Item Q3a
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 16,2005
Division: Growth Management
Bulk Item: Yes
No X
Department: Planning
Staff Contact Person: Marlene Conaway
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.
[l'tof2 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. 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. This is a continuation of the Hearing held on
January 19,2005.
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
TOT AL COST:
N/A
BUDGETED: Yes N/ A
No
COST TO COUNTY: N/A
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes N/ A No
AMOUNTPERMONTH N/A Year
APPROVED BY: County Atty ~ OMB/Purchasing
Risk Management
- -
DIVISION DIRECTOR APPROVAL:
Not Required_
DOCUMENTATION:
Included X
DISPOSITION:
AGENDA ITEM #
County of Monroe
Growth Management Division
2798 Overseas Highway
Suite 410
Marathon, Florida 33050
Voice: 305.289.2500
FAX: 305.289.2536
Board of County Commissioners
Mayor Dixie Spehar, District 1
Mayor Pro Tem Charles "Sonny" McCoy, District 3
George Neugent, District 2
David Rice, District 4
Murray E. Nelson, District 5
MEMORANDUM
TO:
Board of County Commissioners
FROM:
Timothy 1. McGarry, AICP
Director of Growth Management
DATE:
January 31, 2005
RE:
Public Hearings on Proposed Amendments to
Comprehensive Plan and Land Development Regulations
to Implement Goal 105 - Tier System
Introduction
At its February 16,2005, regularly scheduled meeting, the BOCC will conduct two separate public
hearings continued from January 19, 2005, on proposed amendments to the Comprehensive Plan
and Land Development Regulations. As done at the previous hearings, the first public hearing
will consider ordinances adopting text amendments to the Comprehensive Plan and Land
Development Regulations followed by a public hearing on the ordinance adopting the draft Tier
Overlay District Map.
Purpose
This memorandum is intended to facilitate the Board's consideration of the complex, set of
comprehensive plan amendments and enable the Board to direct the staff to make any further
revisions that are needed. Once the public comment period is over and prior to any Commission
discussion on the first set of ordinances, the staff requests that staffbe permitted the opportunity to
discuss the issues or recommendations identified this memorandum and receive appropriate
direction from the BOCC. Specific BOCC action or direction on each issue or recommendation is
shown in bold
Page 1 of 5
Issues and Recommendations for Further Consideration
Issues and staff recommendations regarding further revisions to the draft amendments and Overlay
Tier District Map warranting some further consideration by the Board are organized into the
following three sections:
o Minor editorial revisions identified by staff to correct typographical mistakes or
omissions in the proposed text or the Overlay District Map;
o Issues identified and/or recommended by staff for further consideration contained in
the Planning Director's memorandum dated December 1, 2004; and
o Changes recommended by staff in response to public input at the December 15
public hearing.
Minor Editorial Revisions
In further review of the draft ordinances, the staff has identified two needed changes, which will
be incorporated into the final draft ordinances:
1. ROGO Ordinance, Section 9.5-122. 1 (g)(2). "Section 9.5-122(c)" is incorrectly
referenced in this subparagraph; the reference should be changed to "Section 9.5-
122 (b)".
2. Tier System Overlay District Ordinance. The ordinance needs to specify that
Ocean Reef is excluded from a tier designation; Section 9.5-256 (a) should be
amended to read as follows (new language underlined):
"(a) Purpose: The purpose of this Tier Overlay District is to designate
geographical areas outside of mainland Monroe County, excluding the Ocean Reef
development into one of three tiers to assign ROGO and NROGO points,
determine the amount of clearing of upland native vegetation that may be permitted,
and prioritize lands for public acquisition. The Tier boundaries are to be depicted
on the Tier Overlay District Map.
3. Tier Overlay District Map. The Tier Overlay District Map does not show the
northern portions of Key Largo including Ocean Reef; the Tier Overlay District
Map needs to revised to include Map #16 that includes this missing portion of
Monroe County. The area depicted on Map #16 is all designated as Tier I except
for the Ocean Reef, which is depicted with no tier designation.
[BOCC approval of three minor revisions above requested.]
Issues Identified bv Staff for Further Consideration
Page 2 of 5
In her December memorandum, the Planning Director identified several issues related to the
proposed amendments warranting further consideration by the BOCC, including a request for the
Board to decide whether or not it wishes to consider the proposed "Lottery" option for ROGO. No
direction was given to staff on any of these issues at the December public hearing.
1. Limitations on Number of Quarterly Administrative Relief Awards. The proposed
amendments eliminate perseverance points for all new applications entering the
ROGO system. Therefore, at the end of four years, applicants will be expecting to
either receive a permit or an offer to purchase their lot depending upon the Tier
designation and environmental quality of the lot in question.
The staff is concerned that in the future that the number of applications eligible to
receive a permit under Administrative Relief may greatly reduce the number of
allocations available in the system, which in turn may adversely affect the County's
legal exposure under takings claims. To address this potential problem, the staff
recommends amending the draft ROGO Land Development Regulations ordinance
to limit the number of administrative relief allocations that can be awarded in any
quarter to no more than 50% of the quarterly allocation; and, amending the draft
ROGO Comprehensive Plan and Land Development Regulations ordinances to
require that the "preferred relief" option for any lot scoring less than 30 points,
outside Big Pine Key and No Name Key, and less than 20 points on Big Pine Key
and No Name Key, will be an offer to purchase. [BOCC direction requested.]
2. Payment into a Land Acquisition Fund for Points. A purchase of points option was
considered and not recommended by the Planning Commission. Under this
proposed option, up to three points could be purchased for a fee approximately
equal to the cost per point of purchasing and dedicating a ROGO lot. The Planning
Commission was concerned that by changing the system there would be less
conservation lots purchased; however, the staff believes that this issue can be
mitigated by requiring the funds only be used for acquisition of conservation lands.
Furthermore, this alternative may help to dampen the rising costs of lots eligible
for dedication under ROGO. The staff recommends amending the draft ROGO
Comprehensive Plan and Land Development Regulations ordinances to provide the
opportunity for up to three points to be awarded under ROGO with monetary
payment to the County's land acquisition fund for the purchase of lands for
conservation; and to annually establish the monetary value of each point based
upon the average ad valorem valuation of all vacant privately-owned IS/URM
zoned platted lots on the current Monroe County Real Property Tax Roll. [BOCC
direction requested.]
3. Hybrid rLottery 1 ROGO System. An alternative ROGO system, which proposes
that the market rate housing share be allocated through both a competitive system
and a lottery system, was reviewed and not recommended by the Planning
Commission. The predominate majority of public testimony received at the PC
public hearings was not supportive of the proposal. Although the staff has made no
Page 3 of 5
recommendation on the proposal, it is included in the BOCC workbook to provide
an opportunity for the Board's consideration should it so desire.
Under this proposal, approximately 20% of the market rate housing would be
available through the lottery and the remainder available for those applicants who
wish to have the assurance gained from the competitive system. The applicant
determines if he wants to compete or enter the lottery. A threshold of 30 points is
required to be eligible to enter the lottery. This duel system would provide a means
for those who cannot afford to purchase lots to donate for points to have a chance of
receiving an allocation. After four years applicants that have not received an
allocation can apply for Administrative Relief. The staff recommends that the
BOCC make a decision on whether on not it is interested in this approach so that
the staff can prepare the necessary amendments to the draft ROGO Comprehensive
Plan and Land Development Regulations ordinances for consideration by the
BOCC at the February public hearing. [BOCC direction requested.]
Recommended Chan2es In Response to Public Input
Based on its review of the public written and oral comments from the initial public hearing in
December, the staff is making four additional recommendations for changes that warrant
consideration by the BOCC.
1. Existing Conditions Report. The Existing Conditions Report required by Section
9.5-336 (see draft Environmental Standards ordinance) should include animals
observed on site. The staff believes that this requirement would be beneficial and
recommends amending Section 9.5-336 to require that animal species observed on
site be identified in the report. [BOCC direction requested.]
2. Frequency of Amendments to Tier Overlay District Map. The proposed language
of Section 9.5-256 (see draft Tier Overlay District ordinance) does not place any
limits on the number of times during the year amendments to the Tier Overlay
District Map may be considered. The staff believes this suggestion on limiting the
number of times per year amendments may be considered would reduce the work
load on staff and ensure a more comprehensive, rather than piecemeal review of
each request. The staff recommends that the draft ordinance be amended to limit
consideration of Tier Overlay District Map amendments to one time per calendar
year. [BOCC direction requested.]
3. ROGO Points for Tier II Properties. Concern was raised that the difference in
points between Tier II and Tier III is out of proportion to the differences in the two
designations of property and would significantly increase costs to develop Tier II
lots. Although, Tier II lots are not preferred for development, the staff believes a 5
point differential would be sufficient and made that recommendation to the
Planning Commission. The staff recommends amending the draft ROGO
Comprehensive Plan and Land Development Regulations ordinances to increase
the proposed points for Tier II designated properties (outside of Big Pine Key and
Page 4 of 5
No Name Key) from 20 to 25 points. [BOCC direction requested.]
4. Borrowing Future Allocations for Affordable Housing. A suggestion was made to
allow borrowing up to 10 years worth of future affordable housing allocations and
to make these allocations available all at once. The proposed regulations allow
borrowing up to 20 percent of the future quarterly allocations for multi-unit projects
with a limit of five years. The staff believes that the suggestion is too broad in
terms of the length of the borrowing period, but the concept has some merit in that
it would allow the County to provide a pool of ready affordable housing allocations.
Therefore, the staff recommends amending the draft ROGO Land Development
Regulations to explicitly allow the BOCC upon recommendation of the Planning
Commission to borrow and make available up to five years worth of affordable
housing allocations at a time. [BOCC direction requested.]
5. Other Recommendations (?) [BOCC direction requested as appropriate.]
Page 5 of 5
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 2010
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 ofthe 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-ll.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.
10f2
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
BY:
Mayor/Chairperson
(Seal)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
2of2
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.
t 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, 205.1.4, 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; 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
10eation 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
F AC; 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 (HE!) 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 HE! 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 nnd intensltles 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
current Land Development Regulations, Division 8, hereby incorporated by
reference. In the case of upland hardv,'ood and pineland forests the open space is
determined by the results of the habitat analysis (see Conservation and Coastal
Management, Objective 205.2 and related policies). 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
Tier I
Tier II
Tier III
Permitted Clearing
10%
40%
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 including, but not limited to, negative points
in the Permit ,^..llocation and Point System (see Policy 101.5.4). [9J-5.006(3)(c)l]
Section 4.
Amend Policy 102.1.1 as follows:
Policy 102.1.1
Upon adoption of the Comprehensive Plan, The County shall utilize the
Environmental Standards, found in Section 9.5 336 through 9.5 342 of the Land
De'/elopment Regulations (hereby incorporated by reference) to protect
submerged lands and wetlands. Accordingly, 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
Upon adoption of the Comprehensive Plan the County shall W..her protect its
'Netlands by requiring a one hundred (100) percent open space requirement for
undisturbed salt marsh and buttonwood .wetlands and by requiring A 50 foot
buffer shall be required around fresh\vater resources.
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) I 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 employee housing and
recreational purposes. By January 4, 1998, Monroe County shall establish the
Monroe County Natural Heritage and Park Program. The purpose of this plan
shall be to acquire lands and open space in the public interest for conservation and
recreation purposes. [9J-5.006(3)(b)4, 10 and9J-5.010(2)(c)3]
Policy 102.4.1
The Monroe County Land Acquisition Master Plan Natural Heritage and Park
Program shall 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. '.'lith the Parks and Reoreation 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 containing naturally occurring and native habitats;
2. lands containing habitat critical to, or proyiding significant protection for,
species designated as threatened or endangered by the U.S. Fish and
Wildlife Service and/or State ofPlorida;
L 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~
~~. 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;
~li. lands which can be used, without adverse impacts on natural resources, for
community and neighborhood parks andlor 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-EnviLAmend Page 5 of20
Policy 102.4.3
The Land Authority and Growth Management Division shall develop a priority
list of Natural Heritage 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 consider fresh'.vater lenses and recharge areas,
especially those \vhich o~lerlap the habitats of endangered or threatened wildlife
species, as a high priority. [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. de'.'eloped annually which identifies potential sources of
funding for acquisition of lands on the Priority List. Funding sources \vhich shall
be considered include the following: 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 L 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.
1. Florida Recreation Development Assistance Program;
2. Preservation 2000 Trust Fund
3. Conservation and Recreation Lands (CARL) Program;
4. Land and "later Conservation Fund;
5. Urban Parks and Recreation Recovery (up.'\.RR) .^...ction Grants;
6. local funds made available from fair share community park impact fees
(paid pursuant to the Monroe County Land Development Regulations);
aOO
7. Local funds as may be made available through special appropriation by
the Monroe County Board of County Commissioners. [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 Grovrth Management Division shall, in coordination with the Grants
Manager, make applications to funding sources as identified in the ar.nual
acquisition financing plan. [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 10cation 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
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 purposes for which the lands were acquired. (See
bocccp- Envir.Amend
Page 7 of20
Recreation and Open Space Objective 1201.11 and related policies.) [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 Permit }..llocation and Point 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 methods including, but not limited
to, negative points in the Permit Allocution and Point System (see Policy 101.5.4).
(See Objectives 101.2, 101.3, and 101.5 and related polices) [9J-5.006(3)(c)6]
Section 10. Amend Policy 102.8.5 as follows:
Policy 102.8.5
Upon adoption of the Comprehensive Plan, 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 US. 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
4.
Monroe County regulations regarding development in CBRS units,
including the Permit .^...l1ocation System regulations, which commits
negati','e points for development in CBRS units. (See Policy 101.5.4.)
[9J-5.006(3)(c )6]
boeeep- Envir.Amend
Page 8 of 20
Section 11. Amend Objective 102.9 as follow:
Objective 102.9
By January 4, 1998, Monroe County shall complete and implement a cooperative land
management program for private and county publicly owned lands acquired through
implementation of the Monroe County Land Acquisition Master Plan (Objective 102.2),
Goal 105 and the FKCCS. located within and adjacent to parks and conservation lands
',yhich are ovmed by the state and federal governments in the Florida Keys. [9J
5.006(3 )(b)4]
Policy 102.9.1
Monroe County shall discourage developments which are proposed in Tier I
through the permit allocation system and the environmental regulations, '.vithin
Conservation Land Protection l\reas (as defined in Policy 102.9.3 below) by
methods including, but not limited to, negati'/e points into the Permit "^..llocation
and Point System (see Policy 101.5.7). (See Objectives 101.2, 101.3 ood 101.5
and related policies.) [9J-5.006(3)(c)6]
Policy 102.9.2
Upon adoption of the Comprehensive Plan, Monroe County, in cooperation with
appropriate state and/or federal agencies, shall initiate Conservation Land
Protection Area 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. conservation lands in Monroe
County. The purpose of these plar.ning efforts will be to identify current and
future land use activities which are causing, or have the potential for causing,
adverse impacts on sensiti'.'e natural features and natural resources within state
and federal conservation lands. Land use activities of concern shall include both
public and private actions. Monroe County shall complete Conservation Land
Protection .\rea plans for each of the conservation lands in Monroe County by
January 4, 1998. [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 adjoining lands. Upon adoption of the Comprehensive Plan, Monroe County,
in cooperation with appropriate state and/or federal agencies, shall initiate efforts
to identify a Conservation Land Protection Area for each conservation area O'.'med
by the state and federal governments in the Florida Keys.
These Conservation Land Protection Areas shall include:
bocccp- Envir.Amend
Page 9 of 20
1. private lands located within existing park and conservation land
boundaries; and
2. private londs and county oVllled lands within a designated buffer adjacent
to each conservation land.
Buffer areas shall be designated on an individual case basis and shall reflect the
resource protection concerns and land o\vnership patterns specific to a particular
conservation land.
Conservation lands for which a Conservation Land Protection ,,'\rea shall be
designated include the following:
1. Fort Jefferson National Monument
2. National Key Deer Refuge
3. Great \Vhite Heron National Wildlife Refuge
4. Key West National 'Hildlife Refuge
5. Crocodile Lake National \Vildlife Refuge
6. John Pennckump Coml Reef State Park
7. Long Key State Recreation ,,'\rea
8. Bahia Honda State Park
9. Key Largo Hammock State Botanical Site
10. Lignumyitae Key State Botanical Site
11. 'Hindley Key State Geological Site
12. Indian Key State Historic Site
13. Lignumvitae Key State }..quatic Preserve
14. Biscayne Bay Card Sound State }..quatic Preserve
15. San Pedro Archaeologic }...quatic Preserve
16. Coupon Bight State l...quatic Preserve
17. North Key Largo Hammock C'\RL Project
18. North Layton Hammock CARL Project
19. Curry Hammock State Park
20. Coupon Bight/Key Deer C"A..RL Project
21. Cov/pen's Rookery Preserve
22. Save Our Riyers Big Pine Key Project
23. Fort Taylor State Historic Site
24. Shell Key Aquatic Preserve
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]]
By January 4, 1998, Monroe County, in cooperation v/ith appropriate state and/or
federal agencies, shall develop a management plan for each Conservation Land
Protection ,,'\rea. These plans shall identify actions to be taken by Monroe County
bocccp- Envir.Amend
Page 10 of20
within the Conservation Land Protection /\rea in support of the purpose for which
each conservation land was acquired. These actions shall include:
1. land management actions for pri'/ate lands and county owned lands,
particularly as they relate to:
a) critical species protection;
b) invusive plant removal;
c) restoration of disturbed '.vetland and upland habitat;
d) pesticide applications;
e) prescribed burning; and
f) activities which haye potential adverse impacts on nearshore water
quality.
2. recommendations regarding permitting of shoreline structures, dredging
and filling and substrate alteration;
3. actions to maintain and/or improve public access to state and federal
conservation lands;
4. strategies for \vorking cooperatively 'Nith privute landowners in support of
conservation; and
5. future intergovernmental coordination with state and/or federal agencies
controlling and/or managing the conservation land. [9J 5.006(3)(c)6]
Section 12. Delete Policy 102.9.5 and 102.9.6
Policy 102.9.5
Managemont plans shall be reviewed every three years, in cooperation with the
appropriate state and/or federal agencies. Revisions to each Conservation Land
Protection Area and management plan shall be made as necessary to reflect recent
land acquisitions and changing management priorities. [91 5.006(3)(c)6]]
Policy 102.9.6
'Nithin eighteen months following acquisition of additional conservation lands by
the state and federal governments, the County shall, in cooperation \vith
appropriate state and/or federal agencies, designate a Conservation Lands
Protection }Jea for the ne'.vly acquired property and complete a management
pIan. (These actions shall be required only for acquisitions which are not
expansions of existing conservation lands.) [9J 5.006(3)(c)6]
Section 13. Amend Policy103.2.1 and Delete PolicyI03.2.2:
Policy 103.2.1
Upon adoption of the Comprehensive Plan, Monroe County shall implement
methods including, but not limited to, designating known habitat of the Schaus's
swallowtail butterfly as Tier L the Permit .^Jlocation and Point System in order to
bocccp-Envir.Amend
Page 11 of20
discourage developments proposed within hummocks (identified pursuant to
Conservation and Coastal Management Policy 207.10.1) used by Schaus'
s\vallo\vtail butterfly and the lands in the North Key Largo Hammocks CARL
Project State Acquisition Area in the permit allocation and point system. (See
Policy 101.5.4.) [9J-5.012(3)(c)1; 9J-5.013(2)(c)5 and 6]
Pelicy 103.2.2
Upon adoption of the Comprehensive Plan, the existing Habitat Evaluation Index
(HEI), found in Sections 9.5 336 through 9.5 342 of the Land Development
Regulations (Monroe County BOCC, 1990), and which is adopted by reference in
this Comprehensive Plan, shall be revised to gi';6 greater consideration to the
habitat of species of special status, including the American crocodile, the Key
Largo wood rat, the Key Largo cotton mouse, and the Schaus' swallowtail
butterfly...TheHEI shall be revised to include, at a minimum, the following:
1. a 'Nritten methodology for completing the HEI;
2. requirements for integrating data regarding the historic sightings of rare
and endangered species and critical nesting/feeding areas for birds; and
3. evaluation criteria which will better differentiate high, medium and low
quality habitat
Before adoption, the revisions shall undergo scientific peer review by experts in
terrestrial and wildlife ecology. To the extent possible, the revie'.vers shall
include those individuals who participated in development of the existing HEI
ethodology. (8ee Policy 205.2.1.) [9J 5.013(2)(0)3]
Section 14. Amend Policy 204.2.1 as follows:
Upon adoption of the Comprehensive Plan, the Connt)' shall utilize the
Environmental Standards found in Section 9.5 336 through 9.5 342 of the Land
Development Regulations (hereby incorporated by reference) To protect
submerged lands and wetlands. Accordingly 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 of20
ponds, freshwater ponds and mangroves shall not be assigned any density or
intensity. (9J-5.0l2(3)(c)1 and 2; 9J-5.013(2)(c)6)
Section 15. Amend Objective 205.1 as follows:
Objective 205.1
By January 4, 1998, 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), FMRL habitat maps and field
evaluation to which will provide more current and more refined datu on upland
vegetation in the Florida 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)1; 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 u consistent methodology and criteria for 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 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.
3. Criteria for designating lands as Tier III:
· Isolated upland habitat fragments ofless than half an acre
· Substantially developed subdivisions near established commercial areas.
bocccp- Envir .Amend
Page 13 of20
· Primarily IS and URM lots.
· Developed non-residential and mixed used areas.
Policy 205.1.2
The County shall complete ground-truthing ef 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 Florida
Natural :\reas Inventory. [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-
5.0 13(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 plotted on the GIS at a scale of
I inch equals 200 feet. [9J 5.013(2)(c)9]
Policy 205.1.5
Land management activities, land acquired Habitat evaluation 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 EP A,
ACOE, DER, DNR, FDEP. FDCA. SFWMD, FGFWFC, and nongovernmental
environmental groups the National A.udubon Society (Research Department). [9J-
5.013(2)( c )9]
Section 16. Amend Objective 205.2 as follows:
Obiective 205.2
To implement Goal 105 of this Plan and the recommendations in the Florida Keys
Carrying 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)I; 9J-5.013(2)(b)3]
bocccp- Envir.Amend
Page 14 of 20
Policy 205.2.1
Momoe County shall designate the boundaries in the zoning overlay tier system
based on the criteria in 205.1.
Upon adoption of the Comprehensive Plan, the County shall utilize the Habitat
Evaluation Index (HEI), found in Section 9.5 336 through 9.5 342 of the Land
Development Regulations, hereby incorporated by reference, to evaluate and
protect sensitive habitats of the Florida Keys.
Upon adoption of the Comprehensive Plan, Momoe County shall complete
revisions to the HEr 'vYhich shall include, at a minimum, the following:
1. a written methodology for completing the HEI;
2. requirements for integrating data regarding the historic sightings of rare and
endangered species and critical nesting/feeding areas for birds; and
3. evaluation criteria which '.'fill better differentiate high, medium and low
quality habitat.
Before adoption, the revisions shall undergo scientific peer re'.'ie'.v by experts in
terrestrial and wildlife ecology. To the extent possible, the reviewers shall
include those individuals who participated in development of the existing HEI
methodology. The comprehensive plan shall be amended to include the HEI
reViSIOn.
Policy 205.2.2
Upon adoption of the Comprehensive Plan, Momoe County shall implement the
Permit Allocation and Point System. Momoe County shall discourage assign a
negative point rating to developments in Tier I which disturb to protect areas of
native upland vegetation. Sites having high quality native upland 'Iegetation shall
receive a greater negative point rating than sites having medium and lovi quality
native upland vegetation. Habitat value shall be determined through application
of measures as specified in the REI. (See Policy 101.5.4). [9J-5.012(3)(c)1, 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. 'Nhich exhibit functional integrity and viability shall meet or
exceed their existing percentages ,as follows: 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
Tier I
Tier II
Permitted Clearing
10%
40%
bocccp-Envir.Amend
Page 15 of20
Tier III
60%
1. high hummock
high quality
moderate quality
low quality
disturbed
0.80
0.60
0.40
0.40
2. 10'.'1" hammock
high quality
moderate quality
low quality
disturbed
0.80
0.60
OAO
0.40
3. palm hammock
0.90
4. cactus hammock
0.90
5. pinelands
high quality
10':1 qRality
disturbed
0.80
0.60
0.60
6. scarified
0.20
The definition for open space shall be that currently contained in Section 9.5 4(0
3) of the P.8. 380.05 compliant Land DeT/elopment Regulations, hereby
incorporated by reference.
Policy 205.2.7
Clearing of native vegetation shall be limited to the percentage allowed in Policy
205.2.6. and shall be called the immediate development 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 areas. [9J-5.013(2)(c)3]
Policy 205.2.12
Monroe County shall apply all environmental regulations including use as a
baseline to detennine the clearing that may be permitted on a site according to the
use the legal conditions of land existing as of February 28, 1986 and as depicted
on the "December 1985 Habitat Classification Aerial Photographs, 11 hereby
bocccp.Envir . Amend
Page 16 of20
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 photography and
existing site analysis to determine any increases in the amount of upland native
vegetated areas. include a disclaimer statement to ad':ise tho public that the maps
are generalized and that habitat designations are subj ect to verification through
field inspections.
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 undisturbed native upland habitat to implement Goal 105 and the
recommendations in the FKCCS. (See Future Land Use Objective 102.4 and related
policies). [9J-5.0 12(3)(b )4; 9J-5.0 13(2)( c )6]
Policy 205.5.1
The Monroe County Department of Enyironmental Resources 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 part of to implement the Monroe County Land Acquisition Master
Plan (Objective 102.4) Natural Heritage and Park Program. [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:QNR, FDEP, FDCA, USFWS. SFWMD.
FWC the National }...udubon Society Research Department, The Nature
Conservancy, and others as appropriate. Priority native upland vegetation
acquisition sites shall include those ',vhich:
1. are detormined to be high quality habitat and are designated in the Tier I
overlay districtJthrough the HBI);
2. include plant species of special status endemic species;
3. are documented habitat for '.vildlife species of special status;
bocccp- Envir.Amend
Page 17 of20
4. are may be located within Impro'led Subdivisions; and/or
5. are documented as significant coastal upland natural communities by the
Florida Natural Areas Inventory. [9J 5.012(3)(c)2; 9J 5.013(2)(c)6]
Section 18. Delete Policy 207.1.2, Policy 207.10.5 and 207.12.6:
Poliey 207.1.2
Upon adoption of the Comprehensive Plan, the existing Habitat Evaluation Index
(HEI), found in Sections 9.5 336 through 9.5 342 of the Land Development
Regulations (Momo€' County ROCC, 1990), and '.vhich is adopted by reference in
this Comprehensive Plan, shall be revised to give greater consideration to the
habitat of species of special status and critical nesting/feeding areas for birds. The
HEI shall be re'lised to include, at a minimum, the following:
1. a written methodology for completing the HEI;
2. requirements for integrating data regarding the historic sightings of rare and
endangered species and critical nestin!9/feeding areas for birds; and
3. evaluation criteria 'Nhich will better differentiate high, medium and low
quality habitat.
Before adoption, the revisions shall undergo scientific peer re'/iew by experts in
terrestrial and wildlife ecology. To the extent possible, the reyie,?/ers shall
include those
Policy 207.10.5
Upon adoption of the Comprehensive Plan, the existing Habitat E'/aluation Index
(REI), found in Section 9.5 336 through 9.5 342 of the Land Development
Regulations (Monroe County ROCe, 1990), and ,?/hich is adopted by reference in
this Comprehensive Plan, shall be revised to better protect high quality upland
vegetati'.'e communities and threatened and endangered species. The HEI shall be
revised to include, at a minimum, the follo'Ning:
1. a written methodology for completing the HEI;
2. requirements for integrating data regarding the historic sightings of rure and
endangered species and critical nesting/feeding areas for birds; and
3. evaluation criteria which will better differentiate high, medium and low quality
habitat
Before adoption, the revisions shall undergo scientific peer Tevie'?.' by experts in
terrestrial and v.'ildlife ecology. To the extent possible, the reyieviers shall
include those individuals who participated in development of the existing HEI
methodology. (See Policy 205.2.1.) [9J 5.013(2)(c)3]
bocccp- Envir .Amend
Page 18 of20
Policy 207.12.6
Upon completion of the Comprehensive Plan, the existing Habitat Evaluation
Index (REI), found in Section 9.5 336 through 9.5 342 of the Land Deyelopment
Regulations (Monroe County BOCC, 1990), and which is adopted by reference in
this Comprehensive Plan, shall be re'/ised to better protect high quality upland
vegetative communities and threatened and endangered species. The HEI shall be
revised to include, at a minimum, the following:
1. a written methodology for completing the HEI;
2. requirements for integrating data regarding the historic sightings of rare and
endangered species and critical nesting/feeding areas for birds; and
3. 6"!aluation criteria which '.'Iill better differentiate high, medium and low
quality habitat.
Before adoption, the revisions shall undergo scientific peer revie'.,'! by experts in
terrestrial and wildlife ecology. To the extent possible, the reviewers shall
include those indiyiduals who participated in deyelopment of the e~cisting REl
methodology. (See Policy 205.2.1). [9J 5.013(2)(c)3]
Section 19. Delete Objective 1201.13:
Obieetiye 1201.13
By January 4, 1998, Monroe County shall establish and implement the Monroe County
Natural Heritage and Park Program. The purpose of this program shall be to acquire
lands and open space in the public interest for conservation and recreation purposes. (See
Future Land Use Objective 102.4 and related policies.) [9J 5.014(3)(b)1 and 2J
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- EnviLAmend
Page 19 of20
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 Tem Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
Commissioner Murray E. Nelson
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY:
Mayor/Chairperson
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
MONROE COUNTY AtTOANEV
tfJ!JjDfS TO FOAM
Date: ~ .....- l1~ 6Lof)4
BY:
Deputy Clerk
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Page 20 of 20
STAFF REPORT
BOARD OF COUNTY COMMISSIONERS
MARATHON
DECEMBER 15,2004
Momoe County Department of Planning and Environmental Resources
2798 Overseas Highway Marathon Florida 33050
305.289-2500 conaway.marlene@momoecouny.flgov
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 pine1ands
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 (HE I) 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@monroecouny-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 lO%. 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-EOCROOM
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 DEP ARTMENT OF AMENDMENTS TO THE
MONROE COUNTY 2010 COMPREHENSIVE PLAN TO DELETE
REQUIREMENTS FOR AN HE1, REVISE THE OPEN SP ACE, LAND
ACQUISITION, MANAGEMENT AND GIS MAPPING REQUIREMENT TO
IMPLEMENT GOAL 105 OF THE 2010 COMPREHENSIVE PLAN AND THE
TIER SYSTEM BY DELETING POLICIES 101A.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, 102A.l, 102A.2, 102A.3, 102.4.4,102.4.5,102.4.6,
102A.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 102A,
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 PIan to delete
requirements for an Habitat Evaluation Index (HE!) , 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 p1an-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
connecti vity 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 defening 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 pine1and to perform a Habitat Evaluation Index (HE I) 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 20 I 0
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 HE!
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 PIan are consistent with
pccomp p1an-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 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. habitat per
current Land De'/elopment Regulations, Division 8, hereby incorporated by
reference. In tho case of upland hardv/ood and pineland forests the open spuce is
determined by the results of the habitat analysis (see Conservation and Coastal
Management, Objective 205.2 and related policies). 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
Tier I
Tier II
Tier III
Permitted Clearing
10%
40%
60%
Section 3.
Amend Policy 101.14.1 as follows2
Policy 101.14.1
Monroe County shall discourage developments proposed within the Coastal Righ
Hazard Area (CRRA). by methods including, but not limited to, negative points
in the Permit Allocation and Point System (see Policy 101.5.4). [9J-5.006(3)(c)l]
Section 4.
Amend Policy 102.1.1 as follows:3
Policy 102.1.1
Upon adoption of the Comprehensive Plan, The County shall utilize the
Environmental Standards, found in Section 9.5 336 through 9.5 342 of tho Land
Development Regulations (hereby incorporated by reference) to protect
1 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 CHHA are in Tier I and are therefore receive a lower score.
3 The revisions update the Policy to reflect the wetland regulations currently in effect
pccomp p1an-Envir.Amend
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submerged lands and wetlands. l...ccordingly, 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
Upon adoption of the Comprehensive Plan the County shall further protect its
wetlands by requiring a one hundred (100) percent open space requirement for
undisturbed salt marsh and buttonwood wetlands and by requiring A 50 foot
buffer shall be required around freshwater resources.
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 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:5
Obiective 102.4
Momoe 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 purposes6. By January 4, 1998, Momoe County shall establish the
Monroe County Natural Heritage and Park Program. The purpose of this plan
shall be to acquire lands and open space in the public interest for conservation and
recreation purposes . [9J-5.006(3)(b)4, 10 and9J-5.010(2)(c)3]
Policy 102.4.1
The Momoe County Land Acquisition Master PIan Natural Heritage and Park
Program shall be developed and implemented by the Growth Management
Division, in cooperation with the Monroe County Land Authority, FDEP, FDCA,
FWC and USFWS. '.'/ith the Parks and Recreation 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. 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 incotpOrate changes in the land acquisition priorities in Momoe Collllty 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
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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 ofthe neighborhoods;
5. lands containing unique geologic features;t:
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
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 Heritage 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 consider freshwater lenses and recharge
areas, especially those which overlap the habitats of endangered or threatened
wildlife species, as a high priority. [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 annually which identifies potential sources of
funding for acquisition of lands on the Priority List. Funding sources which shall
be considered include the following: 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
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
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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.
1. Florida Recreation Development Assistance Program;
2. Preservation 2000 Trust Fund
3. Conservation and Recreation Lands (CARL) Program;
4.
5. Land and Water Conservation Fund;
6. Urban Parks and Recreation Recovery (UPl\.RR) Action Grants;
7. local funds made available from fair share community park impact fees
(paid pursuant to the Momoe County Land Dcvelopment Regulations);
aHd
8. Local funds as may be mude available trn-ough special appropriation by
the Momoe County Board of County Commissioners. [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 Growth Management Division shall, in coordination with the Grants
Manager, make applications to funding sources as identified in the arJ1ual
acquisition financing plan. [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 Momoe 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:
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 adlacent 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 Vrioritization 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. Affordableand 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 purposes for which the lands were acquired. (See
Recreation and Open Space Objective 1201.11 and related policies.) r9J-
5.006(3)( c)4 and
Section 8.
Amend Policy 102.7.3 as follows:9
Section 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.
negative points in the Permit }Jlocation and Point System [9J-5.006(3)(c)6]
Amend Policy 102.8.110
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 p1an-Envir.Amend
Page 7 of 20
Monroe County shall discourage developments which are proposed in units of
Coastal Barrier Resources System (CBRS). by methods including, but not limited
to, negatiye points in the Permit AUocation and Point System (see Policy 101.5.4).
(See Objectives 101.2, 101.3, and 101.5 und related polices) [9J-5.006(3)(c)6]
Section 10. Amend Policy 102.8.5 as follows: I I
Policy 102.8.5
Upon adoption of the Comprehensive Plan, 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-;-anG
4. Monroe County regulations regarding development in CBRS units,
including the Permit Allocation System regulations, which commits
negative points for development in CBRS units. (See Policy 101.5.4.)
[9J-5.006(3)( c)6]
Section 11. Amend Objective 102.9 as follow: 12
Obiective 102.9
By January 4, 1998, Monroe County shall complete and implement a cooperative land
management program for private and county publicly owned lands acquired through
implementation of the Monroe County Land Acquisition Master Plan (Objective 102.2),
Goal 105 and the FKCCS. located within and adjacent to parks and conservotion lands
which are owned by the state and federal goysmments in the Florida Keys. [9J
5.006(3)(b)4]
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
Conservation Land Protection .:\reas (as defined in Policy 102.9.3 below) by
methods including, but not limited to, negative points into the Permit Allocation
11 Negative points are no longer needed because the CBRS units are included in Tier I.
12 With adoption of goall 05 and ilie resulting Tier system this Objective designating Conservation Land Protection Areas is no
longer needed. The new section will be specific to the preservation in Tier I.
pccomp plan-Envir.Amend
Page 8 of 20
and Point System (see Policy 101.5.7). (See Objectives 101.2, 101.3 and 101.5
and related policies.) [9J-5.006(3)(c)6]
Policy 102.9.213
Upon adoption of the Comprehensive Plan, Monroe County, in cooperation with
appropriate state and/or federal agencies, shall initiate Conservation Land
Protection Area 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. conservation lands in Monroe
County. The purpose of these planning efforts will be to identify current and
future land use activities vt'hich are causing, or hu,t'e the potential for causing,
adverse impacts on sensitive natural features and natural resources within state
and federal conservation lands. Land use activities of concern shall include both
public and private actions. Monroe County shall complete Conservation Land
Protection Area plans for each of the conservation lands in Monroe County by
January 4, 1998. [9J-5.006(3)(c)3]
Policy 102.9.314
Monroe County shall develop organization and management plans to initiate a
program for protection. restoration and management of acquired lands.
Management obiectives for specific management units will be developed in
concert with state, federal and municipal land management programs responsible
for adjoining lands. Upon adoption of the Comprehensive Plan, Monroe County,
in cooperation with appropriate state and/or federal agencies, shall initiate efforts
to identify a Conservation Land Protection Area for each conservation area ovmed
by the state and federal governments in the Florida Keys.
These Conservation Land Protection Areas shall include:
1. private lands located 'Nithin existing park and conservation land
boundaries; and
2. private lands and county ovmed lands v,rithin a designated buffer adjacent
to each conservation land.
Buffer areas shall be designated on an individual case basis and shall reflect the
resource protection concerns and land ownership patterns specific to a particular
conservation land.
Conservation lands f{)r which a Conservation Land Protection "\rea shall be
designated include the following:
1. Fort Jefferson National Monument
13 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 1he plan .
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Page 9 of 20
2. National Key Deer Refuge
3. Great 'Nhite Heron National Wildlife Refuge
4. Key West National Wildlife Refuge
5. Crocodile Lake National 'Nildlife Refuge
6. John Pennekamp Coral Reef State Park
7. Long Key State Recreation .^....rea
8. Bahia Honda State Park
9. Key Largo Hammock State Botanical Site
10. Lignumvitae Key State Botanical Site
11. 'Hindley Key State Geological Site
12. Indian Key State Historic Site
13. Lignumvitae Key State .\quatic Preserve
14. Biscayne Bay Card Sound State .^.:quatic Preserve
15. San Pedro .'\rchaeologic Aquatic Preserve
16. Coupon Bight State Aquatic Preserve
17. North Key Largo Hammock CARL Proj ect
18. North Layton Hammock CARL Project
19. Curry Hammock State Park
20. Coupon Bight'Key Deer C;\RL Project
21. Cowpen's Rookery PresenTe
22. Saye Our Rivers Big Pine Key Project
23. Fort Taylor State Historic Site
24. Shell Key Aquatic Preserve
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]]
By January 4, 1998, Monroe County, in cooperation with appropriate state and/or
federal agencies, shall develop a management plan for each Conservation Land
Protection .^~rea. These plans shall identify actions to be taken by Monroe County
within the Conservation Land Protection f....rea in support of the purpose for '.'/hich
each conservation land '.vas acquired. These actions shall include:
1. land management actions for private lands and county owned lands,
particularly as they relate to:
a) critical species protection;
b) invasive plant removal;
c) restoration of disturbed '.'.'eHand and upland habitat;
d)
e) pesticide applications;
f) prescribed burning; and
g) acti'/ities which have potential adyerse impacts on nearshore water
quality.
pccomp plan-Envir.Amend
Page 10 of20
2. recommendations regarding permitting of shoreline structures, dredging
and filling and substrate alteration;
3. actions to maintain and/or improye public access to state and federal
conservation lands;
4. strategies for working cooperatiyely '.vith pri'late lundo'.vners in support of
conservation; and
5. future intergovernmental coordination with state and/or federal agencies
controlling and/or managing the conservation land. [9J 5.006(3)(c)6]
Section 12. Delete Policy 102.9.5 and 102.9.6
Policy 102.9.5
Management plans shall be revie'o','ed eyery three years, in cooperation with the
appropriate state and/or federal agencies. Revisions to each Conservation Land
Protection Area and management plan shall be made as necessary to reflect recent
land acquisitions and changing management priorities. [9J 5.006(3)(0)6]]
Policy 102.9.6
\Vithin eighteen months following acquisition of additional conservation lands by
the state and federal governments, the County shall, in cooperation with
appropriate state and/or federal agencies, designate a Conservation Lands
Protection l\.rea for the nev/1y acquired property and complete a management
plan. (These actions shall be required only for acquisitions which are not
expansions of existing conservation lands.) [9J 5.006(3)(c)6]
Section 13. Amend Policy103.2.1 and Delete Policyl03.2.2:1s
Policy 103.2.1
Upon adoption of the Comprehensive Plan, Monroe County shall implement
methods including, but not limited to, designating known habitat of the Schaus's
swallowtail butterfly as Tier 1. the Permit f,.1location and Point System. in order to
discourage and discouraging developments proposed '.vithin hammocks
(identified pursuant to Conservation and Coastal Management Policy 207.10.1)
used by Schaus' swallo'Ntail butterfly and the lands in the North Key Largo
Hammocks C^~RL Project +4 State .\cquisition Area in the permit allocation and
point system. (8ee Policy 205.1.1 101.5.4.) [9J-5.012(3)(c)l; 9J-5.013(2)(c)5
and 6]
15 1bis revision will require that the Schaus' butterfly be protected through identification OfknOWIl habitat as Tier 1.
16 The CARL program is now the Florida Forever program it is better not to name the funding source.
pccomp plan-Envir.Amend
Page 11 of20
Policy 103.2.2
Upon adoption of the Comprehensive Plan, the existing Habitat Evaluation Index
(HEI), found in Sections 9.5 336 through 9.5 342 of the Land Development
Regulations (Monroe County BOCC, 1990), and 'which is adopted by reference in
this Comprehensive Plan, shall be revised to give greater consideration to the
habitat of species of special status, including the American crocodile, the Key
Largo wood rat, the Key Largo cotton mouse, and the Schaus' swallowtail
butterfly. The HEI shall be revised to include, at a minimum, the following:
1. a 'tVritten methodology for completing the HEI;
2. requirements for integrating data regarding the historic sightings of rare
and endangered species and critical nesting/feeding areas for birds; and
3. evaluation criteria which will better differentiate high, medium and 10'.','
quality habitat
Before adoption, the revisions shall undergo scientific peer revie,,'/ by experts in
terrestrial and wildlife ecology. To the extent possible, the revievlers shall
include those individuals ':-,he participated in development of the existing HEI
ethodolegy. (See Policy 205.2.1.) [9J 5.013(2)(c)3]
Section 14. Amend Policy 204.2.1 as follows:l7
Upon adoption of the Comprehensive Plan, the County shall utilize the
Environmental Standards found in Section 9.5 336 through 9.5 342 of the Land
Development Re gulutions (hereby incorporated by reference) To protect
submerged lands and wetlands. Accordingly 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 1he LDRs are being amended and it is inappropriate to site the regulations in the plan..
pccomp plan-Envir.Amend
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Section 15. Amend Objective 205.1 as follows:18
Obiective 205.1
By January' 4, 1998, Monroe County shall utilize the computerized geographical
information system (GIS) and the data, analysis and mapping generated in the
Florida Keys Carrying Capacity Study (FKCCSt FMRL habitat maps and field
evaluation to which will provide more current and more refined data on upland
vegetation in the Florida 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)1; 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 consistent methodology and criteria for 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 veI!etated
areas, above 4 acres and a buffer of privately owned vacant lots and
parcels.
· Vacant land to connect patches and reduce further fraI!mentation.
· 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 tlrreatened 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 acre, which
are isolated from larger natural areas bv existing development.
· Developed and undeveloped SR and SS lots with upland native habitat.
· Platted lots in areas where adioining property owner(s) mav purchase
the lots with county participation.
Criteria for designating lands as Tier III:
· Isolated upland habitat fragments of less than half an acres
18 This revision establishes the criteria and mapping protocol for mapping of upland native vegetation and Tier designation.
pccomp plan- Envir.Amend
Page 13 of 20
· Substantiallv developed subdivisions near established commercial areas.
· Primarilv IS and URM lots.
· Developed non-residential and mixed used areas.
Policy 205.1.2
The County shall complete ground-truthing ef 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 Florida
Natural .^.reus Inventory. [91-5.0 13 (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 plotted on the GIS at a scale of
1 inch equals 200 feet. [91 5.0l3(2)(c)9]
Policy 205.1.5
Land management activities, land acquired Habitat evaluation index and permit
data shall be incorporated into the GIS annually. [91-5.0 13(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 EP A,
ACOE, DER, DNR, FDEP, FDCA, SFWMD, FGF-WFC, and nongovernmental
environmental groups the National Audubon Society (Research Department). [9J-
5.0 13 (2)(c)9]
Section 16. Amend Objective 205.2 as follows:19
Objective 205.2
To implement Goal 105 of this Plan and the recommendations in the Florida Keys
Carrying Capacity Study (FKCCS), Monroe County shall adopt revisions to the Land
Development Regulations which further protect and provide for restoration of the habitat
19 This revisions provides direction for the LDR amendments implementing the Tier system and removing the requirements for an
HEL
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Page 14 of 20
values of upland native vegetated commumtIes, including hardwood hammocks and
pinelands. [9J -5.012(3)(b) 1; 9J -5.0 13(2)(b)3]
Policy 205.2.1
Monroe County shall designate the boundaries in the zoning overlay tier system
based on the criteria in 205.1.
Upon adoption of the Comprehensive Plan, the County shall utilize the Habitat
Evaluation Index (HEI), found in Section 9.5 336 through 9.5 342 of the Land
Development Regulations, hereby incorporated by reference, to evaluate and
protect sensitive habitats of the Florida Keys.
Upon adoption of the Comprehensive Plan, Monroe County shall complete
revisions to the HEI '.vhich shall include, at a minimum, the follo\ving:
1. a ,;"ritten methodology for completing the HEI;
2. requirements for integrating data regarding the historic sightings of rare and
endangered species and critical nesting/feeding areas for birds; and
3. evaluation criteria 'v','hich will better differentiate high, medium and lo',v
quality habitat.
Before adoption, the revisions shall undergo scientific peer Tevie"'l by experts in
terrestrial and wildlife ecology. To the extent possible, the reviewers shall
include tho so individuals who participated in development of the existing HEI
methodology. The comprehensive plan shall be amended to include the HEI
reVISIOn.
Policy 205.2.2
Upon adoption of the Comprehensive Plan, Monroe County shall implement the
Permit }Jlocation and Point System. Monroe County shall discourage assign a
negati'.'6 point rating to developments in Tier I '.vhich disturb to protect areas of
native upland vegetation. Sites having high quality nati'/e upland vegetation shall
receive a greater negative point rating than sites having medium and low quality
native upland vegetation. Habitat value shall be determined through application
of measures as specified in the HEI. (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. which exhibit functional integrity and viability shall meet or
exceed their existing percentages ,us follo,;;s: Clearing of upland native vegetation
20 Clearing and open space requirements are now based on the Tier designation, an REI will no longer be used because the mapping
has been done up front of all quality harmnock areas. Clearing will be reduced Q\;er-all.
pccomp p1an-Envir.Amend
Page 15 of20
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
Tier I
Tier II
Tier III
Permitted Clearing
10%
40%
60%
1. high hammock
high quality
moderate quality
low quality
disturbed
0.80
0.60
0.40
0.40
2. low hammock
high quality
moderate quality
low quality
disturbed
0.80
0.60
0.40
0.40
3. palm hammock
0.90
4. cactus hammock
0.90
5. pinelands
high quality
10Yl quality
disturbed
0.80
0.60
0.60
6. scarified
0.20
The definition for open space shall be that currently contained in Section 9.5 4(0
3) of the F.S. 380.05 compliant Lund De'lelopment Regulations, hereby
incorporated by reference.
Policy 205.2.7
Clearing of native vegetation shall be limited to the percentage allowed in Policy
205.2.6. and shall be called the immediate development area. 21For 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
21 This change implements the changes in the proposed rule 28-20.110.
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Page 16 of20
disturbances of the ground surface and vegetation within areas of native upland
vegetation not approved for clearing. required open space areas. [9J-5.013(2)(c)3]
Policy 205.2.1222
Monroe County shall apply all environmental regulations including use as a
baseline to determine the clearing that may be ponnitted on a site according to the
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 shan be supplemented by recent aerial photography and
existing site analysis to determine any increases in the amount of upland native
vegetated areas. include a disclaimer statement to ad'{ise the public that the maps
are generalized and that habitat designations are subject to verification through
field inspections.
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?3
Objective 205.5
Monroe County, together with private, state, and federal agencies, shall establish a
program for acquiring undisturbed24 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 Department of Environmental Resources 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 part of to implement the Monroe County Land Acquisition Master
Plan (Objective 102.4) Natural Heritage and Park Program. [9J-5.012(3)(c)2; 9J-
5.013(2)(c)6]
22 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 gro\V!h" which is not ClllTently protected or analyz.ed in the REI.
23 This revision establishes the acquisition program required to implement Goal 1 05.
24 Regro\V!h areas are now maturing and should also be protected.
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Page 17 of20
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.QNR, FDEP, FDCA, USFWS, SFWMD,
FWC the National Audubon Society Research Department, The Nature
Conservancy, and others as appropriate. Priority native upland vegetation
acquisition sites shall include those v/hich:
1. are determined to be high quality habitat and are designated in the Tier I
overlay districtJthrough the HEI);
2. include plant species of special status endemic species;
3. are documented habitat for wildlife species of special status;
4. are may be located 'Nithin Improved Subdivisions; and/or
5. are documented as significant coastal upland natural communities by the
Florida Natural :\reas Inventory. [9J 5.012(3)(c)2; 9J 5.013(2)(c)6]
Section 18.25 Delete Policy 207.1.2, Policy 207.10.5 and 207.12.6:
Policy 207.1.2
Upon adoption of the Comprehensive PIan, the existing Habitat Evaluation Index
(HEI), found in Sections 9.5 336 through 9.5 342 of the Land Development
Regulations (Monroe County HOCC, 1990), and which is adopted by reference in
this Comprehensive Plan, shall be revised to give greater consideration to the
habitat of species of special status and critical nesting/feeding areas for birds. The
HEI shall be revised to include, at a minimum, the following:
1. a written methodology for completing the REI;
2. requirements fDf integrating data regarding the historic sightings of rare and
endangered species and critical nesting/feeding areas for birds; and
3. evaluation criteria '.vhich ,vill better differentiate high, medium and low
quality habitat.
Heime adoption, the re'.'isions shall undergo scientific peer revieVI by experts in
terrestrial and wildliie ecology. To the extent possible, the reviewers shall
include those
Policy 207.10.5
25 The deletions are because the HEI 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
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Page 18 of20
Upon adoption of the Comprehensive Plan, the existing Habitat Evaluation Index
(HEI), found in Section 9.5 336 through 9.5 342 of the Land Development
Regulations (Monroe County BOCC, 1990), and '.'/hich is adopted by reference in
this Comprehensive Plan, s-hall be revised to better protect high quality upland
vegetative communities and threatened and endangered species. The HEI shall be
revised to include, at a minimum, the follo'.ving:
1. a written methodology for completing the HEI;
2. requirements for integrating data regarding the historic sightings of rare and
endangered species and critical nesting/feeding areas for birds; and
3. evaluation criteria 'Nhich will better differentiate high, medium and low quality
habitat
Before adoption, the revisions shull undergo scientific peer Tevie'.'.' by experts in
terrestrial and '.vildlife ecology. To the extent possible, the reviewers shall
include those individuals vrho participated in development of the existing HEI
methodology. (See Policy 205.2.1.) [9J 5.013(2)(0)3]
Policy 207.12.6
Upon completion of the Comprehensive Plan, the existing Habitat Evaluation
Index (HEI), found in Section 9.5 336 through 9.5 342 of the Land Development
Regulations (Monroe County BOee, 1990), and ','.'hich is adopted by reference in
this Comprehensive Plan, shall be revised to better protect high quality upland
vegetative communities and threatened and endangered specios. The HEI shall be
revised to include, at a minimum, the following:
1. a vlritten methodology for completing the HEI;
2. requirements for integrating data regarding the historic sightings of rare and
endangered species and critical nesting/feeding areas for birds; and
3. evaluation criteria 'llhich will better differentiate high, medium and low
quality habitat.
Before adoption, the revisions shall undergo scientific peer revie\v by experts in
terrestrial and 'Nildlife ecology. To the extent possible, the reviewers shall
include those indiyiduals who participated in development of the existing HEI
methodology. (See Policy 205.2.1). [915.013(2)(c)3]
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Page 19 of20
Section 19. Delete Objective 1201.13 :26
Obieetive 1201.13
By January 4, 1998, Monroe County shall establish and implement the Monroe County
Natural Heritage and Park Program. The purpose of this program shull be to acquire
lands and open space in the public interest for conservation and recreation purposes. (See
Future Land Use Objecti';e 102.4 and related policies.) [9J 5.014(3)(b)1 and 2J
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
Vice Chair Denise Werling
Commissioner David C. Ritz
Commissioner Julio Margalli
Commissioner James Cameron
YES
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
Lynn Mapes, Chair
Signed this _ day of
,2004.
26 The Natural Heritage and Park Program has been removed from the Comprehensive Plan.
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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 HEr, 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 VEGET A nON
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 HE!, the open space
requirements, land acquisition & management and the requirements for GIS mapping to implement Goal 1 05 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 pinel and 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 F AC.
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 20 I 0
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 9th 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.