering the acquisition program. Acquisition shall be
undertaken as paft of to implement the Monroe County Land Acquisition Master
Plan (Objective 102.4) . [9J-5.012(3)(c)2; 9J-
5.013(2)(c)6]
Policy 205.5.2
A list of priority native upland habitat acquisition sites in Tier I shall be drafted
and updated reviewed annually. This list shall be developed by Monroe County
in consultation with representatives of D , FDEP, FDCA, USFWS, SFWMD,
FWC the Natienal Atid ben Saeiety Rwear-eh Dep eiit�rerutuf-e
Consen,aney, and others as appropriate. merit}--na pe •�PI� vegetatien
plant Y ^eies of speeial status vuu ,
bocccp-Envir.Amend Page 17 of 20
A
•WAIN or& &TOMMM411
Section 18. Delete Policy 207.1.2, Policy 207.10.5 and 207.12.6:
'
Regulatiens (Menfee CeunAy
BOGG 1990),
„
n ,,.1 ieh
d + .7 b r-efer-ene
aal Val IJ
plp,p}�� J1yn��
�s-Eempr-ehensive Plan, shall
#eliteeeies-ef speeial
�. __,
l..eZV \ ised
statusand er-itieal
to give g.1 side afien to GII�
neeting1€ee-diiing maneeszebirds.
a writte,,. ,�.etl.e.lelogy F 1 t' the LT7✓T.
_ . » .....waa aaa.+.aavuvavby Iva vvsaa ,
3. evaluation e-r-itefia weh will better- differ-entiate high, mediumd low
quality habitat-.
Before adept:en, the a
entif ,. ee .4
shall ode
b
teffest -;..1 and wildlife -eeelegy. a
,.lu a these
the extent Pvssrole, the reviewers mall
> 1990)
>
vhiffi- Compr-ehensive
vegetative
�uII w ee
Plan,
.. ;t'e
shall be
and thfeatened
revised
and
to better pfeteet high quality upland
endanger-edsFeeieS. TheHET 11 l�.e
revised te
7
a tiw r-itte1-•,etl.edelegy F ,..let;ng the 14EI;
_. ... _..vaa aa.v �a,v�avavb�I �
M.
use■ i�s�I
MUM
70
bocccp-Envir.Amend Page 18 of 20
•
•. •..
2. requirements for- integrating da4a regarding the hister-ie sightings of rare an-,
eii er-ed speei£sand Er-ifieal nesfing�i edingareas f birds;
3- evaluatien Eriter-ia �F-hie-l3—will -better- di cr , tia4e high, di .7 lew
quality habitfit,
Section 19. Delete Objective 1201.13:
Section 20. 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 21. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the
repealing clause of such ordinance or revive any ordinance which has been repealed thereby.
Section 22 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 23. This ordinance shall be filed in the Office of the Secretary of State of Florida but
shall not become effective until a notice is issued by the Department of Community Affairs or
Administration Commission approving the ordinance.
bocccp-Envir.Amend Page 19 of 20
Section 19. Delete Objective 1201.13:
Section 20. 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 21. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the
repealing clause of such ordinance or revive any ordinance which has been repealed thereby.
Section 22 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 23. This ordinance shall be filed in the Office of the Secretary of State of Florida but
shall not become effective until a notice is issued by the Department of Community Affairs or
Administration Commission approving the ordinance.
bocccp-Envir.Amend Page 19 of 20
Section 24. This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs to determine the consistency of this
ordinance with the Florida Statutes.
Section 25. The provisions of this ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be
appropriately numbered to conform to the uniform numbering system of the Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the day of , A.D. , 2005.
Mayor Dixie Spehar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
Commissioner Murray E. Nelson
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
MM
Mayor/Chairperson
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
Deputy Clerk
MONROE COUNTY ATTORNEY
�EO S TO FORM
Oe / 1 • 02.•1)
bocccp-Envir.Amend Page 20 of 20
STAFF REPORT
BOARD OF COUNTY COMMISSIONERS
MARATHON
DECEMBER 155 2004
Monroe County Department of Planning and Environmental Resources
2798 Overseas Highway Marathon Florida 33050
305-289-2500 ngt
conaway-marlene@monroecouny-fl.gov
311) -
November 28, 2004
TO: Monroe County Board of County Commissioners
FROM: K. Marlene Conaway, Director
RE: Environmental Comprehensive Plan amendment to implement Goal 105
Introduction
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. Attached is the proposed amendment to the Comprehensive Plan
to implement the goal, Rule 28-100 and the Florida Keys Carrying Capacity Study
(FKCCS).
Staff is recommending that three public hearings be held before the Board of County
Commissioners, one in each area, before adoption of the Transmittal Resolution.
Hopefully, this schedule will allow us to finish the adoption process by June 2005.
Background
The Board of County Commissioners (BOCC), at a regular meeting on January 21, 2004,
directed Growth Management staff to prepare an ordinance deferring ROGO and
NROGO allocation awards in areas containing tropical hardwood hammock or pinelands
of two acres or greater within Tier I - Conservation and Natural Areas (CNA), while staff
prepares draft text and map amendments and other supporting studies in order to
effectuate the provisions of Goal 105 of the 2010 Comprehensive Plan, and Rule 28-
20.100 FAC.
The Planning Commission reviewed the staff proposed draft at a workshop in June and an
amended draft in four public meetings in September, October and November 2004. The
Planning Commission approved several amendments and voted to recommend the
attached draft to the BOCC on November 3, 2004. During the summer three focus group
meetings were held; two with the construction industry representatives and one with a
group of interested individuals and environmental groups. Several planned meetings were
cancelled due to the hurricanes. Finally two evening community workshops, one in Key
Largo and one in Sugarloaf, were held in October.
Environmental Amendment
The current LDRS require properties designated on the 1986 Habitat Maps as hammock
and pineland to perform a Habitat Evaluation Index (HEI) to determine the amount of
clearing permitted and the negative points awarded in ROGO and NROGO. The HEI is a
subject of continuous controversy, is accused of being subjective and since based on 1986
maps does not take into consideration re -vegetation over the last twenty years. The
Monroe County Department of Planning and Environmental Resources
2798 Overseas Highway Marathon Florida 33050
305-289-2500 conaway-marlene(amonroecouny-fl.gov
proposed ordinance removes the requirements for performing an HEI from the Plan and
Code. Instead habitat quality and permitted clearing is based on the Tiers. Tier I receives
"0" points for ROGO and clearing is limited to 10%. Clearing of habitat in Tier II is
limited to 40% and Tier III is limited to 60%.
Regulatory requirements in the LDRS include an Existing Conditions Report, a
Conservation Easement on upland native vegetation and use of the 1986 Habitat Maps as
a baseline to assure unlawful clearing has not/does not occur.
Ocean Reef, which is not subject to ROGO and NROGO, is defined as Tier II and Tier III
and clearing of upland native vegetation is limited to 40%.
In addition to changes to implement the Tier system, the Comprehensive Plan
amendments also address the requirements for a Land Acquisition Master Plan, by
changing the Natural Heritage and Park Program requirements in the current Plan
(Objective 102.4); Objective 205.5 further defines the acquisition program; Objective
102.9 has been amended to provide guidance for developing a management strategy for
lands acquired; and Objective 205.1 amends the GIS mapping requirements to implement
the procedures followed to develop the Tier maps and require maintenance of the GIS
data.
PLANNING COMMISSION RESOLUTION
BOARD OF COUNTY COMMISSIONERS
MARATHON - EOC ROOM
DECEMBER 15, 2004
RESOLUTION NO. -2004
A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION
RECOMMENDING APPROVAL TO THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS OF THE REQUEST BY THE MONROE
COUNTY PLANNING DEPARTMENT OF AMENDMENTS TO THE
MONROE COUNTY 2010 COMPREHENSIVE PLAN TO DELETE
REQUIREMENTS FOR AN HEI, REVISE THE OPEN SPACE, LAND
ACQUISITION, MANAGEMENT AND GIS MAPPING REQUIREMENT TO
IMPLEMENT GOAL 105 OF THE 2010 COMPREHENSIVE PLAN AND THE
TIER SYSTEM BY DELETING POLICIES 101.4.20, 102.9.5, 102.9.6, 103.2.2,
207.1.2, 207.10.5, 207.12.6 AND OBJECTIVE 1201.13. REVISE POLICIES
101.4.22, 101.14.1, 102.1.1, 102.4.1, 102.4.2, 102.4.3, 102.4.4, 102.4.5, 102.4.6,
102.4.7, 102.7.3, 102.8.1, 102.8.5, 102.9.1, 102.9.2, 102.9.3, 102.9.4, 103.2.1,
205.1, 205.1.1, 205.1.2, 205.1.3, 205.1.4, 205.1.5, 205.1.6, 205.2.1, 205.2.2,
205.2.6, 205.2.7, 205.2.14, 205.5.1, 205.5.2, 207.1.2 Revise Objective 102.4,
102.9, 201.1, 205.2 and 205.5, OF THE 2010 COMPREHENSIVE PLAN.
WHEREAS, the Monroe County Planning Commissioner, during a public hearings held November 16,
2004, reviewed and considered the proposed amendment to the 2010 Comprehensive Plan to delete
requirements for an Habitat Evaluation Index (HEI) , revise the open space, land acquisition, management and
GIS mapping requirement to implement Goal 105 of the 2010 Comprehensive Plan, Rule 28-20.100 F.A.C. and
the Tier Overlay system; and
WHEREAS, the Monroe County Board of County Commissioners directed staff to prepare text and
map amendments in Ordinance No. 018-2004 adopted June 16, 2004, to include: Tier Overlay Map designations
in accordance with Goal 105; revisions to ROGO and NROGO based on the Tier system utilizing a positive
approach that predominately relies on land dedication and aggregation; and revisions to the environmental
regulations based on the Tier system rather than the existing Habitat Evaluation Index; and
WHEREAS, 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;
and
WHEREAS, Tier Maps were developed following the criteria in Goal 105, utilizing computer mapping
(GIS), identifying areas appropriate for additional development and those, which are important environmentally
and should be preserved; and
WHEREAS, The boundaries for the Tier Maps were drawn using environmental and development
information and digital data from the Florida Keys Carrying Capacity Study (FKCCS), the Planning
Department and the Property Appraisers Office and refined through site visits by the County Biologists and
Planners; and
pccomp plan-Envir.Amend Page 1 of 20
WHEREAS, hammock size is a major determinate of habitat quality according to the FKCCS, therefore
size and connectivity are used in determining the boundary of the Tiers to identify the best and most important
terrestrial habitat areas for preservation; and
WHEREAS, Tier I includes all contiguous hammock areas above four acres and restoration areas
between fragmented smaller hammock patches to increase the hammock size and buffers where possible.
Hammock size is a major determinate of habitat quality according to FKCCS, which is why size and
connectivity were used to identify the best and most important terrestrial habitat areas for preservation; and
WHEREAS, Tier II contains smaller hammock patches isolated by surrounding development; the
quality is reduced because of the negative secondary impacts of development. These areas still contain a large
number of undeveloped lots; and
WHEREAS, Tier III is appropriate for additional infill development because of the location and amount
of existing development in the areas designated; and
WHEREAS, the Board of County Commissioners (BOCC), at a regular meeting on January 21, 2004,
directed Growth Management staff to prepare an ordinance deferring ROGO and NROGO allocation awards in
areas containing tropical hardwood hammock or pineland of two acres of greater within Tier I - Conservation
and Conservation and Natural Areas (CNA), while staff prepares draft text and map amendments and other
supporting studies in order to effectuate the provisions of Goal 105 of the 2010 Comprehensive Plan, and Rule
28-20.100 FAC; and
WHEREAS, the current LDRS require properties designated on the 1986 Habitat Maps as hammock
and pineland to perform a Habitat Evaluation Index (HEI) to determine the amount of clearing permitted and
the negative points awarded in ROGO and NROGO. The HEI is a subject of continuous controversy, is accused
of being subjective and since based on 1986 maps, does not take into consideration re -vegetation over the last
twenty years; and
WHEREAS, The proposed ordinance removes the requirement for performing an HEI from the 2010
Comprehensive Plan, instead habitat quality and permitted clearing is based on the Tiers. Tier I receives "0"
points for ROGO and clearing is limited to 10%. Clearing of habitat in Tier II is limited to 40% and Tier III is
limited to 60%; and
WHEREAS, In addition to changes to implement the Tier system, the Comprehensive Plan
amendments also address the requirements for a Land Acquisition Master Plan; and
WHEREAS, the Planning and Environmental Resources Department have made changes to the
proposed draft based on comments at the public workshops and hearing and direction of the Planning
Commission; and
WHEREAS, the Planning Commission, after hearing public comments and staff input at four public
hearings, finds the proposed amendments to the to the 2010 Comprehensive Plan which delete the HEI
requirements in the Plan, require an existing conditions report including a vegetation survey, require a grant of
conservation easement to protect open space vegetation and limit the clearing of native upland vegetation
dependent on the tier system designation, and provide for a Land Acquisition Master Plan are consistent with
pccomp plan-Envir.Amend Page 2 of 20
and further goals, objectives and policies of the Year 2010 Comprehensive Plan, particularly Goal 105 ' and
recently adopted set of comprehensive plan amendments to effectuate the Tier system;
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County
Board of County Commissioners of the following amendment to the 2010 Comprehensive Plan:
Section 1. Delete Policy 101.4.20
Section 2. Amend Policy 101.4.22 as follows:'
Policy 101.4.22
All densities intensities development shall be subject to clearing limits
defined by habitat and the location of the property in the Land Use District
(zoning) Overlay Tier Maps and the wetland requirements in 102.1.1. habitat per
etiffeat Land Develepmen4 Regulations, Division 8, hereby ineer-pere4ed by
ero_
rye. I. the ease ef upland har-dweed and pineland forests the is
deteFmined by the fesultc ef the habitat l (G +' d r + l
Management Objeetive 205.2 „a FeWea .., heies) Except as defined in Policy
Management, vvJ vvu�v
101.12.4, -clearing of upland native vegetation areas in the Tiers I II and III shall
be limited for the portion of the property containing upland native vegetation in
the following percentages:
TIER Permitted Clearing
Tier I 10%
Tier II 40%
Tier III 60%
Section 3.- Amend Policy 101.14.1 as follows2
Policy 101.14.1
Monroe County shall discourage developments proposed within the Coastal High
Hazard Area (CHHA). by methods ela; � + limited to, e + +
, „"b, but � e
in the Pennit Alleeatien and Point System (see Pehey
. [9J-5.006(3)(c) l ]
Section 4. Amend Policy 102.1.1 as follows:3
Policy 102.1.1
Upon adeptien of theme ehensive a , The County shall utilize th�
Envir-enmental Standards, found in eeeti ,„ 9.5 336 th t, 9.5 342 f t Land
protect
"This revision reflects that clearing and open space will be controlled by the Tier designation based on the existing conditions rather
than the environmental regulations that are based on the 1986 habitat maps.
2 This revision reflects that the majority of the C IHA are in Tier I and are therefore receive a lower score.
s The revisions update the Policy to reflect the wetland regulations currently in effect
pecomp plan-Envir.Amend Page 3 of 20
Section 5.
submerged lands and wetlands. A..eer-dingl ,- The open space requirement shall
be one hundred (100) percent of the following types of wetlands:
1. Submerged lands 2. mangroves 3. salt ponds 4. fresh water wetlands
5. fresh water ponds 6. undisturbed salt marsh and buttonwood wetlands
4Allocated density (dwelling units per acre) shall be assigned to freshwater
wetlands and undisturbed salt marsh and buttonwood wetlands only for use as
transferable development rights away from these habitat
ponds, freshwater ponds, and mangroves shall not be
intensity. [9J-5.006(3) (c) 1 and 6]
Amend Objective 102.4 as follows:5
s
. Submerged lands, salt
assigned any density or
Obiective 102.4
Monroe Country shall prepare a Land Acquisition Master Plan by July 1 2005
containing a strategy for securing funding and non -funding sources for acquisition
and management of conservation lands retirement of development rights and
identification and purchase of sites for affordable and employee housing and
recreational pu oses6. n�uar-y-4�998, l Iefir-er * shall establish th
[9J-5.006(3)(b)4, 10 and9J-5.010(2)(c)3]
Policy 102.4.1
The Monroe County Land Acquisition Master Plan �.r. aural Heritage and
D�,v
i�u
Program
shall be developed and implemented by the Growth Management
Division, in cooperation with the Monroe County Land Authority FDEP FDCA
FWC, and USFWS.—with the —Parks and Reer-eatien Bow -and other
knowledgeable county and state agencies. [9J-5.006(3)(c)4 and 6]
Policy 102.4.2
The Land Authority and the Growth Management Division shall identify and
prioritize the types of lands which shall be considered for acquisition These shall
include, at a minimum:
1. designated Tier I (Conservation and Natural Areas) lands as defined in Policy
105.2.1,1, which shall include all contiguous hammock areas above four acres ~
4 Wetland setbacks are defined in Policy 204.2.6, deleting the reference here will prevent confusion.
5 This revision is to incorporate changes in the land acquisition priorities in Monroe County with the completion of the Florida Keys
Carrying Capacity Study and adoption Of Goal 105.
6 Land acquisition for affordable housing is an additional element included in the Land Acquisition Master Plan.
pccomp plan-Envir.Amend Page 4 of 20
2. restoration areas between fragmented hammocks to increase the contiguous
hammock size and buffers where appropriate; lands containing naturally
occurring and native habitats;
3. fresh water wetlands, and undisturbed salt marsh, and buttonwood wetlands
that are required under Policy 102.1.1,
4. designated Tier II lands as defined in Policy 204.2.1 2 that provide habitat for
small birds and animals and contribute to the quality of the neighborhoods;
5. lands containing unique geologic features;
6. lands whose conservation would enhance or protect water quality or would
protect fish or wildlife habitat, which cannot be adequately protected through
local, state and federal regulatory programs;
7. lands in Tier II and Tier III for employee and affordable housing
8. lands which can be used, without adverse impacts on natural resources, for
community and neighborhood parks and/or public beaches water access; and
9. lands, which offer the opportunity for preservation of significant archaeological
or historical sites. [9J-5.006(3)(c)4 and 6]
Policy 102.4.3
The Land Authority and Growth Management Division shall develop a priority
list of Natural Her-itage-and Park acquisition sites. This list shall be updated
annually. In formulating this list the County will prioritize Tier I lands over Tier
II and Tier III lands. Tier II lands with fragmented hammocks and wetlands
identified in Policy 102.4.2,2 shall be the second highest priority for acquisition
Acquisition of land for affordable housing on vacant scarified lands in Tier II and
III shall also be a first priority. -will een :aer freshwater- leases n eeha e
_ uaaava aa�
areas, espeeially these whieh ever -lap the habitats ef eadanger-ed er- fiffea4efled
wildlife ifv `�, ahigh " fit . [9J-5.006(3)(c)4 and 6]
wild uua.
Policy 102.4.4
The Monroe County Land Acquisition Master Plan shall contain an acquisition
financing plan shall be develeped .,.,,,, aUy which identifies potential -sources of
funding for acquisition of lands on the Priority List. Funding sour-ees ...h;,.h..����
be side:ed include th f " :Land acauisition will be a coordinated effort
vvaa.aa u aaavauuv
between the state and federal governments and the county. The county shall
petition the state and federal government to accept primpa responsibility for
7 Staff can think of none in the County.
8 This revision adds land for employee and affordable housing to the list of acquisition areas, in the past this sections did not include
implementation of a housing goal.
pccomp plan-Envir.Amend Page 5 of 20
acquisition of Tier I, conservation and natural lands. The county will be
responsible for purchases in Tier H and Tier III of wetlands and fragmented
hammock areas. Land acquisition for other priorities depend on funding
availability, need and future use.
�ier-ida . _
000
• . s
4.
7. leeal funds made aNailable fifem fair- share eemmunity park impaet fees
(paid pufsuant te the Menfee CeuMy Land Develepmea4•
and
•. beeal funds as may be made "!able thfough speeial
• 11•
and •
Policy 102.4.5
An intergovernmental organization and management structure shall be developed
to implement the expanded acquisition program including representatives of
Growth Management Division Land Authority, municipalities and state and
federal agencies.
The --C-e,,Val?--Managemens—Divisien shall, in eeerminatiei3--w'*4tn--the Gr-uxis�
Manager-, make pli^r rtnens- to funding seufees as identified im the unnua}
ae ris tion finaneing p[9J-5.006(3)(c)4 and 6]
Section 6. Delete existing Policy 102.4.6 and create new Policy 102.4.6
Policy 102.4.6
The Monroe County Land Acquisition Master Plan shall contain policies to direct
the over-all acquisition program criteria to follow when setting_ priorities for
acquisition and a framework for the acquisition process and the sharing of
responsibilities. At a minimum the plan will include the following:
Environmental protection, density reduction and passive recreation
a) public acquisition, ownership and maintenance will be the preferred
option for Tier I lands and for clusters of undisturbed wetland and
hammock lots in Tier II and Tier III.:
b) buy/sell back to the adjacent property owners option will be followed
in Tier II, where sprawl and density reduction are the prime impetus
for land purchase. A higher priority for acquisition will be given to
those parcels in Tier II with neighboring properties owners or
communities who want to partner with the county to purchase the lots
and take responsibility for maintenance and protection of any areas of
native vegetation:
pccomp plan-Envir.Amend Page 6 of 20
c) purchased lands that can also provide needed recreational
opportunities will be identified in coordination with the Parks and
Recreation Board and a plan for utilization developed;
d) non -purchase options will also be explored and specific
recommendations included;
e) criteria for the prioritization of land acquisitions within the different
priority areas will include 1) the size and the location of the property
and surrounding land uses including management status 2)
minimization of the edge to area ratio of parcels by combining lots for
acquisition, 3) potential for successful reclamation if within a larger,
better hammock quality area, and 4) maintenance costs for isolated
parcels.
2. Affordable and employee housing
a) parcels in Tier II and Tier III that are suitable for the development or
redevelopment of six or more residential units will be identified and
prioritized for acquisition;
b) priority for acquisition will be given to projects that are ready to
proceed with ROGO allocations available;
c) public/private/non-profit partnerships and/or agreements exist to
develop the site and maintain the affordability of residential units in
perpetuit.
Section 7. Create new Policy 102.4.7
Policy 102.4.7
Lands acquired through the Monroe County Land Acquisition Program shall be
managed to restore, preserve, and protect the conservation recreation density
reduction and affordability purposes for which the lands were acquired (See
Recreation and Open Space Objective 1201.11 and related policies.) 19J-
5.006(3)(04 and
Section 8. Amend Policy 102.7.3 as follows:9
Policy 102.7.3
Monroe County shall discourage developments proposed on offshore islands by
methods including, but not limited to, designating off shore islands as Tier I lands.
[9J-5.006(3)(c)6]
Section 9. Amend Policy 102.8.1 10
Policy 102.8.1
9 This revision demonstrates how the ROGO and NROGO system is being modified to protect off shore islands without assigning
negative points on an individual basis.
' 0 CBRS are included in Tier I and are protected by the Tier points in ROGO and NROGO.
pccomp plan-Envir.Amend Page 7 of 20
Monroe County shall discourage developments which are proposed in units of
Coastal Barrier Resources System (CBRS). by metheds i.,1,,ding but net limited
te, negative points in the Pefmit Alleeation and Point System (see Pehey 101.5.4)-.
[9J-5.006(3)(c)6]
Section 10. Amend Policy 102.8.5 as follows: I
Policy 102.8.5
Monroe County shall initiate
continue its efforts to discourage the extension of facilities and services provided
by the Florida Keys Aqueduct Authority and private providers of electricity and
telephone service to CBRS units. These efforts shall include providing each of
the utility providers with:
1. a map of the areas of Monroe County which are included in CBRS units;
2. a copy of the Executive Summary in Report to Congress: Coastal Barrier
Resources System published by the U.S. Department of the Interior,
Coastal Barriers Study Group, which specifies restrictions to federally
subsidized development in CBRS units; and
Monroe County policies regarding local efforts to discourage both private
and public investment in CBRS units; -ate
4. Menree--Ceumty- regulations regarding development in CBRS „ :+-
ineluding the- Pefmit Alleeatien System -regulations, whieh eoflHn�
negative points for- development in GPRS units. (See-Peiiey 101.5.4.)
[9J-5.006(3)(c)6]
Section 11. Amend Objective 102.9 as follow:'2
Objective 102.9
By anuarT4- 1998-,Monroe County shall complete and implement a cooperative land
management program for publicly owned lands acquired through
implementation of the Monroe County Land Acquisition Master Plan (Objective 102 2),
Goal 105 and the FKCCS. leeutcva e,1 within and adj epat to parks and t 1 a
a V
w-hieh are -ewned--bye Mate -and- federal gevemments inthe Fienda Keys. [9
5.006(3)(b)41
Policy 102.9.1
Monroe County shall discourage developments which are proposed in Tier I
through the permit allocation system and the environmental regulations W
C enserya4ie Land n1VL. VLL3t'Vll Zn3V
( defined t; nee„ 102 n 3 below) by
ll 11
ett,eds eludin but t limited to 4i + � the D t � ll ti
.....,........, ulvla..ullab, our OT.—IIrxxTccQ—tv�rc6ircro-e�7vrnr.TZrtcv crn.—rGrt 1Y
11 Negative points are no longer needed because the CBRS units are included in Tier I.
12 With adoption of goal 105 and the resulting Tier system this Objective designating Conservation Land ProtectionAreas is no
longer needed The new section will be specific to the preservation in Tier I.
pccomp plan-Envir.Amend Page 8 of 20
andPoint -System (see t 9bjeetives 101o 1013 and 101 c
and related peIi ies l [9J-5.006(3)(c)6]
Policy 102.9.213
T 1.,en adoption „f• the Comprehensive
-Plan, Monroe County, in cooperation with
appropriate state and/or federal agencies, shall initiate Censervatien Lana
nr teetion Area a planning_ process to develop policies to direct the over-all
management program for publicly owned native lands. Changes in policies and
Mecific management strategies may be modified as the program progresses.,
sses,
acquisitions continue and new information becomes available through biological
research or monitoring of the management units. eensefva4ion lands in Men&ee
!`etmt.. The pur-pese of these planning eft Fta_will he to identify e ant _a
ffitufe lard a etiy t;e „hieh are ,sing, or- have the pete t;nl_-for_eausi
^!
adverse impaets on sensitive natural features and natural reaenrees_within _state
and federal eensefvmien lands. Land use aefivities ef eeneem shall ineltide b
„hlie and p ate-aefiens. T�,r1ienfee-C-ounty shill-eempplete CeAser^-:atien I
. [9J-5.006(3)(c)3]
Policy 102.9.314
Monroe Countv shall develon orizanization and management plans to initiate a
program for protection, restoration and management of acquired lands.
Management objectives for specific management units will be developed in
concert with state, federal and municipal land management programs responsible
for adjoining lands. ,
per-afien with appropriate state and/or- federal ageneies, shall inifieAe effef4s
t„ ;de>7t;f:. a r ,,,aer„at;,,,, Land nr„te,.t;,.n Area fare .>, eensey-vat; ,., area ewn
ed
by the Mate and federal g nts in the Fier-;da Keys-.
. ...... . . .....
" Revisions to this section sets up the mechanism for development of a managing planning process for parcels acquired to
implement Goal 105 and the FKCCS.
14 The Tier system accomplishes the policy being deleted in the plan.
pccomp plan-Envir.Amend Page 9 of 20
Policy 102.9.4
Management plans shall be reviewed every three years, in cooperation with the
appropriate state and/or federal agencies. Revisions to each management plan
shall be made as necessary to reflect recent land acquisitions and changing
management priorities. [9J-5.006(3)(c)61]
..•
�7
d—
d—
aetivities `vhieh have
t ; . r
g)
petenti adverse ets en r-she,-e at
pccomp plan-Envir.Amend Page 10 of 20
i-�eeemmendatiens regarding pefmittiag of shoreline stme.wes dfed inn
and filling and substfate a4er-miea;
3 aetiens-to- maintain „a / „bl e-aee ss te state and f aefa
eenserwatien lands;
4. stfategies for- working eeeperatively with private landev,%er-s in suppeft ef
ti.,d
o e r�
Section 12. Delete Policy 102.9.5 and 102.9.6
Tyr resrItizIt
Section 13. Amend Policyl03.2.1 and Delete Policy103.2.2:15
Policy 103.2.1
Monroe County shall implement
methods including, but not limited to, designating known habitat of the Schaus's
swallowtail butterfly as Tier I.
diseewage—and a;���„- ng=developments proposed- within hanmeelcs
(1de„+1m1 t to renseion „a C.Aasta Management Pelie., om • 10 •1)
14anmee4fs C_Prejee-t " Sta4e n ,.quisi fie Area i the ..o.mit alle atie and
point system. (See-Peh[9J-5.012(3)(c)1; 9J-5.013(2)(c)5
and 6]
� s This revision will require that the Schaus' butterfly be protected through identification of known habitat as Tier I.
16 The CART. program is now the Florida Forever program it is better not to name the funding source.
pccomp plan-Envir.Amend Page 11 of 20
Section 13. Amend Policyl03.2.1 and Delete Policy103.2.2:15
Policy 103.2.1
Monroe County shall implement
methods including, but not limited to, designating known habitat of the Schaus's
swallowtail butterfly as Tier I.
diseewage—and a;���„- ng=developments proposed- within hanmeelcs
(1de„+1m1 t to renseion „a C.Aasta Management Pelie., om • 10 •1)
14anmee4fs C_Prejee-t " Sta4e n ,.quisi fie Area i the ..o.mit alle atie and
point system. (See-Peh[9J-5.012(3)(c)1; 9J-5.013(2)(c)5
and 6]
� s This revision will require that the Schaus' butterfly be protected through identification of known habitat as Tier I.
16 The CART. program is now the Florida Forever program it is better not to name the funding source.
pccomp plan-Envir.Amend Page 11 of 20
a
z - -
2. requirements fer- integrating data regarding the histefie sightings ef r-
endangered -sp eEicsind C�i*aiear-iesmtins/fcnesting/feeding ff2&S�vrbiids a
3. evaluation er-iter-ia whieh will beffer- diMfentia4e high, medium and 1
quality HabiteE
3111
8. ffik •
•
Section 14. Amend Policy 204.2.1 as follows:17
Ugen—adeptien e€ the Ee ehensive Dom- the CeufAy shall --utilize
-tl�e
Lllvll Vlllll VilLK1 VLLL114LL111U 1V 1111L1 111 VVVL1V31 9.
Aevelepment—Regullatn'ens—(hereby incBr-pe,.•,+=a�oaby r-efereaee) To eet
subfnefged lands and wetlands. Aeeer-dingly To protect submerged lands and
wetlands the open space ratio shall be 100 percent of the following types of
wetlands:
1. submerged lands;
2. mangroves;
3. salt ponds;
4. freshwater wetlands;
5. freshwater ponds; and
6. undisturbed saltmarsh and buttonwood wetlands.
Allocated density (dwelling units per acre) shall be assigned to freshwater
wetlands and undisturbed salt marsh and buttonwood wetland only for use as
transferable development rights away from these habitats. Submerged lands, salt
ponds, freshwater ponds and mangroves shall not be assigned any density or
intensity. (9J-5.012(3)(c)1 and 2; 9J-5.013(2)(c)6)
17 The Sections of the LDRs are being amended and it is inappropriate to site the regulations in the plan.
pccomp plan-Envir.Amend Page 12 of 20
Section 15. Amend Objective 205.1 as follows:18
Objective 205.1
By january 4, , Monroe County shall utilize the computerized geographical
information system (GIS) and the data, analysis and mapping_ generated in the
Florida Keys Carrying Capacity Study (FKCCS), FMRI, habitat maps and field
evaluation to •,•�,,.rn ;ae more euffent and fner-e refined deA o , lap
identify and map areas of upland vegetation in the
Florida Keys and to prepare Tier overlay maps as required in Policy 105.2.2. [9J-
5.012(3)(b)l; 9J-5.013(2)(b)3]
Policy 205.1.1
The County shall establish the following criteria at a minimum to use when -a
field a eensisteffi.t. m-edhedele and e-ite--iq for- mapping and valuating upland
habitats: [9J-5.013(2)(c)9]
1. Criteria for desi ng ating lands as Tier I:
■ Natural areas including old and new growth upland native vegetated
areas, above 4 acres and a buffer of privately owned vacant lots and
parcels.
■ Vacant land to connect patches and reduce further fragmentation.
■ A buffer, up to 500 feet if indicated, between natural areas and
development to reduce secondary impacts, canals or roadways,
depending on size may form a boundary.
■ Lands designated for acquisition by public agencies.
■ Known locations of threatened and endangered species.
■ Native Area Land Use district and other districts in buffer/restoration
area as appropriate.
■ Lands with a potential for successful land management - restoration of
disturbed habitat, removal of exotics, and connection o0atches.
■ Areas with minimal existing development.
2. Criteria for designating lands as Tier II:
■ Subdivisions less than 50% developed, or portions of subdivisions that
are less than 50% developed because of environmental constraints.
■ Fragmented, unconnected hammock patches of less than 4 acre, which
are isolated from larger natural areas by existing development.
■ Developed and undeveloped SR and SS lots with upland native habitat.
■ Platted lots in areas where adioining property owner(s) may purchase
the lots with county participation.
Criteria for designating lands as Tier III:
■ Isolated upland habitat fragments of less than half an acres
' a This revision establishes the criteria and mapping protocol for mapping of upland native vegetation and Tier designatiorL
pccomp plan-Envir.Amend Page 13 of 20
■ Substantially developed subdivisions near established commercial areas.
■ Primarily IS and URM lots.
■ Developed non-residential and mixed used areas.
Policy 205.1.2
The County shall eemplete-ground-truthing of the upland habitats identified in the
ADID habitat maps, aerial photography, satellite imagery and the FKCCS,
including mapping and preliminary habitat evaluations. Priority shall be given to
natural upland communities of four acres or greater identified in the Fler-iA
[9J-5.013(2)(c)9]
Policy 205.1.3
The County shall enter ground-truthed upland native vegetated area location and
evaluation data into the GIS and use the GIS to analyze the data and prepare Tier
Zoning Overlay Maps for adoption as required in Policy 105.2.2. [9J-
5.013 (2)(c)9]
Policy 205.1.4
The GIS will be used to evaluate the lands designated in the different Tiers,
determining vacant, platting and ownership status, zoning and appraised values
for acquisition planning.
1-ineh equals 200 feet [9i 5.013(2)(e)91
Policy 205.1.5
Land management activities, land acquired Habitat evaltta4ien index, and permit
data shall be incorporated into the GIS annually. [9J-5.013(2)(c)9]
Policy 205.1.6
The County shall coordinate its upland native vegetation mapping and evaluation
efforts with those of federal and state agencies and private researchers so as to
avoid duplication of effort. These agencies shall include, at a minimum, the EPA,
ACOE, DER D , FDEP, FDCA, SFWMD, FGFWFC, and nongovernmental
environmental groups . [9J-
5.013(2)(c)9]
Section 16. Amend Objective 205.2 as follows:19
Obiective 205.2
To implement Goal 105 of this Plan and the recommendations in the Florida Kevs
Carrying Capacity Study(FKCCS), Monroe County shall adopt revisions to the Land
Development Regulations which further protect and provide for restoration of the habitat
' 9 This revisions provides direction for the LDR amendments implementing the Tier system and removing the requirements for an
BEI.
pccomp plan-Envir.Amend Page 14 of 20
values of upland native vegetated communities, including hardwood hammocks and
pinelands. [9J-5.012(3)(b)l; 9J-5.013(2)(b)31
Policy 205.2.1
Monroe County shall designate the boundaries in the zoning overlay tier system
based on the criteria in 205.1.
U-pen adeptien ef the Comprehensive Plan, the Cetti4y shall utilize the Habi
Devel prnen. - - ilatiens,hereby ineer-per-ate€er-enee, to eialxa4e-ate
pr-eteet sensitive habitats ef the Fler-ida Keys-.
:mot
,
Be f ,-e deptio the
o „fi fie ., by o „efts ;
00 0
revisions shall
nder-ge s
a eeel�egy. - T
teffestr-ial and wildlife
CieipALII�deILelepmeR4
,the extents pesr �-t1���� eviewers s
theeAlJ Z
I�AtCetheseiindividualsTie' pa
of
ILvisie r
Policy 205.2.2
—r..-- », r.— .,_ .... r--........, _ ....-, .._. _4 - ---� ...... .... r.-------• �---�
o^ "
P�;+ eeafien a - .:.,* c• *�m Monroe County shall discourage assign a
negative point developments in Tier I whieh distu to protect areas of
native upland vegetation. Sites having high quality .,alive upland , e etafi n s hall
of measufes as speeified in the HEL (See Policy 101.5.4). [9J-5.012(3)(c)l, 2
and 3; 9J-5.014(2)(c)6]
Policy 205.2.620
The permitted clearing of native upland vegetation communities shall be defined
by habitat and the location of the property in the Land Use District (zoning)
Overlay Tier Maps. whie , exhibit ftme.:, nal integrity and viability shall meet
exeeedOh-eir existing pereent-ages ;as-fellew&:--Clearing of upland native vegetation
20 Clearing and open space requirements are now based on the Tier designation, an HEI will no longer be used because the mapping
has been done up front of all quality hammock areas. Clearing will be reduced over -al
pccomp plan-Envir.Amend Page 15 of 20
communities in the Tiers I, II, and III shall be limited for the portion of the
property containing upland native vegetation in the following percentages:
Tier Permitted Clearing
Tier I 10%
Tier II 40%
Tier III 60%
.. •
Policy 205.2.7 '
Clearing of native vegetation shall be limited to the percentage allowed in Policy
205.2.6. and shall be ealled the inmnediate develepmepA area. 21For applications
that receive points for lot aggregation under the Permit Allocation Svstem for
residential development, clearing of upland native vetetation shall be limited to
the clearing permitted in 205.2.6 or 5,000 sauare feet, whichever is less. The
immediate development area shall include the area of approved clearing shown on
the approved site plan. The immediate development area shall be fenced
throughout the duration of construction. During construction, there shall be no
21 This change implements the changes in the proposed nile 28-20.110.
pccomp plan-Envir.Amend Page 16 of 20
disturbances of the ground surface and vegetation within areas of native upland
vegetation not approved for clearing. required open spaee areas. [9J-5.013(2)(c)3]
Policy 205.2.1222
Monroe County shall use as
baseline to determine the elea-inn that may be pe,-. fitted o a site an...�,.i;,�.T
use the legal conditions of land existing as of February 28, 1986 and as depicted
on the "December 1985 Habitat Classification Aerial Photographs," hereby
incorporated by reference as a base line for the type and extent of habitat on a
parcel. The 1985 maps shall be supplemented by recent aerial photograph
existing site analysis to determine any increases in the amount of upland native
vegetated areas.
are generalized and that habitat designations are subjeet te ver-ifleatien flueu
field inspeetions.
Policy 205.2.14
Monroe County shall require, in the Land Development Regulations an Existing
Conditions Report including a vegetation survey for any development that may
disturb native upland vegetation. At a minimum the report shall include an
analysis of the potential impacts of the proposed development on native upland
habitats, a description of the measures designed to reduce identified adverse
impacts including clustering and a transplantation plan..
Section 17. Amend Objective 205.5 as follows:23
Objective 205.5
Monroe County, together with private, state, and federal agencies, shall establish a
program for acquiring unwistur-bed24 native upland habitat to implement Goal 105 and the
recommendations in the FKCCS. (See Future Land Use Objective 102.4 and related
policies). [9J-5.012(3)(b)4; 9J-5.013(2)(c)6]
Policy 205.5.1
The Monroe County Division of Growth
Managementshall work cooperatively with the Monroe County Land Authority in
developing and administering the acquisition program. Acquisition shall be
undertaken as pai4 e to implement the Monroe County Land Acquisition Master
Plan (Objective 102.4) . [9J-5.012(3)(c)2; 9J-
5.013(2)(c)6]
" Changing to the existing conditions on a property rather than the conditions in existence in 1985 will increase the protection of
habitat areas by including "new growth" which is not currently protected or analyzed in the HEI.
zs This revision establishes the acquisition program required to implement Goal 105.
24 Regrowth areas are now maturing and should also be protected.
pccomp plan-Envir.Amend Page 17 of 20
Policy 205.5.2
A list of priority native upland habitat acquisition sites in Tier I shall be drafted
and updated reviewed annually. This list shall be developed by Monroe County
in consultation with representatives of D'P , FDEP, FDCA, USFWS, SFWMD,
FWC the National iuduberSeeiety Resear-eh Nature
and others as appropriate. Priority native upland vegetafie.m.
1. are determined-te be high quality habitat and-era-designatedin the Tier- l
ever -lay distr-ie�#hfeugh the 14EI);
2 1 a 1 ♦ f 1 status eade e e
�= =---= r------ =r==-== --=r=:---=----------------- .ram----
3. Te - -- ffia ted habitat F-,wildlife sram.,emsof speeia. status;
4� y 1,.e lee te.l within Improved Subdivisions;
Section 18.25 Delete Policy 207.1.2, Policy 207.10.5 and 207.12.6:
Policy 207.1.2
NO LIN.-
•
1 a ,itte„ w,etL,erlelogy f r eempletingthe HE!;
terrestr1e, and wildlifee eeelegy. fie
elude these
the extent the mviewer—s s alp
Policy 207.10.5
25 The deletions are because the IM will no longer be used to protect upland vegetation ( the changes to the HEI were completed in
1998) the Tiers will provide the needed protection
pccomp plan-Envir.Amend Page 18 of 20
Policy 207.12.6
mill
• .oir
•
• .
1 a written methedelegy fe,- a ..leting the HE!;
2. ry ements-€o,. rote,...-afi g data ,. the hist,Minns ofrare
,..a
endangered speciesand-efitie-al nest eeding aFeas-#ors; and
3. evaluatien e-r-iter-ia whie-h Will better- oiffeientihigh,�n a;,,w. and lew
pccomp plan-Envir.Amend Page 19 of 20
Section 19. Delete Objective 1201.13:26
PASSED AND ADOPTED By the Planning Commission of Monroe County, Florida at a
regular meeting held on the 16th day of November, 2004.
Chair Lynn Mapes
YES
Vice Chair Denise Werling
YES
Commissioner David C. Ritz
YES
Commissioner Julio Margalli
YES
Commissioner James Cameron
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
10
Signed this
Lynn Mapes, Chair
day of
, 2004.
26 The Natural Heritage and Park Program has been removed from the Comprehensive Plm
pccomp plan-Envir.Amend Page 20 of 20
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION
DEVELOPMENT REVIEW RESOLUTION NO. D-23-04
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE
RECOMMENDING APPROVAL TO THE MONROE COUNTY PLANNING COMMISSION
OF THE REQUEST BY THE MONROE COUNTY PLANNING DEPARTMENT TO DELETE
REQUIREMENTS FOR AN HEI, REVISE THE OPEN SPACE, LAND ACQUISITION,
MANAGEMENT AND GIS MAPPING REQUIREMENT TO IMPLEMENT GOAL 105 OF
THE 2010 COMPREHENSIVE PLAN AND THE TIER SYSTEM BY DELETING POLICIES
101.4.20, 102.9.5, 102.9.6, 103.2.2, 207.1.2, 207.10.5, 207.12.6 AND OBJECTIVE 1201.13.
REVISE POLICIES 101.4.22, 101.14.1, 102.1.1, 102.4.1, 102.4.2, 102.4.3, 102.4.4, 102.4.5,
102.4.6, 102.4.7, 102.7.3, 102.8.1, 102.8.5, 102.9.1, 102.9.2, 102.9.3, 102.9.4, 103.2.1, 205.1,
205.1.1, 205.1.2, 205.1.3, 205.1.4, 205.1.5, 205.1.6, 205.2.1, 205.2.2, 205.2.6, 205.2.7,
205.2.14, 205.5.1, 205.5.2, 207.1.2 Revise Objective 102.4, 102.9, 201.1, 205.2 and 205.5, OF
THE 2010 COMPREHENSIVE PLAN. REVISE DIVISION: ENVIRONMENTAL
REGULATIONS OF THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS
BY DELETING EXISTING SECTIONS 9.5-336, 9.5-337, 9.5-338, 9.5-339, 9.5-339.1, 9.5-
339.2, 9.5-339.3 9.5-340, 9.5-341, 9.5-342, 9.5-343, AND 9.5-347(C) HABITAT ANALYSIS
AND OPEN SPACE REQUIREMENTS AND CREATING NEW SECTIONS 9.5-336, 9.5-
337, 9.5-338, SECTION 347(C) AND SECTION 347(D) AND REVISING SECTION 347(B)
TO REQUIRE AN EXISTING CONDITIONS REPORT INCLUDING A VEGETATION
SURVEY, REQUIRE A GRANT OF CONSERVATION EASEMENT TO PROTECT OPEN
SPACE VEGETATION AND LIMITING THE CLEARING OF NATIVE UPLAND
VEGETATION DEPENDENT ON THE TIER SYSTEM DESIGNATION.
WHEREAS, the Monroe County Development Review Committee, during a regular meeting held on
September 9, 2004, conducted a review and consideration of the request filed by the Monroe County Planning
Department to delete policies and objectives that make up the requirements for an HEI, the open space
requirements, land acquisition & management and the requirements for GIS mapping to implement Goal 105 of
the 2010 Comprehensive Plan and the Tier System.
WHEREAS, 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.
WHEREAS, Tier Maps were developed following the criteria in Goal 105, utilizing computer mapping
(GIS), identifying areas appropriate for additional development and those, which are important environmentally
and should be preserved.
WHEREAS, The boundaries for the Tier Maps were drawn using environmental and development
information and digital data from the Florida Keys Carrying Capacity Study (FKCCS), the Planning Department
and the Property Appraisers Office and refined through site visits by the County Biologists and Planners.
WHEREAS, hammock size is a major determinate of habitat quality according to the FKCCS, therefore
size and connectivity are used in determining the boundary of the Tiers to identify the best and most important
terrestrial habitat areas for preservation.
WHEREAS, Tier I includes all contiguous hammock areas above four acres and restoration areas
between fragmented smaller hammock patches to increase the hammock size and buffers where possible.
Hammock size is a major determinate of habitat quality according to FKCCS, which is why size and
connectivity were used to identify the best and most important terrestrial habitat areas for preservation.
WHEREAS, Tier II contains smaller hammock patches isolated by surrounding development; the
quality is reduced because of the negative secondary impacts of development. These areas still contain a large
number of undeveloped lots.
WHEREAS, Tier III is appropriate for additional infill development because of the location and amount
of existing development in the areas designated.
WHEREAS, the Board of County Commissioners (BOCC), at a regular meeting on January 21, 2004,
directed Growth Management staff to prepare an ordinance deferring ROGO and NROGO allocation awards in
areas containing tropical hardwood hammock or pineland of two acres of greater within Tier I - Conservation
and Conservation and Natural Areas (CNA), while staff prepares draft text and map amendments and other
supporting studies in order to effectuate the provisions of Goal 105 of the 2010 Comprehensive Plan, and Rule
28-20.100 FAC.
WHEREAS, the current LDRS require properties designated on the 1986 Habitat Maps as hammock
and pineland to perform a Habitat Evaluation Index (HEI) to determine the amount of clearing permitted and
the negative points awarded in ROGO and NROGO. The HEI is a subject of continuous controversy, is accused
of being subjective and since based on 1986 maps, does not take into consideration re -vegetation over the last
twenty years.
WHEREAS, The proposed ordinance removes the requirement for performing an HEI from the Plan
and Code. Instead habitat quality and permitted clearing is based on the Tiers. Tier I receives "0" points for
TOGO and clearing is limited to 10%. Clearing of habitat in Tier II is limited to 40% and Tier III is limited to
60%.
WHEREAS, regulatory requirements in the proposed LDRS include an Existing Conditions Report, a
Conservation Easement on upland native vegetation and use of the 1986 Habitat Maps as a baseline to assure
unlawful clearing has not/does not occur.
WHEREAS, In addition to changes to implement the Tier system, the Comprehensive Plan
amendments also address the requirements for a Land Acquisition Master Plan.
BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, to
recommend APPROVAL to the Monroe County Planning Commission, of the amendments to the 2010
Comprehensive Plan to implement Goal 105 and the Tier Overlay System.
PASSED AND ADOPTED by the Development Review Committee of Monroe County, Florida, at a regular
meeting held on the 91h of September, 2004.
Aref Joulani, DRC Chair
YES
Jason King, Planner
YES
David Dacquisto
YES
Andrew Trivette, Biologist
YES
Ralph Gouldy, Senior Environmental Resources Planner
YES
Department of Public Works
YES
Department of Engineering
YES
Department of Health
YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY
BY
Aref Joulani, DRC Chair
Signed this 9th day of September, 2004.