Item R7BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 15, 2004 Division: Growth Management
Bulk Item: Yes No X
Department: Planning and Environmental Res.
AGENDA ITEM WORDING:
Public hearing to consider adopting an Ordinance amending the Monroe County Land Use District
Map to include a Tier Overlay Map District designation on all land in unincorporated Monroe County
in the Florida Keys between Key West and Ocean Reef and designating boundaries for Tier I, Tier II
and Tier III as required in Goal 105 of the 2010 Comprehensive Plan pursuant to the criteria in section
9.5-256.
11" of 2 required public hearings]
ITEM BACKGROUND: On January 21, 2004 and in Ordinance # 018-2004 the BOCC directed staff
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. Several
stakeholder forums and two community workshops were held and the Planning Commission reviewed
the staff draft at four public hearings, amended the draft and recommend approval. Adoption of this
ordinance will not occur until the DCA has completed its review of the proposed 2010Comprehensive
Plan amendments to be sent to that agency under the two Transmittal Resolutions.
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
COST TO COUNTY: N/A
BUDGETED: Yes N/A No
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH N/A Year
APPROVED BY: County Atty X OMB/Purchasing Risk Manj4gd�lnent
DIVISION DIRECTOR APPROVAL:
(Timothy J. M ry, Ary
DOCUMENTATION: Included X To Follow Not Required.
DISPOSITION: AGENDA ITEM #-P-7
PROPOSED AMENDMENT TO THE MONROE COUNTY
LAND USE DISTRICT MAP TO INCLUDE A TIER
OVERLAY MAP DISTRICT DESIGNATION
THE BOCC ORDINANCE
This ordinance will amend the Monroe County Land Use District Map to include a Tier Overlay
Map District designation on all land in unincorporated Monroe county in the Florida Keys
between Key West and Ocean Reef and designating boundaries for Tier I, Tier II and Tier III as
required in Goal 105 of the 2010 Comprehensive Plan pursuant to the criteria in section 9.5-256.
[1st of 2 required public hearings]
BOARD OF COUNTY COMMISSIONERS
MARATHON EOC ROOM
DECEMBER 15, 2004
ORDINANCE NO. -2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AN AMENDMENT TO THE MONROE
COUNTY LAND USE DISTRICT MAP TO INCLUDE A TIER OVERLAY
MAP DISTRICT DESIGNATION ON ALL LAND IN
UNINCORPORATED MONROE COUNTY IN THE FLORIDA KEYS
BETWEEN KEY WEST AND OCEAN REEF AND DESIGNATING
BOUNDARIES FOR TIER I, TIER II AND TIER III AS REQUIRED IN
GOAL 105 OF THE 2010 COMPREHENSIVE PLAN PURSUANT TO THE
CRITERIA IN SECTION 9.5-256; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; 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 amendment to provide for a Tier Overlay District Map designation on the Monroe
County Land Use District Map to implement Goal 105 of the 2010 Comprehensive Plan, Rule
28-20.100 F.A.C. and the Tier Overlay system; and
WHEREAS, the Monroe County Board of County Commissioners directed staff to
prepare text and map amendments in Ordinance No. 018-2004 adopted June 16, 2004, to include:
Tier Overlay District 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, the Tier Map designation was 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 tier boundaries for the Tier Overlay District Map 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
Goal 105 Tier map amend.Ord. corrected
Page 1 of 4
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; and
WHEREAS, 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
and, these areas contain a large number of undeveloped privately -owned 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, newly created Section 9.5-256, Tier Overlay District, Monroe County
Code, provides criteria for the designation of Tier Boundaries and provides a mechanism for Tier
overlay maps amendments; and
WHEREAS, the Tier Overlay District Map, when adopted, will become an overlay to the
Land Use District Map; and
WHEREAS, the proposed Tier Overlay District Map was reviewed by Dr. Ricardo
Calvo, who also was the project manager of the Florida Keys Carrying Capacity Study; and
WHEREAS, the Tier Overlay District Map is the basis of an elegant system for
protecting the valuable habitat of the Keys and preventing sprawl, which is referred to as the
"Tier System"; and
WHEREAS, ROGO and NROGO have been completely redrafted utilizing the Tier
System; and
WHEREAS, the County Land Acquisition and Management Master Plan will be based
on the Tier System; and
WHEREAS, the Planning Commission, after hearing public comments and staff input at
four public hearings, recommended approval of the Tier Overlay District Map as an overlay to
the Land Use District Map to the Board of County Commissioners on November 3, 2004; and
WHEREAS, the Planning and Environmental Resources Department has made changes
to the proposed draft map based on reevaluation of specific areas based on requests by
community members and land owners; and
Goal 105 Tier map amend.Ord. corrected
Page 2 of 4
WHEREAS, the Board of County Commissioners has reviewed the proposed
designation of the Tier Overlay District Map as an amendment to the Land Use District Map, as
recommended by the Planning Commission and the Planning and Environmental Resources
Department and finds they are consistent with the designation criteria pursuant to Section 9.5-
256, Monroe County Code, and are consistent with and further the goals, objectives, and policies
of the Year 2010 Comprehensive Plan, particularly Goal 105 and its associated objectives and
policies;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Pursuant to Goal 105, Year 2010 Comprehensive Plan and the designation criteria of
Section 9.5-256, Monroe County Code, Tier I, II, and III areas are designated, the boundaries of
which are described in the Tier Overlay District Map, attached hereto as Exhibit I, and made part
of this ordinance.
Section 2. 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 3. 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 4. 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 5. 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.
Section 6. 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.
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.]
Goal 105 Tier map amend.Ord. corrected
Page 3 of 4
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
:•
Mayor/Chairperson
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
LMONROE COUNTY ATTORNEY
APPR NE0 A TO FORM
Deputy Clerk
Goal 105 Tier map amend.Ord. corrected
Page 4 of 4
EXHIBIT I
TIER OVERLAY DISTRICT MAP
NUMBERS 1 THROUGH 15
r%"
NC
i
L
A*
i.
)qwi
0
' V
o
0
c
0
J cc
c _ _ Cc
H H H r 5
H
lI
�i
'I
4.,UW*
s
0
q
\
&
)
6
-
2
d d d)( 2
U l l |
�
2
q
\ �!`
|;! <
_
« a |!I N
U /
'E
!(
� ;}!•;
q_
Ali
� O
�
N
0
�
R �
�
o
U
@
LO
E
■ I
�
S !
0
q
40
40
M 1
LO
cM
az.
i
C
a
ia
q «+ rk
J
16
co
g -
0 ^
l
10
�$c
N
� N
I
O
O
�jc1
I�
� O
Q O
cMo
U
N N
O ~
.
0
Monroe County Tier Overlay District Map
Map 12: Mile Marker 91 to 94
11k.d
0 0.25 0.5
Miles
Tier Designation
- Tier I
Tier II
- Tier III
_ Military Land
US 1
Mile Marker
Ifii. my u t l�The
v ('arch (irowN Noilh Uiv�siun
P kl dmAwac d— .] vI ,h Lvr f my
nM acaurleh ��Ipn ..pwsln, mWariftof ways,
oriA nlicaioo Vef—.
ITrp;vn111y_ Kk It,, II, Ix!114
Ja:`
It,
STAFF REPORT
BOARD OF COUNTY COMMISSIONERS
MARATHON EOC ROOM
DECEMBER 15, 2004
Monroe County Department of Planning and Environmental Resources
2798 Overseas Highway Marathon Florida 33050
305-289-2500 1 Me
conaway-marleneaa,monroecouny-fl.gov
311
November 28, 2004
TO: Monroe County Board of County Commissioners
FROM: K. Marlene Conaway, Director
RE: Tier Overlay Map amendment to the Land Use District Map) 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 and finally two evening community workshops, one in
Key Largo and one in Sugarloaf, were held in October.
Tier Overlay May
Overview
The Tier Overlay Maps will become a zoning overlay when adopted.
Changes to the maps will follow the procedures in Sec. 9.5-511 of the LDRS. The
proposed maps were drafted following the criteria in the Goal 105 and amended Section
Page 1 of 2
Monroe County Department of Planning and Environmental Resources
2798 Overseas Highway Marathon Florida 33050
305-289-2500 conaway-marlene(amonroecouny-fl.gov
9.5-256 Tier Overlay District; changes have been made after additional review by staff at
the request of property owners
The Tier maps were reviewed by Ricardo Calvo, our consultant, who also was the project
manager of the FKCCS. The overlay Tier maps is the basis of an elegant system for
protecting the valuable habitat of the Keys and preventing sprawl.
Issue
Adoption of Tier Overlay Maps: Tier I, the Conservation and Natural Areas, contain
staff recommended changes from the maps adopted by the BOCC in June 2004, these
changes will be brought to you officially after review by the Special Master, as required
in the Interim Development Ordinance. Adoption of the Tier Maps should not occur until
that procedure is complete.
Page 2 of 2
PLANNING COMMISSION
RESOLUTION
BOARD OF COUNTY MARATHON- EO COMMISSIONERS
DECEMBER 15 C ROOM
, 2004
PLANNING COMMISSION RESOLUTION NO. P59-04
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 AN AMENDMENT TO THE
MONROE COUNTY LAND USE DISTRICT MAP TO INCLUDE A TIER
OVERLAY MAP DISTRICT DESIGNATION ON ALL LAND IN
UNINCORPORATED MONROE COUNTY IN THE FLORIDA KEYS
BETWEEN KEY WEST AND OCEAN REEF AND DESIGNATING
BOUNDARIES FOR TIER I, TIER II AND TIER III AS REQUIRED IN GOAL
105 OF THE 2010 COMPREHENSIVE PLAN PURSUANT TO THE
CRITERIA IN SECTION 9.5-2.
WHEREAS, the Monroe County Planning Commissioner, during a public hearings held
November 16, 2004, reviewed and considered the proposed amendment to provide for a Tier
Overlay District Map designation on the Monroe County Land Use District Map to implement
Goal 105 of the 2010 Comprehensive Plan, Rule 28-20.100 F.A.C. and the Tier Overlay system;
and
WHEREAS, the Monroe County Board of County Commissioners directed staff to
prepare text and map amendments in Ordinance No. 018-2004 adopted June 16, 2004, to include:
Tier Overlay District 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, the Tier Map designation was 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 tier boundaries for the Tier Overlay District Map 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
P59-04 Goal 105 Tier map amend.PC Resolution. corrected
Pagel of 3
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; and
WHEREAS, 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
and, these areas contain a large number of undeveloped privately -owned 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, newly created Section 9.5-256, Tier Overlay District, Monroe County
Code, provides criteria for the designation of Tier Boundaries and provides a mechanism for Tier
overlay maps amendments; and
WHEREAS, the Tier Overlay District Map, when adopted, will become an overlay to the
Land Use District Map; and
WHEREAS, the proposed Tier Overlay District Map was reviewed by Dr. Ricardo
Calvo, who also was the project manager of the Florida Keys Carrying Capacity Study; and
WHEREAS, the Tier Overlay District Map is the basis of an elegant system for
protecting the valuable habitat of the Keys and preventing sprawl, which is referred to as the
"Tier System"; and
WHEREAS, ROGO and NROGO have been completely redrafted utilizing the Tier
System; and
WHEREAS, the County Land Acquisition and Management Master Plan will be based
on the Tier System; and
WHEREAS, the Planning and Environmental Resources Department has made changes
to the proposed draft map based on reevaluation of specific areas based on requests by
community members and land owners; and
WHEREAS, the Planning Commission, after hearing public comments and staff input at
four public hearings, finds the maps are consistent with the designation criteria pursuant to
Section 9.5-256, Monroe County Code, and are consistent with and further the goals, objectives,
and policies of the Year 2010 Comprehensive Plan, particularly Goal 105 and its associated
objectives and policies;
P59-04 Goal 105 Tier map amend.PC Resolution. corrected
Page 2 of 3
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 tier map amendment to the Monroe County Land Use District
Map.
PASSED AND ADOPTED By the Planning Commission of Monroe County, Florida at
a regular meeting held on the 16`" 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
I2
Lynn Mapes, Chair
Signed this day of
P59-04 Goal 105 Tier map amend.PC Resolution. corrected
Page 3 of 3
, 2004.
DRC RESOLUTION NO. D27-04
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW
COMMITTEE RECOMMENDING APPROVAL TO THE PLANNING COMMISSION
OF THE REQUEST BY THE MONROE COUNTY PLANNING DEPARTMENT TO
AMEND THE LAND USE DISTRICT MAPS TO INCLUDE THE TIER OVERLAY
DISTRICT ON ALL LAND IN UNINCORPORATED MONROE COUNTY IN THE
FLORIDA KEYS BETWEEN KEY WEST AND OCEAN REEF. BOUNDARIES FOR
TIER I, TIER II AND TIER III ARE DESIGNATED AS REQUIRED IN GOAL 105
OF THE 2010 COMPREHENSIVE PLAN FOLLOWING THE CRITERIA IN
SECTION 9.5-256.
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 proposing amendments to the Monroe County Land Development Regulations to implement Goal
105 of the 2010 Comprehensive Plan and the Tier Overlay 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, adding new section 9.5-256, Tier Overlay District provides criteria for the designation of
Tier Boundaries and provides a mechanism for Tier overlay maps amendments;
WHEREAS, the Tier Maps, when adopted, will become an overlay to the Land Use District Map;
WHEREAS, the Tier maps were reviewed by Ricardo Calvo, our consultant, who also was the project
manager of the Florida Keys Carrying Capacity Study. The Overlay Tier Maps are the basis of an elegant
system for protecting the valuable habitat of the Keys and preventing sprawl;
WHEREAS, ROGO has been completely redrafted utilizing the Tier System as it's basis;
WHEREAS, the County Land Acquisition Master Plan will be based on the tier designation;
BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY,
FLORIDA, to recommend APPROVAL to the Monroe County Planning Commission, of the Tier Overlay
Map Amendment to the Monroe County LAND USE DISTRICT MAP.
PASSED AND ADOPTED by the Development Review Committee of Monroe County, Florida, at a regular
meeting held on the 9"' of September, 2004.
Aref Joulani, DRC Chair
Jason King, Planner
David Dacquisto
YES
YES
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
I:•
Aref Joulani, DRC Chair
Signed this 9th day of September, 2004.