Item B1a
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 17 , 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 for an ordinance amending the
Monroe County Year 2010 Comprehensive Plan to delete the HEI requirements in the Plan, require an
existing conditions report including a vegetation survey, require a grant of conservation easement to
protect open space vegetation and limit the clearing of native upland vegetation dependent on the tier
system designation, and provide for a Land Acquisition Master Plan.
[1 sl of 2 required public hearings)
ITEM BACKGROUND: On January 21,2004 and in Ordinance # OI8~2004 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. This is a continuation of the Hearing held on April 20, 2005. Proposed revisions to draft
ordinance made by staff since February hearing are shown with a bold underline for additions and with
a double strikethrough for deletions and are summarized in the staffs cover memorandum. No
changes have been made to this Ordinance since the March 17,2005 Board meeting.
The staff requests direction from the Board on needed revisions to the draft Ordinance. The staff will
make revisions as directed, bringing back the revised Ordinance to the Board in June. The Board will
be asked to approve the Transmittal Resolution to submit the draft Ordinance amending the
Comprehensive Plan to DCA at that meeting.
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 1 05 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 AMOUNT PER MONTH N/A Year
-
APPROVED BY: County Atty -1L- OMB/Purchasing _Risk M<y1agcment__
(\, .
( 1 i
DIVISION DIRECTOR APPROVAL: ,.jl
(TimothYUCGarry, AI
DOCUMENT A TION: Included X Not Required ~
DISPOSITION: AGENDA ITEM #
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f
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COMPREHENSIVE PLAN AMENDMENTS
TO AMEND THE ENVIRONMENTAL REGULATIONS
TRANSMITTAL RESOLUTION TO
THE DEPARTMENT OF COMMUNITY AFFAIRS
BOARD OF COUNTY COMMISSIONERS
MARATHON
- - >
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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 of the proposed amendments to the Monroe County Year 2010 Comprehensive
Plan, the Land Development Regulations and the Land Use District Map; and
Section 2. The Board of County Commissioners does hereby transmit the proposed
amendments to the Florida Department of Community Affairs for review and comment in
accordance with the provisions of Sections 163.184 and 380.0522, Florida Statutes; and
Section 3. The Monroe County Staff is given the authority to prepare and submit the
required transmittal letter and supporting documents for the proposed amendment in
accordance with the requirement of 9J-11.006 of the Florida Administrative Code; and
Section 4. The Clerk of the Board is hereby directed to forward a copy of this
resolution to the Director of Planning and Environmental Resources.
10f2 lnitials -
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a rebrular meeting of said Board held on the _ day of , A.D.,
2005.
,
Mayor Dixie Spehar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
Commissioner Murray E. Nelson
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY:
Mayor/Chairperson
(Seal)
ATTEST: DANNY L. KOLHAGE, CLERK
Ol,e:
DEPUTY CLERK
20f2 Initials
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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.
fl st of 2 required public hearings I
BOARD OF COUNTY COMMISSIONERS
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 A HABITAT EVALUATION INDEX (HE I),
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; TO 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 a 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.l00 Florida
Administrative Code 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
bocccp- Envir.Amend Page 1 of19
WHEREAS, the boundaries for the Tier Maps were drawn using environmental and
development information and digital data from the Florida Keys Carrying Capacity Study
(FKCCS), the Planning Department and the Property Appraisers Office and refined through site
visits by the County Biologists and Planners; and
WHEREAS, hammock size is a major determinate of habitat quality according to the
FKCCS, therefore size and connectivity are used in determining the boundary of the Tiers to
identify the best and most important terrestrial habitat areas for preservation; and
WHEREAS, tier I includes all contiguous hammock areas above four acres and
restoration areas between fragmented smaller hammock patches to increase the hammock size
and buffers where possible. Hammock size is a major determinate of habitat quality according to
FKCCS, which is why size and connectivity were used to identify the best and most important
terrestrial habitat areas for preservation; and
WHEREAS, tier II contains smaller hammock patches isolated by surrounding
development; the quality is reduced because of the negative secondary impacts of development.
These areas still contain a large number of undeveloped lots; and
WHEREAS, tier III is appropriate for additional infill development because of the
location and amount of existing development in the areas designated; and
WHEREAS, the Board of County Commissioners (BOCC), at a regular meeting on
January 21, 2004, directed Growth Management staff to prepare an ordinance deferring ROGO
and NROGO allocation awards in areas containing tropical hardwood hammock or pineland of
two acres or greater within Tier I - Conservation and Conservation and Natural Areas (CNA),
while staff prepares draft text and map amendments and other supporting studies in order to
effectuate the provisions of Goal 105 of the 2010 Comprehensive Plan, and Rule 28-20.100
F AC; and
WHEREAS, the current Land Development Regulations (LDRs) require properties
designated on the 1986 Habitat Maps as hammock and pinel and 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 HEl
from the 2010 Comprehensive Plan; instead habitat quality and permitted clearing is based on the
Tiers. Tier I receives 110" 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 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
bocccp- Envir.Amend Page 2 of 19
WHEREAS, the Planning and Environmental Resources Department has made minor
changes to the proposed draft based on direction of the Planning Commission, including minor
text revisions to ensure readability and correct typographical errors or omissions in the text and
recommends approval of the proposed amendment to the 2010 Comprehensive Plan; and
WHEREAS, the Board of County Commissioners has reviewed the proposed
amendments to the 2010 Comprehensive Plan which delete the HEI requirements in the Plan,
require an existing conditions report including a vegetation survey, require a grant of
conservation easement to protect open space vegetation and limit the clearing of native upland
vegetation dependent on the tier system designation, and provide for a Land Acquisition Master
Plan; said amendments are consistent with and further goals, objectives and policies of the Year
2010 Comprehensive Plan, particularly Goal 1 05 and recently adopted set of comprehensive plan
amendments to effectuate the Tier system;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Delete Policy 101.4.20.
Section 2. Amend Policy 101.4.22 as follows:
Policy 101.4.22
All densities and inteasitics development shall be subject to clearing limits
defined by habitat and the location of the 1Jroperty in the Land Use District
(zoning) Overlay Tier Maps and the wetland requirements in 102.1.1. habitat per
current Land Deyelopment Regulations, Division 8, hereby incorporated by
reference. In the case of upland hardwood and pinel and f{)rosts the open space is
determined by the results of the habitat analysis (see Conser.,ation and Coastal
Management, Objective 205.2 afla related policies). Except as defined in Policy
101.12.4. clearing of upland native vegetation areas in the Tiers 1. II. and III shall
be limited for the portion of the property containing upland native vegetation in
the following percentages:
TIER Permitted Clearing
Tier I 10%
Tier II 40%
Tier III 60%
Section 3. - Amend Policy 101.14.1 as 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 Allocation and Point System (see Policy 101.5.1). [9J~5.006(3)(c)lJ
Section 4. Amend Policy 102.1.1 as follows:
Policy 102.1.1
bocccp- Envir.Amend Page 3 of 19
Upon adoption of the Comprehensive Plan, The County shall utilize the
En'<,ironmental Standards, found in Section 9.5 336 through 9.5 3~2 of the Land
Development Regulations (hereby incorporated by reference) to protect
submerged lands and wetlands. i\ccordingly, The open space requirement shall
be one hundred (l00) percent ofthe following types of wetlands:
I. 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 (l00) porcent open space requirement for
undisturbed salt marsh and buttomvood ';<,etlands and by requiring /'. 50 foot
buffer shall be requircd around freshwater 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) 1 and 6]
Section 5. Amend Objective 102.4 as follows:
Objective 102.4
Monroe County shall prepare a Land Acquisition Master Plan by July 1. 2005
containing a strategy for securing funding and other 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 '1, 1998, Monroc County shall establish the
MonrDc County Natural Heritage and Park Program. The purpose of this plan
shall be to acquiro lands and open space in thc public interest for conservation and
recreation purposes . [9J-5.006(3)(b)4, 10 and9J-5.01 0(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,
FWC, and USFWS. ',vi th the Parks and Rccreation Board and other
knowledgeable county and state agencies. [9J-5.006(3)(c)4 and 6]
Policv 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 contuining naturally occurring and native habituts;
2. lands containing habitat critical to, or providing significant protection for,
species dcsignated as threatened or endangered by the US. Fish and
'Nildlife Service and/or State of Florida;
bocccp-Envir.Amend Page 4 of 19
1. designated Tier I (Conservation and Natural Areas) lands as defined in
Policy 105.2.1.1. which shall include all contiguous hammock areas above
four acres,
2. restoration areas between fragmented hammocks to mcrease 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 204.2.12 that provide habitat
for small birds and animals and contribute to the quality of the
neighborhoods;
~2. lands containing unique geologic features,
~. 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;
~~. lands which can be used, without adverse impacts on natural resources, for
community and neighborhood parks and/or public beaches water access;
and
62.. 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 top priority. '.vill consider freSHwater lenses and recharge areas,
ospecially those 'lIhich overlap the habitats of endangered or threatened v,'ildlife
species, as u 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 'llhich shall
be considered include the follmving: Land acquisition will be a coordinated effort
between the state and federal governments and the county. The county shall
petition the state and federal government to accept primary responsibility for
acquisition of Tier I. conservation and natural lands. The county will be
responsible for purchases in Tier II and Tier III of wetlands and fragmented
bocccp- Envir.Amend Page 5 of 19
hammock areas. Land acquisition for other priorities depend on funding
availability. need and future use.
L Florida Recreation Developmcnt L'\ssistance Program;
2. Preservation 2000 Trust Fund
3. Conservation and Recreation Lands (C^~RL) Program;
~. Land and 'Water Conservation fund;
5. Urban Parks and Recreation Recovery (UP"^~RR) L\ction Grunts;
6. local funds mude available from fair share community park impact fees
(paid ptrrsuant to the MOIHoe County Land Development Regulations);
tlfl4
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 intergovernrnental 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 annual
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 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:
L 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;
bocccp~ Envir.Amend Page 6 of19
e) criteria for the prioritization of land acquisitions within the different
priority areas will include 1) the size and the location of the property
and surrounding land uses including management status, 2)
minimization of the edge to area ratio of parcels bv 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
perpetui tv.
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:
Policy 102.7.3
Monroe County shall discourage developments proposed on offshore islands by
methods induding, but not limited to, designating off shore islands as Tier I lands.
negative points in the Permit i^Jlocation 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, negati'.'e points in the Pennit I.lloeation and Point System (see Policy 101.5.1).
(See Objecti\'€s 101.2, 101.3, ood 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
bocccp~Envir.Amend Page 7 of19
telephone service to CBRS units. These efforts shall include providing each of
the utility providers with:
1. a map of the areas of Monroe County which are included in CBRS units;
2. a copy of the Executive Summary in Report to Congress: Coastal Barrier
Resources System published by the U.S. Department of the Interior,
Coastal Barriers Study Group, which specifies restrictions to federally
subsidized development in CBRS units; and
3. Monroe County policies regarding local efforts to discourage both private
and public investment in CBRS units~
1. Monroe County regulations regarding dO'lolcJ.pment in CBRS units,
including the Permit }..llocation System regulations, which commits
negative points for development in CBRS units. (See Policy 101.5.1.)
[9J-5.006(3)( c)6]
Section 11. Amend Objective 102.9 as follow:
Objective 102.9
By January 1, 1998, Monroe County shall complete and implement a cooperative land
management program for private afld 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 purks and conservation lands
which are owned by the stnte and federal governments in the Florida Keys. [9J
5.006(3 )(b )1]
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 "Ai-reas (as defined in Policy 102.9.3 belo':/) by
methods including, but not limited to, negati\'e points into the Ponnit "^Jlocation
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 102.9.2
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 planning efforts will be to identify current and
future land use activities which ure causing, or ha'/e the potential for causing,
adverse impacts on sensitive natural featlEes and natural resources "vithin state
and federal conservation lands. Land use activities of CORcern shall include both
bocccp- Envir.Amend Page 8 of 19
public and private actions. Monroe County shall eomplete Conservation Land
Protection Area plans fm eaoh of the consen:ation lands in Monroe County by
January 1, 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 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 Comprehensi'le Plan, Monroe County,
in cooperation with appropriate state and/or f~deral agencies, shall initiate efforts
to identify a Conservation Land Protection /\rea for euch conservation area o':.-ned
by the state and federal governments in the Florida Keys.
These Conservation Land Protection i^~reas shall include:
1. private lands located '.vithin existing park and cons6r/ation land
boundaries; and
2. private lands and county o''vned lands within a designated buffer adjacent
to euch conservation land.
Buffer areas shall be designated on un individual case basis und shall reflect the
resource protection concerns and land ownership patterns specific to a particular
conservation land.
Conservation lands for V/hich a Conservation Land Protection .Areu shall be
designated include the follo'.ving:
1. Fort Jeff-orson National Monument
2. National Key Deer Refuge
3. Great \Vhite Heron National 'Hildlife Refuge
1. Key \Vest National \Vildlif~ Refuge
5. Crocodile LakeN ational '.Vildlife 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. Lignutllvitae Key State Botanical Site
11. 'Hindley Key State Geological Site
12. Indian Key State Historic Site
13. Lignumvitac Key State Aquatic Preserve
Ii. Biseayne Bay Card Sound State Aquatic Preserve
15. San Pedro "^~rchaeologic l~quatic Preserve
16. Coupon Bight State Aquatic Preserve
17. North Key Largo Hammock C\RL Project
18. North Lu)ton Hammock CARL Project
19. Curry Hammock State Park
20. Coupon Bight/Key Deer C\RL Project
21. Cmvpen's Rookery Preserve
22. Save Our Rivers Big Pine Key Project
bocccp- Envir.Amend Page 9 of 19
23. Fort Taylor State Historic Site
21. Shell Key !~quatic 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 1, 1998, Monroe County, in cooperation with appropriate state and/or
federal agencies, shaH develop a management plan for each Conservation Land
Protection L^~rea. These plans shall identify actions to be taken by Monroe County
within the Conservation Land Protection L^~rea in support of the purpose for which
each conservation land was acquired. These aotions shall includc:
1. land management actions for pri'v'atc lands and county oVv'ned lands,
particularly as they relate to:
a) critical species protection;
b) invasive plant rcmoval;
c) restoration of disturbed T'vetland and upland habitat;
d) pesticide applioations;
c) prescribed burning; and
f) activities \vhich haT/c potcntial adverse impacts on nearshore ''vater
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 f<)dcral
conservation lands;
1. strategies for working cooperatively with private lando',vners in support of
conservation; and
5. future intergovernmental coordination '.vith state and/or federal agencies
controlling and/or managing the conservation land. [9J 5.006(3)(0)6]
Section 12. Delete Policy 102.9.5 and 102.9.6
Peliey 102.9.5
Management plans shall be reviewed every three years, in cooperation \vith the
appropriate state and/or federal agencies. Revisions to each Conservation Land
Protection L^sca and management plan shall be made as necessary to reflect recent
land acquisitions and changing management prioritios. [9J 5.006(3)(e)6]]
Poliey 102.9.6
Within eighteen months follmving 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 Area for the newly acquired property and complete a management
bocccp- Envir.Amend Page 10 of 19
plan. (These actions shall be reql:lirod only for acquisitions '",hich are not
expansions of existing conservation lands.) [9J 5.006(3)(0)6]
Section 13. Amend Policy103.2.1 and Delete Policyl 03.2.2:
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 1. the Permit Allocation and Point System in order to
discourage developments proposed ,<,/ithin hummocks (identified pursuant to
Conservation and Coastal Management Policy 207.10.1) used by Schaus'
sv/allowtail butterfly Qnd the lands in the North Key Largo Hammocks CARL
Projeot State TA~cquisition TASSO in the ponnit allocation and point system. (See
Polic)' 101.5.-1.) [9J-5.012(3)(c)1; 9J-5.013(2)(c)5 and 6]
Poliey 103.2.2
Upon adoption of the Comprehensive Plan, the existing Habitat Evuluation lndex
(HET), found in Sections 9.5 336 through 9.5 312 of the Land Development
Regulations (Monroe County BOCC, 1990), and which is adopted by referenoe in
this Comprehensive Plan, shall be revised to gi'le greater consideration to the
habitat of species of speoial status, including the American orocodile, the Key
Largo wood rut, the Key Largo cotton mouse, and the Sohaus' swallov/tail
butterfly. 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 nestin!?/foeding areas for birds; and
3. evaluation criteria ,-,rhich ,<,/ill better differentiute high, medil:H11 and low
quality habitat
Before adoption, the revisions shall undergo scientific peer review by experts in
terrestrial and '.','ildlife ocology. To the extent possible, the reviowers shall
include those individuals vrho participated in development of the existing HEI
ethodology. (See Policy 205.2.1.) [9J 5.013(2)(0)3]
Section 14. Amend Policy 204.2.1 as follows:
Upon adoption of the Comprchensi'lo Plan, the County shall utilize the
Environmental Standards found in Section 9.5 336 through 9.5 312 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;
bocccp- Envir.Amcnd Page 11 of 19
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
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)
Section 15. Amend Objective 205.1 as follows:
Obiective 205.1
By January 1, 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 FMRI, 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)l; 9J-5.013(2)(b)3]
Policy 205.1.1
The County shall establish the following criteria at a minimum to use when a
field a consistent methodology and criteria for mapping and evaluating upland
habitats: [9J-5.013(2)(c)9]
1. Criteria for designatin~ lands as Tier 1:
. 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 areas
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 Suburban Residential (SR) and Sparsely
Settled (SS) lots with upland native habitat.
. Platted lots in areas where adioining property owner(s) may purchase the
lots with county participation.
bocccp- Envir.Amend Page 12of19
3. Criteria for designating lands as Tier III:
. Isolated upland habitat fragments ofless than half an acre
. Substantially developed subdivisions near established commercial areas.
. Primarily Improved Subdivision (IS) and Urban Residential Mobile Home
(URM) lots.
. Developed non-residential and mixed used areas.
Policy 205.1.2
The County shall complete ground-truthffig ef the upland habitats identified in the
Advanced Identification of Wetlands (ADID) habitat maps, aerial photography,
satellite imagery and the Florida Keys Carrying Capacity Study (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 Areas In'.'entory. [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 Geographic Information System (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. '/ egetation 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
Environmental Protection Agency (EP A), Army Corps of Engineers (ACOE),
DER, DNR, Florida Department of Environmental Protection (FDEP), Florida
Department of Community Affairs (FDCA). South Florida Water Management
District (SFWMD), Florida Fish and Wildlife Conservation Commission
(FGf.WFC), and nongovernmental environmental groups the National "^..udubon
Society (Research Department). [9J-5.013(2)(c)9]
Section 16. Amend Objective 205.2 as follows:
Objective 205.2
To implement Goal 105 of this Plan and the recommendations in the Florida Keys
Carrying Capacity Study (FKCCS), Monroe County shall adopt revisions to the Land
bocccp- Envir. Amend Page 13 of 19
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)1; 9J-5.013(2)(b)3]
Policy 205.2.1
Monroe County shall designate the boundaries in the zoning overlay tier system
based on the criteria in Policv 205.1.1.
Upon adoption of the Comprehensive Plan, tHo County shall utilize the Habitat
Evaluation Index (HEI), f{)und in Section 9.5 336 through 9.5 312 of the Land
DevCJ!opment Regulations, hereby incorporated by refcrence, to evaluate and
protect sensitive habitats of the Florida Keys.
Upon adClption of the Comprehensive Plan, Monroe County shall complete
re'.'isions to the HEI \vhich shall include, at a minimum, the following:
1. a '.vritten methodology for completing the HEI;
2. requirements for integrating data regarding the historic sightings of mre and
endangored species and critical nesting/feeding areas for 13irds; and
3. evaluation criteria whicfl will better differentiate high, medium and low
quality habitat.
Before adoption, the revisions shall undorgo scientific peor revicvl by experts in
terrestrial and wildlife ecology. To the extent possible, the revie',vers shall
inclUElo those individuals who participated in development of the existing HEl
methodology. The comprehensive plan shall be umended to include the HEI
rOVISIOn.
Policy 205.2.2
Upon adoption of the Comprehensive Plan, Monroe County shall impl0fflont the
Permit l^Jlocation and Point System. Monroe County shall discourage assign a
negative point rating to developments in Tier I 'v'.'hich disturb to protect areas of
native upland vegetation. Sites having high quality native upland vegetation shall
receive a greater negative point rating than sitos having medium and 10".',' quality
native upland '.'egetation. Habitat yalue shall be determined through application
of measures as specified in the BEL (See Policy 101.5.4). [9J-5.012(3)(c)l, 2
and 3; 9J-5.014(2)(c)6]
Policy 205.2.6
The permitted clearing of native upland vegetation communities shall be defined
by habitat and the location of the property in the Land Use District (zoning)
Overlay Tier Maps. \vhieh exhibit functional integrity and viability shall meet or
exceed their existing percentages ,as follo',vs: Clearing of upland native vegetation
communities in the Tiers L II. and III shall be limited for the portion of the
property containing upland native vegetation in the following percentages:
Tier Permitted Clearing
Tier I 10%
bocccp- Em ir. Amend Page 14 of 19
Tier II 40%
Tier III 60%
1. high hammock
high quality 0.80
modorato quality 0.60
10','/ quality 0.10
disturbod 0.10
2. low hammock
high quality 0.80
moderate quality 0.60
low quality 0.10
disturbed 0.'10
3. palm hammock 0.90
4. cactus hammock 0.90
5. pinelands
high quality 0.80
10','/ quality 0.60
disturbed 0.60
6. scarified 0.20
The definition for open space shall be that currently contained in Section 9.5 1(0
3) of the F.S. 380.05 compliant Land Development Regulations, horeby
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 vegetation 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 determine 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 I1December 1985 Habitat Classification Aerial Photographs, 11 hereby
incorporated by reference as a base line for the type and extent of habitat on a
parcel. The 1985 maps shall be supplemented by recent aerial photography and
bocccp- Envir.Amend Page 15 of 19
existing site analysis to determine any increases in the amount of upland native
vegetated areas. include a disclaimer statement to advise the public that the maps
are generalized ood that habitat designations arc subject to '/erification 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 Florida Keys Carrying Capacity Study (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-5.0l2(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
III consultation with representati ves of ~, Florida Department of
Environmental Protection (FDEP), Florida Department of Community Affairs
(FDCA), United States Fish and Wildlife Services (USFWS), South Florida Water
Management District (SFWMD), Florida Fish and Wildlife Commission (FWC)
the National Audubon Society Research Department, The Nature Conservancy,
and others as appropriate. Priority native upland '.'egctation acquisition sites shall
includo those which:
1. are determined to be high quality habitat and are designated in the Tier I
o'/crlay 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 within Improved Subdi'iisions; and/or
bocccp- Envir.Amend Page 16 of 19
5. are documented as significant coastal upland natural oommunities by the
Florida Natural ,^~reas 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:
Petie)' 207.1.2
Upon adoption of the Comprehensive Plan, the existing Habitat Eyaluation Index
(HEl), 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 Comprehensi'.'e Plan, shall be rc','iscd to giye greater consideration to the
habitat of species of special status and critical nesting/feeding areas for birds. The
HEI shall be revised to includc, at a minimum, the follmving:
1. a '.vritten methodology for completing the HEI;
2. requirements for integrating data regarding the historic sightings of rare and
endangored species and critical nesting/feeding areas for birds; and
3. evaluation criteria 'shich will better differentiate high, medium and low
quality habitat.
Before adoption, the revisions shall undergo soientific peer revie'v'l by experts in
terrestrial and wildlife ecology. To the extent possible, the reviewers shall
include those
Peliey 207,HL5
Upon adoption of the Comprehensive Plan, the existing Habitat Evahmtion Index
(HEr), found in Section 9.5 336 through 9.5 312 of the Land Development
Regulations (Monroe County BOCC, 1990), and which is adopted by reference in
this Comprehensive Plan, shall bc revised to better protect high quality upland
','egetatiTl6 communities and threatened and endangerod species. The HEI shall be
r0'/ised to include, at a minimum, the follmving:
1. a TNritten methodology for complcting 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 ';.'hich 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 reviev/ers shall
include those individuals who participated in development of the existing HEI
methodology. (See Policy 205.2.1.) [9J 5.013(2)(c)3]
Paliey 207.12.6
Upon completion of the Comprehensive Plan, the existing Habitat Evaluation
Index (HEI), found in Section 9.5 336 through 9.5 312 of the Land De'.'elopment
Regulations (Monroe County BOCC, 1990), and which is adopted by reference in
this Comprehensive Plan, shall be revised to better protect high quality upland
bocccp- Envir.Amend Page 17 of19
','egetative commHFlitios and threatened and endangered species. The HEI shall be
revised to include, at a minimum, the follor.ving:
1. a v,Titten methodology for completing the HEI;
2. requirements for integrating data regarding the historic sightings of rare and
endangered spedes and critical nesting/feeding areas for birds; and
3. evaluation criteria which will better differentiate high, medium and low
quality habitat.
Before adoption, the re>,'isions shall undergo scientific peer revie',',' by experts in
terrestrial and "vildlifc ecology. To the extent possible, the re','ie'.vers shall
include those individuals \\'ho participated in development of the existing HEI
methodology. (See Policy 205.2.1). [9J 5.013(2)(0)3]
Section 19. Delete Objective 1201.13:
Obieetb'e 120],13
By January ~, 1998, Monroe County shall establish and imploment the Monroe County
Natural Heritage and Park Program. The purpose of this program shall be to acquire
lllilds and open space in the public interest for censorvation and recreation purposes. (8ee
Future Land Use Objective 102.1 and related policies.) [9J 5.011(3)(b)1 and 2]
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 shall be filed in the Office of the Secretary of State of Florida but
shall not become effective until a notice is issued by the Department of Community Affairs or
Administration Commission approving the ordinance.
Section 23. This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs to determine the consistency of this
ordinance with the Florida Statutes.
(THE REMAINDER OF THIS PAGE LEFT INTENTION ALL Y BLANK)
bocccp- EnviLAmend Page 18 of 19
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the _ day of , A.D. , 2005.
Mayor Dixie Spehar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
Commissioner Murray E. Nelson
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY:
Mayor/Chairperson
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
MONRQf COUNTY ATTORNEY
APPR.oVEO AS. TO FOAM
# -G i
"'- 71C ,
. v . ....-'-..,/ / ...] t~i~ 1-1 "-~.",
Oate: .<-,0 t:-. .c c 'c ,
BY:
Deputy Clerk
bocccp-EnviLAmend Page 19 of 19
r
STAFF REPORT
,
BOARD OF COUNTY COMMISSIONERS
MARATHON
Monroe County Department of Planning and Environmental Resources
2798 Overseas Highway ~ Marathon Florida 33050
305-289-2500 conawav~marlene@monroecouny-fl.gov
~
November 28, 2004
TO: Momoe 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~ 1 00 and the Florida Keys Carrying Capacity Study
(FKCCS).
Staff is recommending that three public hearings be held before the Board of County
Commissioners, one in each area, before adoption of the Transmittal Resolution.
Hopefully, this schedule will allow us to finish the adoption process by June 2005.
Background
The Board of County Commissioners (BOCC), at a regular meeting on January 21, 2004,
directed Growth Management staff to prepare an ordinance deferring ROGO and
NROGO allocation awards in areas containing tropical hardwood hammock or pinelands
of two acres or greater within Tier I - Conservation and Natural Areas (CNA), while staff
prepares draft text and map amendments and other supporting studies in order to
effectuate the provisions of Goal 105 of the 2010 Comprehensive Plan, and Rule 28-
20.100 FAC.
The Planning Commission reviewed the staff proposed draft at a workshop in June and an
amended draft in four public meetings in September, October and November 2004. The
Planning Commission approved several amendments and voted to recommend the
attached draft to the BOCC on November 3, 2004. During the summer three focus group
meetings were held; two with the construction industry representatives qnd one with a
group of interested individuals and environmental groups. Several planned meetings were
cancelled due to the hurricanes. Finally two evening community workshops, one in Key
Largo and one in Sugarloaf, were held in October.
Environmental Amendment
The current LDRS require properties designated on the 1986 Habitat Maps as hammock
and pineland to perform a Habitat Evaluation Index (HEI) to determine the amount of
clearing permitted and the negative points awarded in ROGO and NROGO. The HEl 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 10%. Clearing of habitat in Tier II is
limited to 40% and Tier III is limited to 60%.
Regulatory requirements in the LDRS include an Existing Conditions Report, a
Conservation Easement on upland native vegetation and use of the 1986 Habitat Maps as
a baseline to assure unlawful clearing has not/does not occur.
Ocean Reef, which is not subject to ROGO and NROGO, is defined as Tier II and Tier III
and clearing of upland native vegetation is limited to 40%.
In addition to changes to implement the Tier system, the Comprehensive Plan
amendments also address the requirements for a Land Acquisition Master Plan, by
changing the Natural Heritage and Park Program requirements in the current Plan
(Objective 102.4); Objective 205.5 further defines the acquisition program; Objective
102.9 has been amended to provide guidance for developing a management strategy for
lands acquired; and Objective 205.1 amends the GIS mapping requirements to implement
the procedures followed to develop the Tier maps and require maintenance of the GIS
data.
I
~
PLANNING COMMISSION RESOLUTION
I
BOARD OF COUNTY COMMISSIONERS
MARA THON - EOC ROOM
.
~ 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 MOl\TROE
COUNTY PLANNING DEP ARTMENT OF AMENDMENTS TO THE
MONROE COUNTY 2010 COMPREHENSIVE PLAN TO DELETE
REQUIREMENTS FOR AN HE!, 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 101.4.20, 102.9.5, 102.9.6, 103.2.2,
207.1.2, 207.10.5, 207.12.6 AND OBJECTIVE 1201.13. REVISE POLICIES
101.4.22,101.14.1; 102.1.1; 102.4.1,102.4.2,102.4.3,102.4.4; 102.4.5; 102.4.6,
102.4.7, 102.7.3, 102.8.1, 102.8.5,102.9.1, 102.9.2, 102.9.3, 102.9.4, 103.2.1;
205.1; 205.1.1, 205.1.2, 205.1.3, 205.1.4, 205.1.5, 205.1.6, 205.2.1, 205.2.2,
205.2.6, 205.2.7, 205.2.14, 205.5.1, 205.5.2, 207.1.2 Revise Objective 102.4,
102.9,201.1,205.2 and 205.5, OF THE 2010 COMPREHENSIVE PLAN.
WHEREAS, the Monroe County Planning Commissioner; during a public hearings held November 16,
2004, reviewed and considered the proposed amendment to the 2010 Comprehensive Plan to delete
requirements for an Habitat Evaluation Index (HEI) , revise the open space, land acquisition, management and
GIS mapping requirement to implement Goal 105 of the 2010 Comprehensive Plan, Rule 28-20.100 F.A.C. and
the Tier Overlay system; and
WHEREAS, the Monroe County Board of County Commissioners directed staff to prepare text and
map amendments in Ordinance No. 018-2004 adopted June 16,2004, to include: Tier Overlay Map designations
in accordance with Goal 105; revisions to ROGO and 1\TROGO based on the Tier system utilizing a positive
approach that predominately relies on land dedication and aggregation; and revisions to the environmental
regulations based on the Tier system rather than the existing Habitat Evaluation Index; and
WHEREAS, Goal 105 provides a framework for future development and land acquisition for the next
20 years that considers the carrying capacity of the Florida Keys, reduces sprawl and promotes sustainability;
and
WHEREAS, Tier Maps were developed following the criteria in Goal 105, utilizing computer mapping
(GIS), identifying areas appropriate for additional development and those, which are important environmentally
and should be preserved; and
WHEREAS, The boundaries for the Tier Maps were drawn using environmental and development
information and digital data from the Florida Keys Carrying Capacity Study (FKCCS), the Planning
Department and the Property Appraisers Office and refined through site visits by the County Biologists and
Planners; and
pccomp plan~Envir.Amend Page I of 20
~ WHEREAS, hammock size is a major determinate of habitat quality according to the FKCCS, therefore
size and connectivity are used in determining the boundary of the Tiers' to identify the best and most important
terrestrial habitat areas for preservation; and
WHEREAS, Tier I includes all contiguous hammock areas above four acres and restoration areas
between fragmented smaller hammock patches to increase the hammock size and buffers where possible.
Hammock size is a major determinate of habitat quality according to FKCCS, which is why size and
connectivity were used to identify the best and most important terrestrial habitat areas for preservation; and
WHEREAS, Tier II contains smaller hammock patches isolated by surrounding development; the
quality is reduced because of the negative secondary impacts of development. These areas still contain a large
number of undeveloped lots; and
WHEREAS, Tier III is appropriate for additional infill development because of the location and amount
of existing development in the areas designated; and
WHEREAS, the Board of County Commissioners (BOCC), at a regular meeting on January 21,2004,
directed Growth Management staff to prepare an ordinance deferring ROGO and NROGO allocation awards in
areas containing tropical hardwood hammock or pineland of two acres of greater within Tier I ~ Conservation
and Conservation and Natural Areas (CNA), while staff prepares draft text and map amendments and other
supporting studies in order to effectuate the provisions of Goal 105 of the 2010 Comprehensive Plan, and Rule
28-20.100 FAC; and
WHEREAS, the current LDRS require properties designated on the 1986 Habitat Maps as hammock
and pineland to perform a Habitat Evaluation Index (HEI) to determine the amount of clearing permitted and
the negative points awarded in ROGO and NROGO. The HEI is a subject of continuous controversy, is accused
of being subjective and since based on 1986 maps, does not take into consideration re-vegetation over the last
twenty years; and
WHEREAS, The proposed ordinance removes the requirement for performing an HEI from the 2010
Comprehensive Plan, instead habitat quality and permitted clearing is based on the Tiers. Tier I receives "011
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 201 0 Comprehensive Plan which delete the REI
requirements in the Plan, require an existing conditions report including a vegetation survey, require a grant of
conservation easement to protect open space vegetation and limit the clearing of native upland vegetation
dependent on the tier system designation, and provide for a Land Acquisition Master Plan are consistent with
pccomp plan-Envir.Amend Page 2 of 20
,
~ and further goals, objectives and policies of the Year 2010 Comprehensive Plan, particularly Goal 105 and
recently adopted set of comprehensive plan amendments to effectuate the Tier system;
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County
Board of County Commissioners of the following amendment to the 2010 Comprehensive Plan:
Section 1. Delete Policy 101.4.20
"
Section 2. Amend Policy 101.4.22 as follows:!
Policy 101.4.22
All densities 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 Development Regulations, Diyision 8, hereby incorporated by
reference. In the case of upland hardwood and pineland forests the open space is
determined by the reDuIts of the habitat analysis (see Conservation and Coastal
Managemont, Objective 205.2 and related policies). Except as defined in Policy
101.12.4, -clearing of upland native vegetation areas in the Tiers 1. II, and III shall
be limited for the portion of the property containing upland native vegetation in
the following percentages:
TIER Permitted Clearing
Tier I 10%
Tier II 40%
Tier III 60%
Section 3. - Amend Policy 101.14.1 as follows2
Policy 101.14,1
Monroe County shall discourage developments proposed within the Coastal High
Hazard Area (CHHA). by methods including, but not limited to, negative points
in the Permit .^Jlocation 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 Comprehensi,,'e Plan, The County shall utilize the
Environmental Standards, found in Section 9.5 336 through 9.5 342 of the Land
Development Regulations (hereby incorporatod 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 plan- Envir.Amend Page 3 of 20
submerged lands and wetlands. Accordingly, The open space requirement shall
be one hundred (100) percent of the following types ofwetIands:
1. Submerged lands 2. mangroves 3. salt ponds 4. fresh water wetlands
5. fresh water ponds 6. undisturbed saIt marsh and buttonwood wetlands
Upon adoption of the Comprehensive Plan the County shall further protect its
',vetlands by requiring a one hundred (100) percent open space requirement for
undisturbed salt marsh and buttomvood ',vetlands and by requiring '^.. 50 foot
buffer shall be required around fresh\vater resources.
4Allocated density (dwelling units per acre) shall be assigned to freshwater
wetlands and undisturbed saIt 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
Monroe Country shall prepare a Land Acquisition Master Plan bv 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 J anuory 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~5.0l0(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,
FWc. and USFWS. \vith 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, L which shall include all contiguous hammock areas above four acres,
4 Wetland setbacks are defined in Policy 204.2.6, deleting the reference here will prevent confusion
5 This revision is to incorporate changes in the land acquisition priorities in Monroe County with the completion of the Florida Keys
Omying Capacity Study and adoption Of Goal 105.
6 Land acquisition for affordable housing is an additional element included in the Land Acquisition Master Plan.
pceomp plan-Envir.Amend Page 4 of 20
~ 2. restoration areas between fragmented hammocks to increase the contiguous
hammock size and buffers where appropriate; lands containing naturally
occurring and native habitats;
3. fresh water wetlands, and undisturbed salt marsh, and buttonwood wetlands
that are required under Policy 102.1.1;
4. designated Tier II lands as defined in Policy 204.2.1.2 that provide habitat for
small birds and animals and contribute to the quality of the neighborhoods;
5. lands containing unique geologic features;:!:
6. lands whose conservation would enhance or protect water quality or would
protect fish or wildlife habitat, which cannot be adequately protected through
local, state and federal regulatory programs;
7. lands in Tier II and Tier III for employee and affordable housing;8
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 fresh\vater lenses and recharge
areas, especially those '.vhich overlap the habitats of endangered or threatened
\vildlife 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 follo',ving: 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 ColUlty.
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 planoEnvir.Amend Page 5 of 20
. acquisition of Tier 1, conservation and natural lands. The county will be
responsible for purchases in Tier n 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 Deyelopment Assistance Program;
2. Preservation 2000 Trust Fund
3. Conservation and Recreation Lands (C'\RL) Program;
4.
5. Land and Vl atef Conservation Fund;
6. Urban Parks and Recreation Recovery (UPARR) f~ction Grants;
7. local funds made available from fair share community park impact fees
(paid pursuant to the Momoe County Land Development Regulations);
aOO
8. Local funds as may be made ayailable 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 Gro\vth Management Division shall, in coordination '.vith the Grants
Manager, make applications to funding sources as identified in the annual
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 Monroe County Land Acquisition Master Plan shall contain policies to direct
the over~all acquisition program, criteria to follow when setting priorities for
acquisition and a framework for the acquisition process and the sharing of
responsibilities. At a minimum the plan will include the following:
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;
pccomp plan-Envir.Amend Page 6 of 20
~ c) purchased lands that can also provide needed recreational
opportunities will be identified in coordination witIl the Parks and
Recreation Board and a plan for utilization developed;
d) non-purchase options will also be explored and specific
recommendations included;
e) criteria for the prioritization of land acquisitions within the different
priority areas will include 1) the size and the location of the property
and surrounding land uses including management status. 2)
minimization of the edge to area ratio of parcels by combining lots for
acquisition, 3) potential for successful reclamation if within a larger,
better hammock quality area, and 4) maintenance costs for isolated
parcels.
2. Affordable and employee housing
a) parcels in Tier II and Tier III that are suitable for the development or
redevelopment of six or more residential units will be identified and
prioritized for acquisition;
b) priority for acquisition will be given to proiects that are ready to
proceed with ROGO allocations available;
c) pub lic/private/non-profit partnerships and/or agreements exist to
develop the site and maintain the affordability of residential units in
perpetui ty.
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 affordabilitv purposes for which the lands were acquired. (See
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: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 Allocation and Point System [9J-5.006(3)(c)6]
Section 9. Amend Policy 102.8.1 10
Policy 102.8.1
9 This revision demonstrates how the ROGO and NROGO system is being modified to protect off shore islands without assigning
negative points on an individual basis.
10 CBRS are included in Tier I and are protected by the Tier points inROGO and NROGO.
pccomp plan-Envir.Amend Page 7 of 20
~ Momoe 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 f.Jlocation 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: 11
Policy 102.8.5
Upon adoption of the Comprehensive Plan, Momoe 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 ofthe areas of Momoe 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
~ Momoe County policies regarding local efforts to discourage both private
and public investment in CBRS units~
4. Momoe County regulations regarding development in CRRS units,
including the Permit Allocution 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
Objective 102.9
By January 4, 1998, Momoe County shall complete and implement a cooperative land
management program for pri'.'ate and county publicly owned lands acquired through
implementation of the Momoe County Land Acquisition Master Plan (Objective 102.2),
Goal 105 and the FKCCS. located within and adjacent to parks and conservation lands
'vyhich are ovmed by the state and federal governments in the Florida Keys. [9J
5 .006(3)(b)4] \
Policy 102.9.1
Momoe County shall discourage developments which are proposed in Tier I
through the permit allocation system and the environmental regulations. within
Conservation Land Protection Areas (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 1.
12 With adoption of goall 05 and the resulting Tier system this Objective designating Conservation Land ProtectionAreas is no
longer needed The new section will be specific to the preservation in Tier I.
pccomp plan-EnviLAmend Page 8 of 20
I and Point System (see Policy 101.5.7). (See Objectives 101.2, W1.3 and 101.5
and related policies.) [9J~5.006(3)(c)6]
Policy 102.9.213
Upon adoption of the Comprehensive Plan, Momoe County, in cooperation with
appropriate state and/or federal agencies, shall initiate Conservation Land
Protection ./\rea 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 Momoe
County. The purpose of these plur.ning efforts will be to identify current and
future land use activities which are causing, or have 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 completo 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 102.9.314
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 "'\rea for each conservation area mvned
by the state and federal governments in the Florida Keys.
These Conservation Land Protection ,'\reas shall include:
1. private lands located wi thin existing park and conservation land
boundaries; and
2. private lands and county ovmed 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 ownership patterns specific to a particular
conservation land.
Conservation lands for which a Conservation Land Protection .Area 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! 05 and the FKCCS.
14 The Tier system accomplishes the policy being deleted in the plan .
pccomp plan-Envir.Amend Page 9 of 20
2. National Key Deer Refuge
3. Great 'White Heron National 'Nildlife Refuge
4. Key '.Vest National \Vildlife Refuge
5. Crocodile Lake National 'Nildlife Refuge
6. John Pennekamp Corul 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. \Vindley Key State Geological Site
12. Indian Key State Historic Site
13. Lignumvitae Key State Aquatic Preserve
14. Biscayne Bay Card Sound State Aquatic Preserve
15. San Pedro :\rchaeologic .^...quatic Preserve
16. Coupon Bight State Aquutic Preserve
17. North Key Largo Hammock C\RL Project
18. North Layton Hammock C'\RL Project
19. Curry Hammock State Park
20. Coupon BightlKey Deer C^.....1U. Project
21. Cowpen's Rookery Preserve
22. Save Our Rivors Big Pine Key Project
23. Fort Taylor State Historic Site
24. Shell Key f~quatic 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 Area. These plans shall identify actions to be taken by Monroe County
',vi thin 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 private lands and county owned lands,
particularly as they relate to:
a) critical species protection;
b) invasive plant removal;
c) restoration of disturbed wetland and upland habitat;
d)
e) pesticide applications;
f) prescribed burning; and
g) activities which have potential adverse impacts on nearshore water
quality.
pccomp plan-Envir.Amend Page 10 of20
2. recommendations r0gnrding pcrmitting of shoreline structures, dredging
I and filling and substrate alteration;
3. actions to maintain and/or improve public access to state and federal
conservation lands;
4. strategies for working cooperatively '.'lith private landowners in support of
conservation; and
5. future intergovennnental coordination '.vith 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
Faliey 102.9.5
Management plans shall be revic'.ved 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. [9J 5.006(3)(c)6]]
Poliey 102.9.6
Within eighteen months follo'Ning acquisition of additional conservation hmds by
the state and federal governments, the County shall, in cooperation with
appropriate state and/or federal agencies, desie,'I1ate a Conservation Lands
Protection f.rea for the nc',vl)' acquired property and complete a management
plan. (These actions shall be required only for acquisitions 'Nhich are not
expansions of existing conservation lands.) [9J 5.006(3)(c)6]
Section 13. Amend Policyl03.2.1 and Delete Policyl03.2.2Y
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 fJlocation and Point System in order to
discourage and discouraging deyelopments proposed v:ithiR hammocks
(identified pursuant to Conservation and Coastal Management Policy 207.10.1)
used by Schaus' swallO\vtail butterfly and the lands in the North Key Largo
Hammocks CARL Project M State Acquisition .'\rea in the permit allocation and
point system. (See Policy 205.1.1 101.5.4.) [9J-5.012(3)( c)l; 9J-5.013(2)( c)5
and 6]
15 This revision will require that the Schaus' butterfly be protected through identification of known habitat as Tier I.
16 The CARL program is now the Florida Forever program it is better not to name the fimding source,
pccomp plan-EnviLAmend Page I] of20
~ Folie)' 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 (Momoe 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 }uncrican crocodile, the Key
Largo '.'mod rat, the Key Largo cotton mouse, and the Schaus' sV/allowtail
butterfly. The HEI shall be revised to include, at a minimum, the following:
1. a '.'.'fitten 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 '.vhich will better differentiate high, medium and low
quality habitat
Before adoption, the revisions shall undergo scientific peer review by experts in
terrestrial and \vildlife ecology. To the extent possible, the reviewers shall
include those indi'.'iduals v,rho participated in development of the existing HEI
ethodology. (See Policy 205.2.1.) [9J 5.013(2)(c)3]
Section 14. Amend Policy 204.2.1 as follows:17
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 Regulations (hereby incorporated by reference) To protect
submerged lands and '.vetlands. .^~ccordingly 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~5.0l2(3)(c)1 and 2; 9J-5.013(2)(0)6)
17 The Sections of the LDRs are being amended and it is inappropriate to site the regulations in the plan.
pccomp plan-EnviLAmend Page ]2 of20
Section 15. Amend Objective 205.1 as follows:18
Objective 205.1
By January 4, 1998, Momoe County shall utilize the computerized geographical
information system (GIS) and the data, analysis and mapping generated in the
Florida Kevs Carrying Capacity Study (FKCCS), FMRI, habitat maps and field
evaluation to v,'hich 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)l; 9J-5.013(2)(b)3]
Policy 205.1.1
The County shall establish the following criteria at a minimum to use when a
field a 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 privatelv 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 mal' 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.
. A reas 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.
. FraJ!mented. unconnected hammock patches of less than 4 acre. which
are isolated from larger natural areas bv existinJ! development.
. Developed and undeveloped SR and 55 lots with upland native habitat.
. Platted lots in areas where adioining propertv owner(s) mal' purchase
the lots with countv participation.
Criteria for designating lands as Tier III:
. Isolated upland habitat fragments ofless than half an acres
I E This revision eslablishes the criteria and mapping protocol for mapping of upland native vegelation 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~truthffig 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. [9J-5.013(2)(c)9]
Policy 205.1.3
The County shall enter ground-truthed upland native vegetated area location and
evaluation data into the GIS and use the GIS to analyze the data and prepare Tier
Zoning Overlay Maps for adoption as required in Policy 105.2.2. [9J-
5.013(2)(c)9]
Policy 205.1.4
The GIS will be used to evaluate the lands designated in the different Tiers.
determining vacant, platting and ownership status. zoning, and appraised values
for acquisition planning. Vegetation data shall be plotted on the GIS at a scule of
1 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 ;\udubon Society (Research Department). [9J-
5.013(2)(c)9]
Section 16. Amend Objective 205.2 as follows:19
Obiective 205.2
To implement Goal 105 of this Plan and the recommendations in the Florida 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
]9 This revisions provides direction for the WR amendments implementing the Tier system and removing the requirements for an
HEI.
pccomp plan-Envir.Amend Page 140[20
values of upland native vegetated communities, including hardwood hammocks and
pinelands. [9J-5.012(3)(b)1; 9J~5.013(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 'shieh shall include, at a minimum, the following:
1. a ',vritten methodology for completing the HEI;
2. requirements for integrating data regarding the historic sightings of rare and
endangered species and critical nesting/feeding nreas for birds; and
3. evaluation criteria which will better differentiate high, medium and 10'.'1
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 individuals v/ho participated in development of the existing HE!
methodology. The comprehensive plan shall be rnnended to include the HEI
reVlSlOn.
Policy 205.2.2
Upon adoption of the Comprehensive Plan, Monroe County shall implement the
Permit Allocation and Point System. Monroe County shall discourage assign a
negative point rating to developments in Tier I which disturb to protect areas of
native upland vegetation. Sites haying high quality native upland vegetation shall
receiyc 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 ,as follows: Clearing of upland native vegetation
20 Clearing and open space requirements are now based on the Tier designation, an HEI will no longer be used because the mapping
has been done up front of all quality harrnnock areas. Clearing will be reduced over-all.
pccomp plan-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 Permitted Clearing
Tier I 10%
Tier II 40%
Tier III 60%
1. high hammock
high quality 0.80
moderate quality 0.60
low quality 0.40
disturbed 0040
2. low hammock
high quality 0.80
moderate quality 0.60
low quality 0.40
disturbed 0.40
3. palm hammock 0.90
4. cactus hammock 0.90
5. pinelands
high quality 0.80
10'." quality 0.60
disturbed 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 Land Development 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 deyelopment area. 21For applications
that receive points for lot aggreeation 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.
pccomp plan.Envir.Amend Page 16 of20
l 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 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:t hereby
incorporated by reference as a base line for the tYpe and extent of habitat on a
parcel. The 1985 maps shall be supplemented by recent aerial photography and
existing site analysis to determine any increases in the amount of upland native
vegetated areas. include a disclaimer statement to advise the public that the maps
are generalized and that habitat designations are subject to '/erification 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:23
Objective 205.5
Monroe County, together with private, state, and federal agencies, shall establish a
program for acquiring undisturbed:M native upland habitat to implement Goal 105 and the
recommendations in the FKCCS. (See Future Land Use Objective 102.4 and related
policies). [9J-S.OI2(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 Olanging to the existing conditions on a property rather than the conditions in existence in 1985 will increase the protection of
habitat areas by including "new growth" which is not currently protected or analyzed in the HEI.
23 This revision establishes the acquisition program required to implement Goal 1 05.
24 Regrowth areas are now maturing and should also be protected.
pceomp plan-Envir.Amend Page 17 of 20
Policy 205.5.2
A list of priority native upland habitat acquisition sites in Tier I'shall be drafted
and updated reviewed annually. This list shall be developed by Monroe County
in consultation with representatives of I>>tR:, 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 '.vhicb:
1. are determined to be high quality habitat and are designated in the Tier I
o'lerlay district(through 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 v{ithin 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 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 and critical nesting/feeding areas for birds. The
HEI shall be revised to include, at a minimum, the following:
1. a '.vritten 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 rC'liew by experts in
terrestrial and wildlife 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
pccomp plan-Envir.Amend Page 18 of20
,
I Upon adoption of the Comprehensivo 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 which is adopted by reference in
this Comprehensive Plan, shall 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, tho follo\ving:
1. a '.vritten 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 '.vill better differentiate high, medium and low quality
habitat
Before adoption, the revisions shall undergo scientific peer revie".'l 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. (See Policy 205.2.1.) [9J 5.013(2)(c)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 BOCC, 1990), and '.vhich is adopted by reference in
this Comprehensi':e Plan, shall 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 following:
1. a '.'.'Titten methodology for completing the REI;
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 '.'Iil] better differentiate high, medium and 10\v
quality habitat.
Before adoption, the revisions shall undergo scientific peer review by experts in
terrestrial and wildlife ecology. To the extent possible, the reviewers shall
include those individuals who participated in deyelopment of the existing HE!
methodology. (See Policy 205.2.1). [9J 5.013(2)(c)3]
pccomp plan-Envir.Amend Page 19 of20
.
Section 19. Delete Objective 1201.13:26
~
Obiective 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.) [91 5.014(3)(b)1 and 2]
PASSED AND ADOPTED By the Planning Commission of Monroe County, Florida at a
regular meeting held on the 16th day of November, 2004.
Chair Lynn Mapes YES
Vice Chair Denise Werling YES
Commissioner David C. Ritz YES
Commissioner Julio Margalli YES
Commissioner James Cameron YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
Lynn Mapes, Chair
Signed this ~ day of ,2004.
26 The Natural Heritage and Park Program has been removed from the Comprehensive Plan.
pccomp plan-EnviLAmend Page 20 of 20
.
I
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION
DEVELOPMENT REVIEW RESOLUTION NO. D~23-04 .
~
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE
RECOMMENDING APPROVAL TO THE MONROE COUNTY PLANNING COMMISSION
OF THE REQUEST BY THE MONROE COUNTY PLANNING DEPARTMENT TO DELETE
REQUIREMENTS FOR AN HEI, REVISE THE OPEN SPACE, LAND ACQUISITION,
MANAGEMENT AND GIS MAPPING REQUIREMENT TO IMPLEMENT GOAL 105 OF
THE 2010 COMPREHENSIVE PLAN AND THE TIER SYSTEM BY DELETING POLICIES
101.4.20, 102.9.5, 102.9.6, 103.2.2, 207.1.2, 207.10.5, 207.12.6 AND OBJECTIVE 1201.13.
REVISE POLICIES 101.4,22, 101.14.1, 102.1.1, 102.4.1, 102.4.2, 102.4.3, 102.4.4, 102.4.5,
102.4.6, 102.4.7, 102.7.3, 102.8.1, 102.8.5,102.9.1,102.9.2, 102.9.3,102.9.4,103.2.1,205.1,
205.1.1, 205.1.2, 205.1.3, 205.1.4, 205.1.5, 205.1.6, 205.2.1, 205.2.2, 205.2.6, 205.2.7,
205.2.14, 205.5.1,205.5.2,207.1.2 Revise Objective 102.4, 102.9,201.1,205.2 and 205.5, OF
THE 2010 COMPREHENSIVE PLAN. REVISE DIVISION: ENVIRONMENTAL
REGULATIONS OF THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS
BY DELETING EXISTING SECTIONS 9.5-336, 9.5-337, 9.5-338, 9.5-339, 9.5-339.1, 9.5-
339.2, 9.5-339.3 9.5~340, 9.5-341, 9.5-342, 9.5-343, AND 9.5~347(C) HABITAT ANALYSIS
AND OPEN SPACE REQUIREMENTS AND CREATING NEW SECTIONS 9.5-336, 9.5-
337,9.5-338, SECTION 347(C) AND SECTION 347(0) AND REVISING SECTION 347(B)
TO REQUIRE AN EXISTING CONDITIONS REPORT INCLUDING A VEGETATION
SURVEY, REQUIRE A GRANT OF CONSERVATION EASEMENT TO PROTECT OPEN
SPACE VEGETATION AND LIMITING THE CLEARING OF NATIVE UPLAND
VEGETATION DEPENDENT ON THE TIER SYSTEM DESIGNATION.
WHEREAS, the Monroe County Development Review Committee, during a regular meeting held on
September 9, 2004, conducted a review and consideration of the request filed by the Monroe County Planning
Department to delete policies and objectives that make up the requirements for an HE!, the open space
requirements, land acquisition & management and the requirements for GIS mapping to implement Goal 105 of
the 2010 Comprehensive Plan and the Tier System.
WHEREAS, Goal 105 provides a framework for future development and land acquisition for the next
20 years that considers the carrying capacity of the Florida Keys, reduces sprawl and promotes sustainability.
WHEREAS, Tier Maps were developed following the criteria in Goal 105, utilizing computer mapping
(GIS), identifying areas appropriate for additional development and those, which are important environmentally
and should be preserved.
\VHEREAS, 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
f 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 ] 986 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 ROGa and NROGO. The HEI is a subject of continuous controversy, is accused
of being subjective and since based on 1986 maps, does not take into consideration re-vegetation over the last
twenty years.
WHEREAS, The proposed ordinance removes the requirement for performing an HEI from the Plan
and Code. Instead habitat quality and permitted clearing is based on the Tiers. Tier I receives "0" points for
TOGO and clearing is limited to 10%. Clearing of habitat in Tier II is limited to 40% and Tier III is limited to
60%.
WHEREAS, regulatory requirements in the proposed LDRS include an Existing Conditions Report, a
Conservation Easement on upland native vegetation and use of the 1986 Habitat Maps as a baseline to assure
unlawful clearing has not/does not occur.
WHEREAS, In addition to changes to implement the Tier system, the Comprehensive Plan
amendments also address the requirements for a Land Acquisition Master Plan.
BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, to
recommend APPROVAL to the Monroe County Planning Commission, of the amendments to the 2010
Comprehensive Plan to implement Goal ] 05 and the Tier Overlay System,
I
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.
May 17, 2005
Board of County Commissioners
Public Hearing
Public Hearing- Procedures
. DIsctJss and make a ~n on each staff recommendation and
~~~~::::t=':~ ='::~prehonslve
. At c:ondusion of hearing, the Board wi" be asked III approve by a
single motion the dodslons It roached and direct stall to make
revisions III the dralt ordinances for Its consideration at the June public
hearing In Marathon
. Anticipate that BOCC will approve the two comprehensive plan
lI:J!WnlIlal resolutions at the June public hearing,
Public Hearing- What Will and Will Not
Be Approved Today
. No ordinances or resolutions ore to be apPl1lved lDday.
. No ordinancas wHI be adoptad by the Board untll alter Iho County has
raceivod review comments from DCA,
. Tier Overlay District Map win not be &pproved untillho very end of Iho
adoption process and after the staff has completad further surveying
and grouncl-lN1hIng of pl1lpertles, [September 2005 at earliest]
1
.;pl'\
r 0
<Y
Recommendation: Increase Feds and
State Financial and Legal Involvement
. CreBbJ PolIcy 6 of /he Comprehensive Plan atatlng /hel "'I /he
Cowty'. policy to use Its fIJ/ _ora and ""'0'''''', through Its Federal
and State 'eprosenta/ivos and courts of compotont jurlsdlclkJn 10 bring
/he.. entities In as a "Ihkd pwty" and fIJ/ plr//c/panI in any I/tigaIion to
ImpIoment Federal/Stale mandates, (i!'
. Boord Oeel.to.,. p-/ ~ J c.', v' ~
'(<'
Tier I Options - Option 1
. RetaIn assignment of "0' points under ROOD
. Pro-
Mokoo II dllllcUt III deYoIop In Tier I
- E......lignl/icant_ d rntigoIlon J dowlopod
- A_ _ d bUI... end "aocondory" i_In FKCCS
- R___lillepainlo..,. oconldon .....y_
. Con-
- A...nla '0" poinla Ill" I0Io ....., Ihooe _ -..g upiIInd hobllot or
- opocioo
Ro_ COflCllfT18 thot tho nogotiwo point dllf_l_ Tier I end III
would ltIpI1IMI1Ie -de 'ac:tc:f taking for some properties
Tier I Options - Option 2
. AsaIgn '+10' points to r,., I under ROOD
. Pro-
- =-:thoCountyI _.1-...10 Ialdngo _thon
- StIII"'llirwdedk:otiond51o1oIobealpo,_norllllololllmeollhe
mitlgotbn end min_ ~_ d tho Tier System
. Cor>-
=:;~~~~=:'-""h"viIy
~~:?.::'~~~'_'end'rnltJgation"
~~::~='=.~~~~~.-
many property owners fioin the process
2
..,
~.o
~
Tier I Options - Option 3
. Assign '+10" pc/nts to r.... t under ROOO, but place .... 00 number 01
annual aI/ocaIioos that can be awarcJed in T7er I to '6' ('3" each in UK
and UQ
. Pros-
- Some ed..ntogeo os 0pII0n 2, ... """ on._ """" ~
.- millglltlon and mininizatlon oIljectNM than 0pII0n 2
. Cons-
Ha...med--,,- a. 0pII0n 2, ... __~... turIhar
minimized by the ClIp on 8nt'U11 ~
~!he propoood - SyaIem " J \ 112.--
r '/ (J
",0
Tier I Options - Option 4
. ~":!; '+I~7,/'f-::r = ~':.::':ttfl ~nts
Pfotect:t'$pec;es depicted 00 the "tl~~'s Endangered and
71lreatened Plant and Animal AI",;W;;;'~KCCS
. Pro-
Add,... __Jcn.s d UIlignIng -+10" to.. Tier properties
- :,~""= mltigation___, proportloowilhoutlho ~
- =~"~~~~"::'u~~,
. Con-
=-n::=~=,"," onoughlo_..____
- SIightIy_OllInp/<Ildlyaf_
-~
Recommendation: Option 4 for Tier I
. AaIgrr '+10'poInts to T7er I under ROOO, but apply '.10'pc/nts to
any __nt proposed within a habitat 01 a prOIec/ed species,
. Board Decision:
3
t-
t,~
,'d-
')'
Tier II Options - Option 1-Modified
. ~ '+30' paIn/s/o both TIers 1/ and 1/1 under ROGOI4nd HmIt
cleWing 01 upland native habitBt /0 a maximum 0140% ~ 3, 000 square
feet, whichever Is greater,>
. Pro-
EIlrrin.... oppolMlan Md oancems of Tlwll property___
- :=c~,.: r.:: 1~)"ec""Mztnt oIa.nd under fl. T... 8""(1...,
- UmitI.....9o but"owldn MII'IIctenI......1e ..... for ~t 01....1..
. Cor>-
Islncon.-tInt wMh 00eI1OI br -..cour.... ......."1 01.1.... InrtI ...bch.....
;.~c::;:':.-:::.~"*t,~'-:.ncc:=:r~~""' -::
recornmen.1iona d FKCCS
M.y ~ r....... to CUlT" HEI .. prolecWd ...... ~. and IMlr
IlppUc:don 10 uPand n......... .... for lncOfJlDrMlon In ROGO ICOIWlGl.~
u.r ftCII: be 1UppcH1ed by DCA..:I _1 work.... Oovemar McI CabmM IUpport
0( *IIftRu" _ .......
Mev rMuce incenlw to ~ Tier "'" to ~ .. ftey...._ to cIeYeIop
Tier II Options - Option 2
. :~ ;:;;:rC':::::/xisting app//caIJonsln TIer 1/ /hat h/Nfl received
. Pro-
- P-oqlilllblo_forl'ftlPOllyownorolholmode_
d_ _ an....... _ ocoring
. Cor>-
- ~~~~II':.t"Wr:===~_
gR>WIh In TIer U....
Tier II Options - Option 3-Modified
. Assign '+30 points 10 TIer 1/ under ROGO and asaIgn '-5'fJJ&ts 10
~~ ~==-lOclear"""" /han ,000square
. Pro-
- ~~':'~~In,==--
roqu_oflhe TlerS,,"omlhot hs...loil., DCA _Io.nd N,Q,V,
- Doss not _1Ize propertieo Ihot do not.- to _, uplond nsIi... _
. Con-
- ~:::'~::~J~k>lad~~:n;-Jli=:':'"
and l'8duee development rights In r~ .....
e
o
~
f'l\V
t-'\I?
wi C(\\tna.. -;:'\ 01\"1
'\ U~..( 1. ~ 1.._
~
d.. -,,;>
4
Tier II Options - Option 4
. AS8ign "+26 points 10 TIer /I under ROOD
. Pro-
=~'II'=I~~~~~:::':
==~~~O:-bIolhon TIer II by keeping. point
- ::=,:,~::,r~~~~nn:~
yeoraln tho .,...,.
. Con-
- =~~~io~~=-~=
SjOIom
Tier II Options - Option 5-Modified
. Assign '+26 points to TIer /I under ROOD and!ll$lgn "-5" points 10
app//calion. proposing to clear mae titan 3.000 sqUat'll feet of upland
native habitat
. Pro-
- ~==''''::t..:/:::J.a -:"==:IlIng~=-~:=1lN
1qU" '-l: or mora d uJ:Und nail". f1..... wNch is mora con.~ wHh
"*'imIZ11t1On 8I'ld mlttglltion requiremenla af.... TIer System
- RlIC:OgnI............, Tier.. loll .. 5,000 .......
. Con-
CompIIcoteo IIIghlly tho __ dtho TIer Sl'II"
- =~"'::.~":;:~~""o,~=~l'=::'lod
Recommendation: Option 5 (First
holce) and Option 4 (Second Choice)
. FIrst Choice: AS8ign '+26' points to TIer 1/_ ROGD and aS8ign
'.5' points to II(Jp/IcsIiom proposing to clear mae titan 3,000 Sl/UBrIl
feet of upland naif.. h_
. Second Choice: Assign "+26' points to Tier II under ROOD
. Board Decision:
5
. "..." ""~ CfI'"
. ....
- =~==.=.~=:=~--
- ,.,...... In ....... ...........In -..... ....... ......
. Con-
~....-.........Ift~~
er.-...........................___
er.-.......... for__
...,......................... CCMIIy........--.-. rW*.......
---
...................,.............. n.. N............. ill...............
~=-=:.~~-:.-:=-.....,.,...,.........
Eliminate Lottery
fl /t-' r
/ 1 !It<<
{/
Y"Y'
~ ov--\
. ElIminate the IoIlety option
fl.-/ ~ ,
. Board~:
Lottery: Retain Eligibility of Tier I
Properties for Lottery
. - lIIe oofglIMWyol n..., __""lIIe ilftwyopl/on __ /fOGO
. -
- Prow..... edIttIclrllll JRI-*onfOl eoun__In..,......... "tIIIUng.cWmI.",..
~ ~-=:::::m opporUll__lo MCU... 1ft IlHocdon ...-d will .... paIrItI
. Con-
"1IY~..In....nt In ~gfotROGOOIlNIIIInepropMy topublk:-c/MIC_
IncrMMtg 1M ~ .,..1IitIon co... for .... prop.rIIn
~~bra..;rl~~furl'i. prat.clonhm '1IIklnpd."'*."....
~~:-..:.=~~.~1I:=.:'~~=:v::~
.,....... 11_ being alCCntful in the ~1tIv. splern
6
ecommendation: Keep Tier I Eligible
or Lottery Subject to Conditions
. Retain TIer I propet1Jes under ROGO oIIgIbIe for lite IoIlery ../tillite
following condltJons:
A""....". muel be lor e /egoiIy,-- URMIS lot _ 300 fool of FKAA
- -- - obuIfinJI-" CooMl/yar S_rood
A""....".muot~e__of.+22"poinIo__
'+30 poinIo" to be oI/gIbIo lor Io/Iory
AppIcoI/on muot not _~.. e P<oIot:Iod IpfIdeohobitot
A.._of.....,., eporm/l__"",Io/Iory_
-wm"'be~to~.~~of""'~~
"/IOIodJn/t;o/~_arHCP
Pf<<:e.. ""'''"11' on lite namber 01 ~.. TIer I thai can N
--.. "'" Io/Iory.,-. to 2.. LA>er K.,._ 2.. L__ Keyo
._~:
in the Provisions on
hare of Allocations and Annual
Increase/Decrease
. RfllaIn lite exiS/lng provisions _.:.:y, lite 1_ shl/f8 of IIIIoc8/Iona In
~'::l.~= ~.w"~/he annual inae~ase /0
. Pro-
=~-:=::':'for~-:r~".ionnu::-,~,=:=-
IanotundemWled
- :::::'''':~:.-r~~=::=...~~~u"
.-.
. Con-
Ha no ~""'"" up Ol'l !he 1ft.. d.tocel:iaM .,d has potM... for I4gnficMl:
c:Mnon infMlmber cl8nnU. "OCItions lnIlyCHII.loI"ICen.lntyfor
con.tw:tIclnt~opmentc:orrmunllW'
Mey redYc;e wlIIngn.. 01 property' own.-a to cMdIr:... or H111he1r propmy fer
::::v::.:-or:--" to unc....ty ClMted by **-I1Imlta on cNinge. in
=:,=:::;.nu~.'1o,~.,,===~~~~~..1Mft)'
IlppllcMtawllh non~ItI'f. ~.,.,. to forego com.....,.."
Recommendation: Set Max Limits and
Reduce Annual Change Rate [Revised)
. Set a nI8ltimum cap of 30% of /he total marllllt rate aIIocaIIons
av~ for /he lottery system and reduce /he parcentage annual
change ... a _n In /he number oIlo1lery aIIocaIIons /0 only 20%
_lhanlhe~5O%
. Board Declslon:
7
Purchase of Points: Retain the
Provision for Purchase of Points
· ':::R~~wf:"~';l/tr..~~Jl/.J:/f'o:
fund
. PIO-
Prow'" _ mech..iun to h.ep....... lie....... cod to pul'cM" IMd for
ct.d~ r~frorn __sed dInWld Md......YItion by Inv.oa.
- =~r:.~C:::KCnIun_ROOOlNttwlllprowk6e~.
_ M__..... o,Ian ......... to....~ Iwwln, nwtH ~ IMd for
dldlcalllon ""_ ROGO
. eon.
R.......LMClAuItorlty to..,.nd I. own ~...~..,d.....1Md
Nth<< "-1M IIWkIll pi....... tI. case ,,"del tMd......
- :::- ~C:w~:::IU':='- =:o.r':::=::':''::Yaf~~ lhe
--
atlon: Retain the
Provision for Purchase of Points
[Revised]
?
. _the prcNisJon for _Ing the ptnhase of.., 10 ~nts
In /fie ROGO wlft> payment 10 the CoonIy'. Land "'cqui. F;;;d'and
revise point cost determine/ion 10 be at least 150% of /fie average
.......dOd value of lXfve/ely-<>wned _IS and URM lots.
-;?'nn "~
~Ion: }..,u-\P ~
c~ \l-Ol~c {'J~
Recommendation: Provide Additional
esting for Non-Residential Properties
. Revise the proposed language 10 _ lawfuHy established non-
re_eI uses 10 be assigned +20 points (e,l1.. same .. r..... III)
under NROGO; If such use is within a riel' ,.....8, such assign_I will
be contingent upon no Rrl/rer clearing 01 upland nattve h_ and not
addition 10 ancIIor expansion of /fie existing /01 or parcel upon which
/fIeUse'S'ocatecl~\ \l- ~ \
. Board Decision: tJ i) l "-
"
'fC'c,
'fY' (, -:. c~
8
ecommendatlon: Increase Points for
arket Units In Mixed Projects
. lnaease /he tlWard for market rate 1IIi/$/n a mixed project
(aIford~markel rate 1IIi/$) from /he propoaed '+3' po/lI/s to '+6'
po/lI/s ~
. Board Decision: ff-. / f0 \ v ~ V ,L ~
r
Other Changes and Board Action
. Any olher changes?
. The stall_to that tha Board approve a motion inoorporalIng the
clllci-.s reachad '>day and directing slllll" m_ reYislons " tha
approprtaltl ordinances lor oonsl_ by the Board at the continued
public haartng In Kay Largo In Juno; and Ihat the Board continue lhIa
public haartng "Juno 16, at 9:00 8.m, In MarattwJn,
Public Hearlng- What Will and Will Not
Be Approved Today
. No ordInancas or rosolutions are" be approved today,
. No ordinances win be adopIad by the Board until after the County has
_ review comments from DCA,
. Tier 0ver18Y District Map wi. not be approved until the very and of the
adoption process and after the stall has completed further suveying
and 91'OlJ11d.truthlng of properties. [Saplember 2005 at earliest]
9
County of Monroe
Growth Mana!lClIIcnt Division
2798 Oversea.'! Highway
Suite 410
Mal'athon, Florida 33050
Voice: 305.289. 2500
fAX: 305.289, 2536
Board of County Commissioners
Mayor Dixie Spehar, District I
Mayor Pro Tern Charles "Sonny" McCoy. District 3
George Neugent, f}istrict 2
David Rice. District 4
Munay L Nelson, I)ish'icl 5
MEMORANDUM
TO:
Board of County Commissioners
FROM:
Timothy J. McGarry, AICP /'w1
Director of Growth Manag~~tt
DATE:
April 29, 2005
SUBJECT:
Public Hearing on Comprehensive Package of Amendments
to the Comprehensive Plan and Land Development Regulations
for Implementation of Goall 05 - Tier System
INTRODUCTION
Overview
At its March ] 7, 2005, public hearing and workshop, the Board agreed that each individual
Commissioner would send comments and suggestions [contained in April agenda package] on the
Tier System to the Growth Management Division for review and analysis. Ba..,ed on these
comments and suggestions and Board and staff dialogue at the March public hearing, the staff was
directed to prepare recommended options tor further revisions to the proposed Tier System for
consideration by the Board at its April 20, 2005, public hearing.
On April 20, the Board continued the public hearing until! :30 p.m., May 17,2005, in Key Largo.
Since that public hearing, the staff has further refined and revised its recommended options to the
proposed Tier System.
Purpose
The purpose of this memorandum is to provide a framework for conducting the public hearing(s)
on the proposed ordinances by providing specific recommendations and options tor further
revisions to the draft ordinances in a structured manner that will facilitate the Board's decision
making on this complex set of ordinances. As addenda to this memorandum, the staff's responses
Page I of 12
to Commissioner's comments and suggestions and a staff evaluation of Mr. Ed Swift's requested
changes to the Tier System are present in Attachment A and B respectively.
Public Hearing Procedures and Outcome
The staff is requesting that all the ordinances, including the transmittal resolutions be heard
concurrently, except for the ordinance approving the Tier Overlay District Map, be held
concurrently. The ordinance approving the Tier Overlay District Map will be held after the tirst
six ordinances are heard.
The staff is requesting that the public be allowed to speak before the staff presentation to the Board
on the ordinances. No staft' presentation is proposed on the Tier Overlay District Map.
In the its presentation, the staff will go over each set of reconunendations and options with the
Board. It is the statf's intention for the Board to make a decision on each of these remaining
policy issues at the May 17, 2005, public hearing. Based on the Board's direction, the staff will
make necessary changes to the draft ordinances amending the Comprehensive Plan and Land
Development Regulations.
The staff intends to come back to the Board with final draft ordinances at the June 15 or 16, 2005,
public hearing. Due to the length of these hearings, the staffis recommending that the June public
hearing be scheduled for 9:00 a.m. on June 16, following the regularly scheduled Commission
meeting on June 15.
At the June public hearing, the Board will be asked to give its approval of the two resolutions for
transmittal of the two ordinances amending the Comprehensive Plan to DCA for review and
comment. None of the ordinances amending either the Comprehensive Plan or the Land
Development Regulations, including the Tier Overlay District Map, will be adopted until a.fter
DCA has reviewed and commented upon the draft amendments to the Comprehensive Plan.
TIER SYSTEM
RECOMMENDATIONS, OPTIONS AND DECISIONS
This section has been structured to facilitate the key decisions that the Board has to make on the
remaining outstanding issues regarding the finalization of the proposed amendments to the
Comprehensive Plan and Land Development Regulations. To that end, the staft. has grouped the
key decisions needed to be made by issue area based on the Board's discussion at the March 17
meeting and written comments provided to the Growth Management Division subsequent to that
meeting. Additionally, the staff has added two new issues with recommendations that have come
to the staff's attention since the March and April meetings.
Not included in this memorandum are any issues or provisions in the ordinances on which the
Board has not voiced disa!:,rreemcnt, such as the proposed limitation on the number of
Page 2 of 12
administrative relief awards. However, should any Board member believe that further discussion is
necessary, the Commissioner needs to bring the issue to the Board's attention at the May meeting.
Issues from March Mcetine:
Increasing Federal and State Legal and Financial Involvement
Background: At the March 17, 2005, public hearing, the Board raised concerns about the
mandates being placed on the County by the Federal and State governments without
sufficient funding. More importantly, the Board voiced its unanimous concern with the
general unwillingness of the Federal and State government to fully participate in the legal
defense in the "taking claims" and sharing in the cost of this defense resulting from the
County implementing these mandates. The Board directed staff to prepare an amendment to
the Comprehensive Plan that memorializes the Board's position on this significant issue.
Proposed Revision: Amend the Comprehensive Plan by creating Policy 6 that states the
policy of Monroe County to use its full powers and resources through its Federal and State
representatives and courts of competent jurisdiction to bring the Federal and State
govennnents in as a "third party" and full participant in any litigation arising from County
actions to implement the mandates of the Florida Keys Carrying Capacity as set forth by the
Florida Administration Commission in this Comprehensive Plan and Federal Endangered
Species Act.
Stqff Recommendation: The staff recommends approval of the proposed revision.
Board Decision:
Tier I Points
Background: At the March 17,2005, public hearing, the Growth Management Division's
Special Legal Counsel indicated his conct.'111S about the point differential between Tier I and
III properties. He stated that the differential of 30 points may be too excessive as applicants
could claim that without significant investment it would be fruitless to enter into ROGO,
which they may ar!,7Ue is a de facto "taking". The current ROGO scoring system, where
applicants can receive significant negative points, has given the County Special Legal
Counsel's concerns.
The issue in addressing points is directly related to balancing property rights with public
objectives for environmental and habitat protection. Therefore, any increase in points to
address property rights issues ("takings claims"), must be carefully weighed against the
ramifications for undermining the protection of environmentally sensitive habitat and
protected species and public policies to direct development to infill areas.
A directly related issue has to do with the Tier System's stated objectives in simplifYing the
current regulatory system and making it more transparent for property owners. However, if
Page 3 of 12
layer upon layer of scoring modifications are needed to be applied to correct probl<">J11s with
the classification of properties into three tiers, the system becomes more complex and less
transparent.
Options:
1. Retain the exiting assignment olD points to Tier I under ROGa.
Pro- Retaining the existing assignment of "0" points makes it more difficult
for development in Tier I and ensures significant mitigation in the form of
land dedication. In addition, it addresses the issues of "buffers" and
"secondary impacts", which are not addressed in the current system, but
need to be addressed a.I, recommended in the Florida Keys Carrying Capacity
Study. In many cases, properties that currently receive a significant number
of negative points due to the presence of several protected species \vill be
more competitive, further reducing potential ''takings claims".
Con- Although some Tier I properties may benefit from the new point
system, compared to the existing ROGO point system, other properties
which have less existing upland native habitat andlor lack the presence of
endangered species would be more adversely affected. Concerns have been
raised that retaining the significant point differential may be considered a de
facto ''taking'' for these properties as they would make prohibitive to be
developed.
2. Assign + 1 0 points to Tier I under ROGa.
Pro- An in("'Tease in points assigned to Tier I would make it less difficult to
be awarded an allocation to receive a permit for development, which reduces
the County's liability to potential takings claims; however, it will still
require the property owner to dedicate at least 5 lots to be on par with Tier
III properties. [Note: For Big Pine Key and No Name Key only a 20 point
differential exists between Tier I and III designations.}
Con- The appl ication of + I 0 points increases the likelihood for development
in Tier I of many properties that are now heavily penalized by the presence
of protected species and upland native habitat. This impact on the proposed
system makes it a less satisfactory than the currently proposed assignment of
"0" points in meeting the minimization and mitigation (dedication of lots)
requirements of the Tier System. A question that is still difficult to answer
is whether or not the need to dedicate five l.ot8 to be on par with Tier III
properties (estimated to cost at least $150,000) is cost prohibitive,
excluding many property owners from getting a permit.
Page 4 of 12
3. Assign +10 points to Tier 1 under ROGO, but place a cap on the number of
allocations that can be awarded in Tier I to 6 (3 in Upper Keys and 3 in
Lower Keys,
Pro- This option has the same advantages as those for Option 2, but the cap
placed on the number of allocations would more satisfactorily achieve the
minimization and mitigation requirements than Option 2. A similar cap
exists on the number of allocations in Tier 1 for Big Pine Key and No Name
Key.
Con- The disadvantages of this option are the same to those for Option 2,
but are further minimized by the caps placed on the number of allocation
awards in Tier 1.
4. Assign +10 points to any application in Tier I under RaGa, but app~v -10
points to any application that proposes development within a habitat of a
protected species (Le" endangered/threatened and State protectedjas
depicted on the County's Endangered and Threatened Plant and Animal
Maps and Florida Keys Carrying Capacity Maps.
Pro- The assignment of -10 points to any application proposing
development within a habitat of a protected species addresses the problem
that results from increasing the points for all Tier I properties to + 10. Under
the current system, these properties are heavily penalized as negative points
are cumulatively assigned based on the number of endangered/threatened
species and quality of native upland habitat. Even with the assigning of +10
points these properties will still be marc competitive than under the current
ROGO system; however these negative points ensure that such properties
will provide more mitigation than required for other Tier I properties that
lack these indicators. It will further erode the case for making claims that
may be made under the current ROGO system, which assigns a signiticant
number of negative points to these properties. It should be further noted that
the presence of protected species is a very good surrogate for the presence of
the native habitat that needs to be protected.
Con~ This option does not penalize some properties enough and makes it
still too casy to obtain an allocation in Tier 1.
StafjRecommendation: The staff recommends Option 4:
Board Decision:
Page 5 of 12
Tier II Points
Background: At the March 17th public hearing, a significant amount of discussion
concerned the scoring of Tier II properties in ROGO. The consensus of the Board was that
the proposed scoring differential of 10 points was too severe; therefore, retaining this point
differential is not an option under consideration. The scoring for Tier II needs to
appropriately support the objectives and policies of Comprehensive Plan Goal 105 and
more equitably and fairly reflect the real environmental and policy differences between Tier
II and III designated properties.
Options:
1. Assign +30 points to both Tier I and II under ROGa.
Pro- The elimination of the point difference between the two designations
will reduce much of the opposition to the Tier II designations and simplify
the system. Development in Tier II will be further restricted through
application of stricter clearance standards than Tier III.
Con- The elimination of the point differential would be inconsistent with
Goal 105, as it would further encourage development outside of infill
subdivisions. In addition it would benefit many properties that would receive
negative points under the current system due to habitat; therefore, it does not
appropriately support the mitigation and minimization requirements of the
Tier system. It will the County to retain and revise the current HEI. This
option is not likely to be supported by DCA as indicated in the testimony of
the DCA representative at the April public hearing.
2. Assign +20 points to Tier II under ROGO. but expand vesting by awarding
current applications in Tier II that have received a + 1 pointjor habitat +30
points. [Note this option may be combined with other ones.}
Pro- This option provides an equitable solution for those property owners
that made their investment decisions based on the existing system rules.
Con- The option doesn't comprehensively address the policy issue
concerning the point differential between Tier II and III designated
properties that have been cited by Commissioners and staff and ignores the
tact of new upland habitat growth in these areas.
3. Assign +30 points Tier II under ROGO. but apply a -5 points to those Tier
II applications that propose to clear 2,500 square feet or more of upland
native habitat.
Page 6 of 12
Pro- This option addresses the concerns raised about encouraging
development in upland native habitat inconsistent with the mitigation and
minimization requirements of the Tier System that has led to appeals of
permits by DCA and a Notice of Violation. [The assignment of -5 points is
the deduction made under the current regulations for a moderate quality
habitat. ]
Con- The downside to this option is that it treats the majority of Tier II lots
similar to Tier III, which is inconsistent with Comprehensive Plan Goal 105
in that it encourages development outside of infill (Tier III) subdivisions.
4. Assign +26 points to Tier 11 under ROGO
Pro- This option marc appropriately and equitably recognizes the
differences between Tier II and Tier III properties than the current point
differential, but at the same time makes Tier III properties more desirable for
development, consistent with Comprehensive Plan Goal 105.
Con- The only downside is that aU Tier II properties are treated equally
even those with upland native habitat that must be cleared, which works
against mitigation and minimization requirements of the Tier System.
5, Assign +26 points to Tier 1l under ROGO. but apply -5 points to
applications proposing to clear 2.500 square,jeet or more of upland native
habitat. [Revision of option presented to Board at the March 11" public
hearing.}
Pro- This option improves on Option 4 by not treating all Tier II properties
equally in that only properties with upland native habitat that propose
significant clearing are penalized, which is more consistent with the
mitigation and minimization requiremt.'tlts of the Tier System than Option 2.
Con- This option makes administration of the Tier System slightly more
complicated. It automatically assumes that a "moderate quality" upland
native habitat exists on any property requiring clearing of more than 2,500
square feet, which may not a fair and equitable for all situations.
Staff Recommendation: The staff recommends Option 5 as the preferred option: assign
+26 points to Tier II, but apply a -5 points to applications proposing to clear 2,500 square
feet or more of upland native habitat. As its second choice, the staff recommends Option
4: assign +26 points to Tier II. [Note: After further analysis conducted since the March
public hearing, the staff is no longer in a position to support Option 3, as it assigns the
same ROGO point value to both Tier II and Tier Ill.]
Board Decision:
Page 7 of 12
Lottery
Background: At the March 17th meeting, the staff receivt.>d no clear direction from the
Board concerning the lottery, although subsequently it did receive written comments from
one Commissioner opposing the lottery. The County Special Legal Counsel did point out
that a lottery may serve a valuable legal purpose in defense of "takings claims" by
providing an additional avenue for applicants to obtain a permit. The proposed
amendments to the Comprehensive Plan would authorize, but not require the Board to
establish both a lottery and competitive system.
As proposed, the lottery would only be available for market rate applicants and not for
allocations in Big Pine Key and No Name Key. To be eligible, the application must meet
the minimum number of points assigned to Tier III properties (i.e., +30); and must be the
only application entered into ROGO by an individual, entity or organization. Under the
proposed system, an initial of 20 percent (24 allocations) of the market rate allocations
would be available; the Board may annually adjust up or down the previous year's.
allocation available tor the lottery by 50 percent. The minimum share of allocation for the
lottery would be 20 percent of the total market rate allocations with no maximum limits
placed on the lottery's share of these allocations.
The decisions that the Commission must make regarding the lottery include 1) whether or
not to make a lottery available; 2) eligibility and conditions for Tier I properties in the
lottery system; 3) and limits and share of the market rate allocations to be made available
to the lottery system.
Retain the lottery.
Pro- The lottery alternative provides an avenue for households that lack the
financial resources to compete in the market system, but are not eligible for an
affordable housing allocation or not in a position to accept the conditions placed on
affordable housing allocations. The system is not intended for developers or
individuals who need certainty in the planning of their future residences. It provides
an additional legal defense in countering "takings claims".
Con- A lottery creates some uncertainty in the development process for
individuals, where certainty is desired. It creates additional administrative burden
and cost by requiring the County to maintain two separate allocation systems. The
lottery may be subject to abuse in that developers and contractors may employ
individuals to "front" for their applications.
Staif Recommendation: The staff recommends that the Board support a dual lottery and
competitive system.
Page 8 of 12
Board Decision:
Keep Tier I vroperties elifJible for lottery as vrolJosed.
Pro- The eligibility for Tier I applications in the lottery system provides an
additional protection for the County against "takings claims", as applicants have the
opportunity to secure an allocation award with less points than under the
competitive system, if the cost to enter the lottery system are not cost prohibitive,
which is an issue -see cons. (The staff believes it may well take at least two
additional lot dedications above the +30 point threshold for applications to be
successful in the competitive system.)
Con~ Being eligible for the lottery may make property owners less likely to sell
their properties to the public increasing the potential for development of
environmentally sensitive lands and increasing the acquisition costs of these
properties. If the +30 point threshold is retained to be eligible, it will reduce the
effectiveness of this option to "takings claims" and it is questionable that applicants
with the necessary financial resources would really make use of the lottery option
rather than the competitive system based on the marginal difference in relative costs
involved.
Even if the point differential between Tier I and III were reduced as proposed under
the scoring option for Tier I, applicants with less financial resources may make the
claim that the requirement to add 20 additional points (i.e., dedicating at least 5 lots
to the County) to be eligible for the lottery at additional cost of $150,000 is
prohibitive and effectively excludes tht.'lll from developing their property. Of
course whether or not these costs are actually prohibitive in terms of the high price
Keys market can not be known until tested in court.
Any option to make it less costly for Tier I properties to be eligible for the lottery,
must carefully balance the "property rights" objectives of the lottery system with the
need to discourage more development in Tier I, ensure the mitigation requirements
for these properties (in form of lot dedications) are not drastically reduced and to
further encourage property owners to dedicate their property for ROGO or sell their
property to the State or County for conservation purposes.
Sta:!}' Recommendation: The staff recommends that Tier I properties be made eligible for
entry into the lottery with the following conditions:
· The application shall be a legally platted URMiIS lot that is within 300 feet
of FKAA water service and abuts a paved County or State road;
. The applicant must meet a minimum threshold of +22 points;
Page 9 of 12
. The application shall not propose development in a protected species habitat
(endangered/threatened and State protected species) depicted on the
Threatened and Endangered Plant and Animal Species Maps and Florida
Keys Carrying Capacity Study; and,
. As a condition of its issuance, any permit authorized under a lottery
allocation award in Tier I, shall be required to meet the mitigation and
minimization recommendations identified by the U.S. Fish and Wildlife
Service in its technical coordination review.
. No more than 2 allocations in the Upper Keys and 2 allocations in the Lower
Keys will be annually awarded under the lottery system to Tier I properties.
Board Decision:
Retain the provisions establishinf! the initial share of allocations in the lotterv system to 20
percent and the annual increaseidecrease to 50% of the previous vear's allocation.
Pro- The proposed initial share of 20 percent per year for the lottery system is
considered a reasonable, but conservative first step in establishing the system. The
system provides flexibility in that the Board may annually raise or lower the share
of permits to the lottery system, but any increase or decrease is limited to 50 percent
of the previous year's total. If the lottery proves to unsatisfactory, the Board may
amend its Land Developmt,>Jlt regulations to eliminate its provisions without
needing to amend the Comprehensive Plan.
Con- The proposed language provides no maximum cap on the number of lottery
allocations that may eventually be made available and coupled with the potential for
significant changes in the annual number of allocations available in the lottery
system, may create undue uncertainty in the construction/development community.
In addition, such uncertainty may further dampen the willingness of property
owners to dedicate or sell their property for conservation purposes.
Staff Recommendation: The staff recommends that a maximum cap of 50% be placed on
the number of allocations under a lottery system and the number of allocations in the
system can only be annually increased or decreased by 20% of the previous year total rather
than 50%.
Board Decision:
Payment for Points under ROGO/NROGO
Retain the provision for applicants in ROGOINROGO to purchase ROGO points as
proposed.
Page 10 of 12
Background: The proposed ordinances allow for applicants to purchase up to 3 ROGa
points. The fees collected upon issuance of the building pennit authorized under a
ROGOINROGO allocation will be placed into a fund for purchase of conservation lands.
The basis of the cost for each ROGa point is to be set annually by the Board based on the
average assessed value of all privately-owned vacant IS/URM lots divided by four (number
of points awarded for dedicated ROGa lot).
Pro- The ability to purchase RaGO points is intended to help dampen the rising
market value of eligible lots for dedication under ROGO caused by the numbers of
lots being dedicated and speculation by rea) estate investors. As more lots are
acquired by the State and County, fewer lots will be available further increasing the
market value of these lots. This provision recognizes that even with the number of
additional lots eligible for dedication tor 1 point, it may be difficult for many
individuals to obtain those extra points to make their application competitive
enough to receive an allocation award. This option will provide the County with an
another funding source for its land acquisition efforts. Limiting the number of
points that can be purchased is intended to reduce the extra cost and burden placed
on the County to identify and negotiate the purchase of conservation property.
Con- The most significant disadvantage of the payment for points provision is that
it requires the County through the Land Authority to expend its resources on
identifying and purchasing property. With land dedication for points, the private
market does this reducing acquisition costs for the County.
Staff Recommendation: The staff recommends that the payment for points provision be
retained; however, the Board may want to consider expanding the number of points that can
be purchase to 4, 5, or 6.
Board Decision:
New Issues
Existing Non-residential Uses and Tier System
Background: In its further review of the Tier System, the staff recognized that many
existing non-residential uses were located in Tier I or II. Unlike residential properties, in
order to expand existing non-residential development must go through NROGO to obtain
authorization for any additional tloor area, which may place an unintended hardship on
existing properties. A similar exception is made for existing non-residential development
on Big Pine Key.
Proposed Revision: Revise the language in NROGO ordinance to permit all existing
lawfully established non-residential uses to be a,>signed +20 points under NROGO; if the
existing use is located within a Tier I area, the assignment of the +20 points will be
Page II of 12
contingt.'11t upon no further clearing of upland native habitat and no addition to and/or
expansion of the existing lot or parcel upon the use is situated.
StafJRecommendation: The staff recommends approval of the proposed revision.
Board Decision:
Additional Points for Market Rate Housing as Part of an Affordable Housing Project
Increase the number points awarded in ROGa from +3 to +5 or +6 for market rate units
that are vart of' an affordable housinf! vroject.
Background: One of requested revisions to the Tier System that Mr. Ed Swift's presented
in his letter (April agenda package) to the Board is to increase under ROGO the number of
points that can be awarded to market rate housing as part of an affordable housing project.
He is requesting that the number of points be increased from +3 to +5 or +6. Under the
County's regulations in projects of five units or more, 20 percent of the units may be deed
restricted market rate- restricted to households earning 70 percent or more of annual
income in Monroe County.
In reviewing his request, the staff found that the proposed amendments to ROGO calls for
+ 3 points, which is inconsistent with existing regulations in Section 9.5-266. Retaining the
+6 points bonus is preferable to only awarding +3 points as the higher point value (higher
than a dedicated ROGO lot) more clearly reflects the priorities of the Board to enact
measures to promote affordable housing. With the increase in the point value of a
dedicated RaGa lot to +4, the +6 points would be a more appropriate score.
Staff Recommendation: The staff recommends revising the award from +3 points to +6
points for deed restricted market rate units that are part of an affordable housing project.
Board Decision:
CONCLUSION
Once the Board has provided direction to the staff on revisions to the proposed ordinances, the
staff' will prepare revised ordinances to be presented to the Board at the June 15 or 16, 2005, public
hearing. The County's Special Legal Counsel will be asked to provide a legal memorandum on the
defensibility of the final draft ordinances, which will be available prior to the June meeting. At the
June meeting, if the Board is amenable, the staff will request that the two resolutions be approved
by the Board to transmit the draft ordinances amending the Comprehensive Plan to DCA for
review and comment.
Page 12 of 12