Item B1a
County of Monroe
Growth Management Division
2798 Overseas Highway
Suite 410
Marathon, Florida :\3050
Voice: 305.289. 2500
FAX: 305.289. 25%
Board of Cmmty Commissioners
Mayor Dixie Spehar, District I
Mayor Pro Tern Charles "Sonny" McCoy, District 3
George Neugent, District 2
David Rice, District 4
Murray E. Nelson, District 5
MEMORANDUM
TO:
Board of County Commissioners
FROM:
Timothy J. McGarry, AICTJ1rl
Director of Growth Mana~J(Mnt
DATE:
June 3, 2005
SUBJECT:
Public Hearing on Comprehensive Package of Amendments
to the Comprehensive Plan and Land Development Regulations
for Implementation of Goal 105 - Tier System
Overview
At the May 17, 2005, public hearing, the Board directed staff to prepare revisions to the draft
ordinances amending the Comprehensive Plan and Land Development Regulations. The staff has
completed its revisions for consideration by the Board at the June 14,2005, public hearing. At the
meeting, the Board will be asked to approve the two transmittal resolutions submitting the
proposed ordinances to amend the Comprehensive Plan to DCA for review and comment.
This memorandum is intended to provide a summary of the major revisions made to the draft
ordinances by staff since the May 17th public hearing. [Please note: This memorandum is intended
to serve as an update to the individual staff reports included with each separate ordinance, which
have not been revised and are not included in the agenda package.]
Public Hearing Procedures and Outcome
The staff is requesting that the public hearings on all the ordinances, including the transmittal
resolutions, be held concurrently. It is further suggested that the staff be permitted to provide a
brief presentation on the substantive changes prior to public comment.
After taking public comment, the Board is requested to consider approving the two transmittal
resolutions to submit the two proposed ordinances amending the Comprehensive Plan to DCA with
any revisions to the proposed ordinances, it may deem appropriate. No action is required on the
four ordinances amending the Land Development Regulations or the ordinance adopting the Tier
Overlay District Map. These ordinances will not be considered for adoption until after the BOCC
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has adopted the two ordinances amending the Comprehensive Plan, which will not occur until after
the County has received DCA's review comments.
Summary of Substantive Changes
In addition to minor editorial changes to improve text or correct typographical errors, the staff has
made numerous revisions to all seven ordinances based on the Board's direction at the May 17,
2005 public hearing. Many of these changes were needed to eliminate inconsistencies in the
policies resulting from the combination of Tier II designated areas with Tier III designated areas
outside of Big Pine Key and No Name Key.
1. Ordinance Amending HEI and Environmental Requirements of the Comprehensive
Plan
o Policy 6, page 4: Revised language to state the case for mutual responsibility and
accountability in a more politically effective manner upon advice of Division
special legal counsel.
o Policy 101.4.22, page 4: Revised the clearing limits for Tier I properties from 10%
to 20%; added under "Permitted Clearing" "Big Pine Key and No Name Key" to
clearly identify that Tier II properties are only on these islands; and, decreased the
permitted clearing of Tier III lots to 40% or 3,000 square feet whichever is greater.
o Policy 102.4.2, page 5: The following changes were made:
4. Eliminated reference to Tier II lands with "patches of upland native habitat
of one acre or greater".
7. Deleted "Tier II" from lands to be acquired for employee and affordable
housing.
10. Added language about acquiring lands with habitat value on Big Pine Key
and No Name Key to meet requirements of Habitat Conservation Plan.
o Policy 102.4.3, page 6: Revised policy to reflect elimination of Tier II for
acquisition and replace it with wetlands and fragmented habitat of one acre or more
in size outside of Tier 1.
o Policy 102.4.6. page 6: Deleted references to Tier II lands for affordable housing.
o Policy 205.1.1, pages 12-13: Revised policy comprehensively to reflect the Board's
decision to combine Tiers II and III except on Big Pine Key and No Name Key;
specify that the criteria for Tier I, II, and III on Big Pine and No Name Key is based
on Habitat Conservation Plan; and, to exclude the Ocean Reef development from
the Tier system.
Page 2 of5
2. Ordinance Amending Comprehensive Plan to Revise ROGO/NROGO
a General: Eliminated all references to the lottery option under RaGa and inserted
references to Big Pine Key and No Name Key to clarify that Tier II designated areas
are only on those two islands.
a Policy 101.5.5, 1. Tier Designation, page 7: Increased the points for Tier I to "+ 10"
from "0";.
a Policy 1 0 1.5.5, 4. Land Dedication, page 9: Eliminated reference to "Tier II" for
affordable housing.
a Policy 101.5.5,5. lvfarket Rate Housing in Employee or Affordable Housing Project,
page 11: Increased the number of points from "+3" to "+6".
a Policy 101.5.5.8., Payment to Land Acquisition Fund, page 12,' Revised language
to provide for purchase of up to 2 points in RaGO and require the value of the
points is to be based on average fair market value of vacant, privately-owned,
buildable IS/URM zoned platted lots in Tier L
a Policy 101.5,5, 1., Tier Designation, page 12: Inserted language that allows
existing non-residential development in Tier I to be scored the same as Tier III
under NROGa subject to certain limitations.
a Policy 101.5.5,10, Payment to Land Acquisition Fund, page 15: Revised language
for NROGa to mirror language in RaGO,
o Policy 101.6.5. page 19: Revised language to eliminate references to Tier II; and,
eliminated clearing limits, which are now controlled by Tier designation.
3. Ordinance Amending LDRS to Eliminate Need for HEI and Other Environmental
Regulations
o Section 5, Section 9.5-347 (b): Revised the clearing limits for Tier I properties from
10% to 20%; added asterisk under "Permitted Clearing" to clearly identify that Tier
II properties are only on these islands; and, decreased the permitted clearing of Tier
III lots from 60% to 40% or 3,000 square feet whichever is greater.
4. Ordinance Amending LDRS to Revise ROGO and Affordable Housing Requirements
a General: Eliminated all references to lottery through ordinance and inselied Big
Pine Key and No Name Key in any reference to Tier II to clarify that the only Tier II
areas are on those two islands.
Page 3 of5
o Section 9.5-I20.3(b)(2)b. iii, page 6: Eliminated reference to Tier II and clearing
limitations.
o Section 9.5-122(a)(6), page 9: Inserted limits on the number of annual allocations
that may be allocated to Tier I properties to a maximum of 3 in the Upper Keys and
3 in the Lower Keys.
o Section 9.5-122.3(f), page 18: Revised the language to state the conditions under
which the option to purchase or provide a permit is preferred and eliminated
references to Tier II and replaced it with upland tropical hardwood hammock of
more than one acre or pinelands to implement the Board's policy direction.
o Section 9.5-122.4(a), page 19: Eliminated "+20" points for Tier II areas outside of
Big Pine Key and No Name Key.
o Section 9.5-122.4(d), page 20: Eliminated reference to Tier II in dedication oflands
for affordable housing.
o Section 9.5-122.4(f), page 21: Increased points for market rate units that are part of
mixed affordable ~~-markct rate housing project from "+3" to "+6".
o Section 9.5-122.4(j), page 23: Revised language to allow for the purchase of up to 2
points in ROGO and require the value of the points is to be based on average fair
market value of vacant, privately-owned, buildable IS/URM zoned platted lots in
Tier L
o Section 9.5-266(a)(6) e., page 24: Eliminated reference to Tier II designated areas.
o Section 9. 5-266(f) (J)d. , page 25: Added requirement that any affordable housing
that is part of a project where market rate units are awarded "+6" points under
Section 9.5-122.4(f) will be required to have a 99 year restrictive covenant as
directed by the Board at the May public hearing.
o Section 9. 5-266(f) (3), previous draft ordinance: Dropped this proposed section as it
already has been enacted in the Monroe County Code.
5. Ordinance Amending the LDRs to Establish Criteria for Tier Overlay District
o Section 9.5-256(b) Criteria, page 3: Revised policy comprehensively to reflect the
Board's decision to combine Tiers II and HI except on Big Pine Key and No Name
Key; to specify that the criteria for Tier I, II, and III on Big Pine and No Name Key
is based on Habitat Conservation Plan; and, to exclude the Ocean Reef development
from the Tier system.
Page 4 of5
6. Ordinance Amending the LDRs to Revise NROGO
o Section 9.5-124.7(e) and (j), pages 6-7: Revised language on administrative relief
options to parallel those for ROGO.
o Section 9.5-124.7(a)(1), pages 7-8: Inserted language that allows existing non-
residential development to be scored the same as Tier III under NROGO subject to
no further clearing of upland native habitat and no addition to and/or expansion of
the existing lot or parcel upon which the existing use is located.
o Section 9.5-124.7(a)(10), page 12: Revised language to allow for the purchase of
up to 2 points in ROGO; requires the value of the points to be based on average fair
market value of vacant, privately-owned, buildable IS/URM zoned platted lots in
Tier I.
7. Ordinance to Adopt Tier Overlay District Map
o Map revisions: The maps have been revised to change all Tier II designated
properties outside of Big Pine Key and No Name Key to Tier III.
Recommendation
The staff recommends that the Board adopt the Transmittal Resolutions to submit the two
ordinances amending the Comprehensive Plan to DCA for review and comment.
Page 5 of5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June14,2005
Bulk Item: Yes No 2L-
Division: Growth Management
Department: Planning
Staff Contact Person: Marlene Conaway
AGENDA ITEM \VORDING:
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.
11 st of 2 required public hearingsJ
ITEM BACKGROUND: On January 21,2004 and in Ordinance # 018-2004 the BOCC directed staff
to prepare draft text and map amendments and other supporting studies in order to effectuate the
provisions of Goal 105 of the 2010 Comprehensive Plan and Rule 28-20.100 F.A.C. The Planning
Commission reviewed the staff draft at four public hearings, amended the draft and recommend
approval. Several stakeholder forums and two community workshops were held to review the proposed
amendments. This is a continuation of the Hearing held on May 17, 2005. The ordinance has been
revised to reflect direction given to staff by the Board at the May hearing. Please refer to the staff
report for summary of substantive changes.
The staff is requesting the Board to approve the Transmittal Resolution for submittal of the proposed
ordinance to DCA for review and comment.
PREVIOUS RELEVANT BOCC ACTION:
Ordinance No. 018-2004 adopted June 16,2004 directed staff to prepare text and map amendments to
implement Goal 105. Goal 105 was adopted in Ordinance No. 20- 2002.
CONTRACT/AGREEMENT CHANGES: None.
ST AFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes N/A
No
COST TO COUNTY: N/A
SOURCE OF FUNDS: N/ A
REVENUE PRODUCING: Yes NI A No
AMOUNT PER MONTH N/A Year
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
Not Required~~~_~
DISPOSITION:
AGENDA ITEM #
COMPREHENSIVE PLAN AMENDMENTS
TO AMEND THE ENVIRONMENTAL REGULATIONS
TRANSMITTAL RESOLUTION TO
THE DEPARTIVIENT OF COMMUNITY AFFAIRS
BOARD OF COlJNTY COMMISSIONERS
MARATHON
m n ?
RESOLUTION NO. 2005
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 TO
AMEND THE MONROE COUNTY 2010
COMPREHENSIVE PLAN TO CHANGE THE RATE OF
GROWTH ORDINANCE (ROGO) AND THE NON-
RESIDENTIAL RATE OF GROWTH ORDINACE (NROGO)
TO UTILIZE THE TIER OVERLAY AS THE BASIS FOR
THE COMPETITIVE POINT SYSTEl\'I; DELETING,
REVISING AND ADDING POLICIES, OBJECTIVES AND
REQUIREMENTS FOR THE IMPLEMENTATION OF
GOAL 105 OF THE 2010 COMPREHENSIVE PLAN AND
THE TIER OVERLAY DISTRICT.
WHEREAS, the Monroe County Board of County Commissioners, during seven public
hearings held in December, 2004 and January, February, March, April, May and June 2005, for
the purposes of considering the transmittal to the Florida Department of Community Affairs for
review and comment, proposed amendments to the Monroe County Year 2010 Comprehensive
Plan; 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;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COM1\'IlSSIONERS 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; 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 163.1 84 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 of9J-1 L006 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.
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 l 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
DEPUTY CLERK
2
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 20 I 0 Comprehensive Plan to delete the HEl
requirements, add the requirement for an existing conditions report, including a vegetation
survey. This ordinance \'viII 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.
list on required public hearingsl
BOARD OF COlJNTY COMMISSIONERS
M.ARATHON
ORDINANCE NO. 2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE
COUNTY 2010 COMPREHENSIVE PI~AN TO DELETE
REQUIREMENTS FOR A HABITAT EVALUATION INDEX (HEI),
REVISE THE OPEN SPACE, LAND ACQUISITION, MANAGEMENT
AND GIS MAPPING REQUIREMENT AND IMPLEMENT GOAL 105 OF
THE 2010 COMPREHENSIVE PLAN AND THE TIER SYSTEM BY
DELETING POLICIES 101.4.20, 102.4.6, 102.9.5, 102.9.6, 103.2.2, 207.1.2,
207.10.5, 207.12.6 AND OBJECTIVE 1201.13; REVISING 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, 102.7.3,
102.8.1, 102.8.5, 102.9.1, 102.9.2, 102.9.3, 102.9.4, 103.2.1, 204.2.1, 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,
205.2.12, 205.2.14, 205.5.1, AND 205.5.2; REVISING OBJECTIVES 102.4,
102.9, 205.1, 205.2 AND 205.5; CREATING NE\V POLICIES 6, 102.4.6,
AND 102.4.7; PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; DIRECTING THE PLANNING AND
ENVIRONMENTAL RESOURCES DEPARTMENT TO TRANSMIT A
COpy OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Florida Administration Commission in 1996 enacted Rule 28-20. 100,
which created the "Work Program" in the 2010 Comprehensive Plan and mandated, among other
things, the preparation of a Carrying Capacity Study for the Florida Keys; and
WHEREAS, the "Work Program" mandates that the County implement the Carrying
Capacity Study by the adoption of all necessary plan amendments to establish development
standards to ensure that new development does not exceed the carrying capacity of the County's
natural environment; and
\VHEREAS, the "Work Program" mandates that the County initiate and complete a
collaborative process for the adoption of Land Development Regulations (LDRs) and
Comprehensive Plan amendments to strengthen the protection of terrestrial habitat; and
\VHEREAS, the Florida Keys Carrying Capacity Study (FKCCS), completed in
September 2002, sets out guidelines that, inter alia, would direct future development away from
"native habitat," and into "areas ripe for redevelopment or already disturbed"; and
\VHEREAS, Florida Statute 163.3 I 77(6)(a) requires the adoption and implementation of
a future land use element which designates future general distribution, location, and extent of
lands used for conservation purposes; and
WHEREAS, Goal 105 of the 2010 Comprehensive Plan, "Smart Growth," was adopted
by the Board of County Commissioners in 2001 to comply with the statutory mandate, to
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implement Rule 28-20.100, F.A.C., and to provide a framework within the 2010
Comprehensive Plan to implement the FKCCS and other state directives; and
WHEREAS, Objective 105.2 of the 2010 Comprehensive Plan, pursuant to the Rule 28-
20.100, F .A.C. mandate, directs the County to map and designate land within the Florida Keys in
order to protect environmentally sensitive lands; and
WHEREAS, pursuant to Rule 9J-11.006, F.A.C., this Ordinance is being transmitted to
the State Department of Community Affairs for comment and review; and
WHEREAS, based on any comments made or legal objections raised by the State
Department of Community At1airs, the County will prepare land development regulations
implementing the Comprehensive Plan amendments being transmitted by this Ordinance; and
WHEREAS, the Monroe County Board of County Commissioners, during seven public
hearings held in December, 2004 and January, February, March, April, May, and June 2005,
reviewed and considered the proposed amendments to the 2010 Comprehensive Plan to delete
requirements for an Habitat Evaluation Index (HEI), revise the open space, land acquisition,
management and GIS mapping requirement to implement Goal 105 of the 2010 Comprehensive
Plan, Rule 28-20.100 F.A.C. and the Tier Overlay system; and
WHEREAS, the Monroe County Board of County Commissioners directed staff to
prepare text and map amendments in Ordinance No. 018-2004 adopted June 16,2004, to include:
Tier Overlay Map designations in accordance with Goal 105; revisions to ROGO and NROGO
based on the Tier system utilizing a positive approach that predominately relies on land
dedication and aggregation and revisions to the environmental regulations based on the Tier
system rather than the existing Habitat Evaluation Index; and
WHEREAS, Goal 105 provides a framework for future development and land acquisition
for the next 20 years that considers the carrying capacity of the Florida Keys, reduces sprawl and
promotes sustainability; and
WHEREAS, Tier Maps were developed following the criteria in Goal 105, utilizing
computer mapping (GIS), identifying areas appropriate for additional development and those
which are important environmentally and should be preserved; and
WHEREAS, the boundaries for the Tier Maps were drawn using environmental and
development information and digital data from the Florida Keys Carrying Capacity Study
(FKCCS), the Planning Department and the Property Appraisers Office and refined through site
visits by the County Biologists and Planners; and
WHEREAS, tropical hardwood hammock size is a major dcterminate of habitat quality
according to the FKCCS; therefore size and connectivity are used in determining the boundary of
Tier I areas to identify the best and most important terrestrial habitat areas for preservation; and
\VHEREAS, Tier I includes all contiguous tropical hardwood hammock areas above four
acres and restoration areas between fragmented smaller hammock patches to increase the
hammock size and buffers where possible; and,
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WHEREAS, Tier II areas are only designated for Big Pine Key and No Name Key and,
along with the Tier I and III designations on these two islands, this designation is based on
relative wildlife habitat quality as defined in the Habitat Conservation Plan and previously
incorporated into the Monroe County Comprehensive Plan under Policy 101.20.2; and
WHEREAS, Tier III is appropriate for additional infill development because of the
location and amount of existing development in the areas designated and the absence of
significant upland native habitat patches; and
WHEREAS, the Board of County Commissioners (BOCC), at a regular meeting on
January 2 1, 2004, directed Growth Management staff to prepare an ordinance deferring ROGO
and NROGO allocation awards in areas containing tropical hardwood hammock or pineland of
two acres or greater within Tier I - Conservation and Conservation and Natural Areas (CNA),
while staff prepares draft text and map amendments and other supporting studies in order to
effectuate the provisions of Goal 105 of the 2010 Comprehensive Plan, and Rule 28-20.100
F AC; and
WHEREAS, the current Land Development Regulations (LDRs) require properties
designated on the 1986 Habitat Maps as hammock and pineland to perform a Habitat Evaluation
Index (HE!) to determine the amount of clearing permitted and the negative points awarded in
ROGO and NROGO; and
WHEREAS, 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 by basing habitat quality and permitted clearing on the Tiers;
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
\VHEREAS, the development and implementation of a land acquisition program,
coordinated with responsible state and federal agencies, is necessary and required in order to
comply with Goal 105 and the state-mandated Work Program; and
WHEREAS, the land acquisition policies adopted herein are consistent with previously
adopted comprehensive plan policies, the Florida Keys Carrying Capacity Study, and state
requirements; and
WHEREAS, the Planning Commission, after hearing comments at four public hearings,
made changes to the staff draft amendments and recommended approval of the proposed
amendments to incorporate changes to the County's environmental regulations based on the Tier
system and the elimination of the Habitat Evaluation Index requirement; and
WHEREAS, the Planning and Environmental Resources Department has made minor
changes to the proposed draft based on direction of the Planning Commission, including minor
text revisions to ensure readability and correct typographical errors or omissions in the text and
recommends approval of the proposed amendment to the 2010 Comprehensive Plan; and
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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; and
WHEREAS, the Board of County Commissioners has incorporated Tier II designated
areas into Tier III, except for Big Pine Key and No Name Key, to further simply the system and
provide suitable lands for workforce housing and has increased the limits on clearing of upland
native vegetation in Tier III areas to a maximum of 40% or 3,000 square feet whichever is
greater to further mitigate adverse impacts on natural habitat; and
WHEREAS, the Board of County Commissioners finds said amendments are consistent
with and further goals, objectives and policies of the Year 20] 0 Comprehensive Plan,
particularly Goal 105;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section I.
Create a new Policy 6 that reads as follows:
Policy 6
Florida's Growth Management System, including rules promulgated by the
Administration Commission, has created major mandates of state requirements for
Monroe County with respect to the County's designation as an area of critical
state concern. These mandates, together with other federal statutes and programs,
have created an interlocking partnership between the state, Monroe County and
federal agencies to plan for and implement major environmental and growth
management systems. This partnership entails responsibilities for the state,
federal government, and County to work together in policy development and legal
proceedings so that responsibility for liabilities that arise from this partnership are
fairly allocated.
Section 2.
Delete Policy 101.4.20.
Section 3.
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. L L habitat per
current Land Development Regulations, Division 8, hereby incorporated by
reference. In the case of up land hardwood and pinelund forests the open spa<;e is
determined by the results of the habitat analysis (see Conservation and Coastal
Management, Objective 205.2 and related policies). Except as defined in Policy
101.12.4, clearing of upland native vegetation areas in the Tiers I, II, and III shall
be limited for the portion of the property containing upland native vegetation in
the following percentages:
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Section 4.
Section S.
Section 6.
Tier
I
II
III
Permitted Clearing
20%
40% (Big Pine Key and No Name Key)
40% or 3,000 s,f., whichever is greater
Amend Policy 101. 14. I 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 f..Ilocation and Point System (see Policy 101.5.4). [9J-5.006(3)(c)1J
Amend Policy 102. 1.1 as follows:
Policy 102.1.1
Upon adoption of the Comprehensive Plan, The County shall utilize the
Em!ironmentul Standards, found in Section 9.5 336 through 9.5 342 of the Land
Deyelopment Regulations (hereby incorporated by reference) to protect
submerged lands and wetlands. Accordingly, The open space requirement shall
be one hundred (l00) percent of the following types of wetlands:
1. submerged lands 2. mangroves 3. saIt ponds 4. fresh water wetlands
5. fresh water ponds 6. undisturbed saIt marsh and buttonwood wetlands
Upon adoption of the Comprehensi~.'e Plan the County shall further protect its
'.vetlands by requiring a one hundred (100) percent open space requirement for
undisturbed saIt marsh and buttomvood 'vvetIunds and by requiring i^" 50 foot
buffer shall be required around freshwater resources.
Allocated density (dwelling units per acre) shaH 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 6J
Amend Objective 102.4 and Policies 102.4. I, 102.4.2, 102.4.3, 102.4.4, and
102.4.5 as follows:
Objective 102.4
Monroe Country in cooperation with the state and other acquisition agencies shall
prepare a Land Acquisition Master Plan by July I, 2005 containing a strategy for
securing funding, and a determination of those sources considered not to be
arpropriate 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. Acquisition priorities should be
consistent with the tiered system adopted by this plan and as required by the State
Work Program in Policy 101.2.13 in order to identify lands appropriate for
voluntary purchase consistent with the comprehensive plan policies. By January
4, 1999, Monroe County shall establish the Monroe County ~Iatural Heritage and
Park Program. The purpose of this plan shall be to acquire lands and open space
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in the public interest for conservation and recreatlon 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 Heritago and Park
Program shall be developed and implemented by the Growth Management
Division, in cooperation with the Monroe County Land Authority, FDEP, FDCA,
FWC, USFWS. 'llith the Parks and Recreation Board and other kno'vVledgeable
county and responsible federal 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
lands shall include, at a minimum:
1. lands containing naturally occurring and native habitats;
2. lands containing habitat critical to, or providing significant protection for,
species designated as threatened or endangered by the U.S. Fish and
Wildlife Service and/or State of Florida;
1. designated Tier I (Natural Areas) lands as defined in Policy 105.2. L 1,
which shall include all contiguous hammock areas above four acres;
2. restoration areas between fragmented hammocks to increase the
contiguous hammock size and buffers where appropriate; lands containing
naturally occurring and native habitats;
3. fresh water wetlands, and undisturbed salt marsh, and buttonwood
wetlands that are required under Policy 102.1. I;
4. patches of upland native vegetation of one acre or greater in size that
provide habitat for small birds and animals and contribute to the quality of
the neighborhoods;
;"2.. lands containing unique geologic features;
4:-6. lands whose conservation would enhance or protect water quality or would
protect fish or wildlife habitat, which cannot be adequately protected
through local, state and federal regulatory programs;
7. lands in Tier III for employee and affordable housing;
~~. lands which can be used, without adverse impacts on natural resources, for
community alld neighborhood parks and/or public beaches water access;
and
6.2. lands, which offer the opportunity for preservation of significant
archaeological or historical sites. [9J-5 .006(3)( c)4 alld 6]
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10. lands with habitat value on Big Pine and No Name Key to meet mitigation
requirements of the Big Pine Key and No Name Key Habitat Conservation
Plan.
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 with public input taken. In formulating this list the County will
prioritize Tier I lands over Tier II (Bi2. Pine Key and No Name Key) and Tier III
lands. Outside the boundaries of Tier I, land with fragmented hammocks of
greater than one-acre in size and wetlands identified in Policy 102.4.2,2 shall be
the second highest priority for acquisition. Acquisition of land for affordable
housing in Tier III that does not require the clearing within an upland tropical
hammock of one acre or greater in size shall also be a top priority. will consider
freshwater lenses and recharge areas, especially those 'vvhich ove;lap the habitats
of endangered or threatened ');'ildlife species, as a high priority. [9J-5.006(3)(c)4
and 6J
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 'vvhich shall
be considored 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
acquisition of Tier I, conservation and natural lands. The county will be
responsible for purchases in Tier II (Big Pine Key and No Name Key) and in Tier
III of wetlands and fragmented hammock areas of one-acre or greater. Land
acquisition for other priorities depend on funding availability, need and future
use. [9J-5.006(3)(c)4 and 6J
1. Florida Recreation Development Assistance Program;
2. Preservation 2000 Trust Fund
3. Conservation and Recreation Lands (CARL) Program;
4. Land and Wator Conservation Fund;
5. Urban Parks and Recreation Recovery (UPARR) Action Grants;
6. local funds made a'/ailable from fair share community park impact fees
(paid pursuant to the -Monroe County Land Development Regulations);
aRd
7. Local funds as may be made a'/uilable through special appropriution by
the Monroe County Board of County Commissioners. [9J 5.006(3)(c)4
ffflfl-&}
Policy 102.4.5
An intergovernmental organization and management structure shall be developed
to implement the expanded acquisition program, including representatives of the
Growth Management Division, Land Authority, municipalities and state and
federal agencies.
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The Gro"vth Management Division shall, in coordination ','lith the Grants
Manager, make applications to funding sources as identified in the annual
acquisition financing plan. [9J-5.006(3)(c)4 and 6J
Section 7.
Delete existing Policy 102.4.6 and create new Policy 102.4.6 that reads as
follows:
Policy 102.4.6
The Monroe County Land Acquisition Master Plan shall contain policies to direct
the overall acquisition program, criteria to follow when setting priorities for
acquisition and a framework for the acquisition process and the sharing of
responsibilities. At a minimum the plan will include the following:
1. Environmental protection, density reduction and passive recreation:
a) public acquisition, ownership and maintenance will be the preferred
option for Tier I lands and for clusters of undisturbed wetland and
hammock lots of one acre or greater in size in Tier II (Big Pine and No
Name Key) and III;
b) buy/sell back to the adjacent property owners option will be followed
in Tier II, where sprawl and density reduction and mitigation
requirements of the Habitat Conservation Plan for Big Pine Key and
No Name Key are the prime impetus for land purchase. A higher
priority for acquisition will be given to those parcels in Tier II (Big
Pine and No Name Key) with neighboring properties owners or
communities who want to partner with the county to purchase the lots
and take responsibility for maintenance and protection of any areas of
native vegetation;
c) purchased lands that can also provide needed recreational
opportunities will be identified in coordination with the Parks and
Recreation Board and a plan for utilization developed;
d) non-purchase options will also be explored and specific
recommendations included;
e) criteria for the prioritization of land acquisitions within the different
priority areas will include 1) the size and the location of the property
and surrounding land uses including management status, 2)
minimization of the edge to area ratio of parcels by combining lots for
acquisition, 3) potential for successful reclamation if within a larger,
better hammock quality area, and 4) maintenance costs for isolated
parcels.
2. Affordable and employee housing:
a) parcels in 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) pubIic/private/non-profit partnerships and/or agreements exist to
develop the site and maintain the affordabiIity of residential units in
perpetuity.
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Section 8.
Create new Policy 102.4.7.
Policv 102.4.7
Lands acquired through the Monroe County Land Acquisition Program shall be
managed to restore, preserve, and protect the conservation, recreation, densitv
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 9.
Amend Policy 102.7.3 as follows:
Policy 102.7.3
Monroe County shall discourage developments proposed on offshore islands by
methods incl uding, but not limited to, designating off shore islands as Tier I lands.
negative points in the Pennit Allocution and Point System [9J-5.006(3)(c)6J
Section 10. Amend Policy 102.8.1 as follows:
Policy 102.8.1
Monroe County shall discourage developments which are proposed in units of
Coastal Barrier Resources System (CBRS). by methods including, but not limited
to, negative points in the Permit Allocation 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)6J
Section 11. 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 facllities and services provided
by the Florida Keys Aqueduct Authority and private providers of electricity and
telephone service to CBRS units. These efforts shall include providing each of
the utility providers with:
1. a map of the areas of Monroe County which are included in CBRS units;
2. a copy of the Executive Summary in Report to Congress: Coastal Barrier
Resources System published by the U.S. Department of the Interior,
Coastal Barners 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-;--aHd
4. Monroe County regulations regarding de'lelopment in CRRS units,
including the Pennit Allocation System regulations, ',yhich commits
negative points for development in CRRS units. (See Policy 101.5.4.)
[91-5.006(3)( c )6]
Section 12. Amend Objective 102.9 and Policies 102.9.], 102.9.2, 102.9.3, and 102.9.4 as
follows:
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Objective 102.9
By January 4, 1998, In cooperation with other responsible state and federal agencies,
Monroe County shall complete and implement a cooperative land management program
for private and county publicly owned lands acquired through implementation of the
Monroe County Land Acquisition Master Plan (Objective 102.2), Goal 105 and the
FKCCS. located within and adjacent to parks and conservation lands ,,'(hich are owned
by the state and federal go'.'ernments in the Florida Keys. [91 5.006(3)(b)4]
Policy 102.9.1
Monroe County shall discourage developments which are proposed in Tier I
through the permit allocation system and the environmental regulations. wi--t-lti-E:
Conservation Land Protection Areas (as defined in Policy 102.9.3 b8]0',.,,) by
methods including, but not limited to, negative points into the Permit Allocation
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 are causing, or have the potential for causing,
adverse impacts on sensitive natural features and natural resources 'lIithin state
and federal conservation lands. Land use activities of concern shan include both
public and private actions. Monroe County shall complete Conservation Land
Protection Area plans for each of the conservation lands in Monroe County by
January 4, 1998. [9J-5.006(3)(c)3]
Policy 102.9.3
In cooperation with other responsible state and federal agencies, 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 Comprehensi'/e Plan, MOlhoe County, in cooperation '.vith
appropriate state and/or federal agencies, shall initiate efforts to identify a
Conservation Land Protection A.rea for each conservation area mvned by the state
and federal governments in the F]orida Keys.
These Conservation Land Protection "\reas shall include:
1. pri'/ate lands located '..-vithin existing park and conservation land
boundaries; and
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2. private lands and county owned lands \vithin a designated buffer adjacent
to each conservation land.
Buffer areas shall be designated on illl 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 folIo'.ving:
1. Fort Jefferson National Monument
2. National Key Deer Refuge
3. Great White Heron National Wildlife Refuge
4. Key West National Wildlife Refuge
5. Crocodile Luke National Vlildlife Refuge
6. John Pennekamp Coral Reef State Park
7. Long Key State Recreation Area
8. Bahia Honda State Park
9. Key Largo Hammock State Botanical Site
10. Lignumvitae Key State Botanical Site
11. Windley Key State Geological Site
12. Indian Key State Historic Site
13. Lignum'/itae Key State .^~quatic Preserve
14. Biscayne Bay Card Sound State Aquatic Preserve
15. San Pedro ;\rchueologic .^..quatic Preserve
16. Coupon Bight State Aquatic Preserve
] 7. North Key Largo Hammock CARL Project
18. North Layton Hammock CARL Project
19. Curry Hammock State Park
20. Coupon BightlKey Deer CARL Project
21. Covipen's Rookery Preserve
22. Save Our Rivers Big Pine Key Project
23. Fort Taylor State Historic Site
24. Shell Key Aquatic Preserve
Policy 102.9.4
Management plans shall be reviewed every three years, in cooperation with the
appropriate state and/or federal agencies. Revisions to each management plan
shall be made as necessary to reflect recent land acquisitions and changing
management priorities. [9J~5 .006(3)( c )6]]
By January 4, 1998, Monroe County, in cooperation with appropriate state and/or
federal agencies, shall develop a management plan for each Conservation Land
Protection Area. These plans shall identify actions to be taken by Monroe County
,<,<,ithin the Conservation Lund Protection "^..rea in support of the purpose for ',.vhich
each conservation land was acquired. These actiono shall include:
I. land management actions for private lands and county owned lands,
particularly as the)' relate to:
a) critical species protection;
b) invasive plant removal;
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c) restoration of disturbed wetland and upland habitat;
d) pesticide applications;
e) prescribed burning; and
f) activities which have potential ad'.'erse impacts on nearshore ','.'ater
quality.
2. recommendations regarding permitting of shoreline structures, dredging
and filling and substrate alteration;
3. actions to maintain and10r improve public access to state and federal
conservation lands;
4. strategies for working cooperatively '.'{ith private landovmers in support of
conservation; and
5. future intergovernmental coordination with state and/or federal agencies
controlling and/or managing the conservation land. [9J 5.006(3)(c)6]
Section 13. Delete Policies 102.9.5 and 102.9.6.
Policy 102.9.5
Management plans shall be reviewed every three years, in cooperation '.\'ith 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
lmld acquisitions and changing management priorities. [9J 5.006(3)(c)6]]
Policy 102.9.6
Within eighteen months following acquisition of additional conservation lmlds 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 ne',';'ly acquired property and complete a management
plan. (These actions shall be required only for acquisitions ','.'hich are not
expansions of existing conservation lands.) [915.006(3)(c)6]
Section 14. Amend Policyl 03.2.1 as follows:
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 I. the Perrnit >^Jlocation and Point System in order to
discourage developments proposed ',vithin hammocks (identified pursuant to
Conservation and Coastal Management Policy 207.10.1) used by Schaus'
swalh.vtail butterfly and the lands in the North Key Largo Hammocks C^-..RL
Project State Acquisition }.rea in the peml!t allocation and point system. (See
Polley 101.5.4.) [91-5.012(3)(c)1; 91-5.013(2)(c)5 and 6]
Section 15. Delete Policy 103.2.2.
Policy] 03.2.2
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
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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 speoies of speoial status, including the j\merican crocodile, the Key
Largo wood rat, the Key Largo cotton mouse, and the Schaus. s'Nalh.vtail
butterfly. The HEI shall be rC'v'ised to include, at a minimum, the foIlO\ving:
1. a ',witten methodology for completing the HEI;
2. requirements for integrating data regarding the historic sightings of rare
and endangered species and critical nesting/feeding arcas f-or birds; and
3. evaluation criteria 'Nhieh \-",ill better differentiate high, medium and low
quality habitat
Before adoption, the re'v'isions shall undergo scientific peer revie'N by experts in
terrestrial mld \vildlife ecolo;)'. To the extent possible, the reviewers shall
include those individuals 'Nho participated in development of the existing HEI
ethodology. (See Policy 205.2.1.) [91 5.013(2)(0)3]
Section 16. Amend Policy 204.2.1 as follows:
Policy 204.2.1
Upon adoption of the Comprehensive Plan, the County shall utilize the
Environmental Standards found in Section 9.5 336 through 9.5 342 of the Land
Development Regulations (hereby incorporated by reference) To protoet
submerged lands and v/ctlands. i^~ccordingly To protect submerged lands and
wetlands the open space ratio shall be 100 percent of the following types of
wetlands:
I. submerged lands;
2. mangroves;
3. salt ponds;
4. freshwater wetlands;
5. freshwater ponds; and
6. undisturbed saltmarsh and buttonwood wetlands.
Allocated density (dwelling units per acre) shall be assigned to freshwater
wetlands and undisturbed salt marsh and buttonwood wetlands only for use as
transferable development rights away from these habitats. Submerged lands, salt
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 17. Amend Objective 205.] and Policies 205.1.1, 205.1.2, 205.1.3, 205.1.4, 205.1.5,
and 205.1.6 as follows:
Obiective 205.1
By January 4, ] 998, Monroe County shall utilize the computerized geographical
information system (GIS) and the data, analysis and mapping generated in the Florida
Keys Carrving Capacity Study (FKCCS), FMRI, habitat maps and field evaluation to
'",hlch will provide more current and more refined data on upland vegetation in th~
Florida Keys identify and map areas of upland vegetation in the Florida Keys and to
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prepare Tier Overlay District Maps as required in Policy 105.2.2. [9J-5.0l2(3)(b)1; 9J-
5. o 13(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 ffi1d criteria for mapping and c','uluating upland
habitats designating Tiers: [9J-5.013(2)(c)9]
1. Land located outside of Big Pine Key and No Name Key shall be
designated as Tier I based on following criteria:
· Natural areas including old and new growth upland native
vegetated areas, above 4 acres in size.
· Vacant land which can be restored to connect upland native
habitat patches and reduce further fragmentation of upland native
habitat.
· Lands required to provide an undeveloped buffer, up to 500 feet in
depth, if indicated by appropriate special species studies, between
natural areas and development to reduce secondary impacts; canals
or roadways, depending on size may form a boundary that removes
the need for the buffer or reduces its depth.
· Lands designated for acquisition by public agencies for
conservation and natural resource protection.
· Known locations of threatened and endangered species.
· Lands designated as Residential Conservation on the Future Land
Use Map or within a buffer/restoration area as appropriate.
· Areas with minimal existing development and infrastructure.
2. Lands on Big Pine Key and No Name Key designated as Tier I, II, or
III shall be in accordance with the wildlife habitat quality criteria as
defined in the Habitat Conservation Plan for those islands.
3. Lands located outside of Big Pine Kev and No Name Key that are not
designated Tier I shall be designated Tier III.
Lands within the Ocean Reef planned development are excluded from any Tier
designation.
Policy 205.1.2
.The County shall complete ground-truthifl-g e.fthe 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 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 the Tier Overlay District Maps for adoption as
required in Policy 105.2.2. [9J-5.013(2)(c)9]
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Policy 205.1.4
The GIS will be used to evaluate the lands designated in the different Tiers,
identifying vacant lands, platting and ownership status, zoning, and appraised
values for acquisition planning. Vegetation data shall be plotted on the GIS at a
scale of 1 inch equals 200 feet. [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), Am1Y 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 (FGFWFC), and
nongovernmental environmental groups the National Audubon Society (Research
Department). [9J-5.0 13(2)( c )9)
Section 18. Amend Objective 205.2 and Policies 205.2.1, 205.2.2, 205.2.6, 205.2.7,205.2.12,
and 205.2.14 as fo Hows:
Obiective 205.2
To implement Goal 105 of this Plan and the recommendations in the Florida Keys
Carrying Capacity Study (FKCCS), Monroe County shall adopt revisions to the Land
Development Regulations which further protect and provide for restoration of the habitat
values of upland native vegetated communities, including hardwood hammocks and
pinelands. [9J-5.012(3)(b)1; 9J-5.013(2)(b)3]
Policy 205.2.1
Monroe County shall designate the bOlmdaries of the overlay tier system based on
the criteria in 205.1.
Upon adoption of the Comprehensi'/c 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 c'/aluate and
protect sensiti'.'e habitats of the Florida Keys.
Upon adoption of the Comprchensiyc Plan, Monroe County shall complete
re'/isions to the HEI '.vhich shall include, at a minimum, the folh.ving:
I. a ',vritten methodology fDr completing the HEI;
2. requirements for integrating data regarding the historic sightings of mre and
endangered species and critical nesting/feeding areas for birds; and
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3. evaluation criteria '<'/hich will better differentiate high, medium and low
quality habitat.
Before adoption, the revisions shall undergo scientific peer reT/iew by experts in
terrestrial and 'Nildlife ecology. To the extent possible, the reviewers shall
include those indiT;iduals who participated in development of the existing HEI
methodology. The comprehensiT;e plan shall be amended to include the REI
reVlSIOn.
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 "vhich disturb to protect areas of
native upland vegetation. Sites having high quality nati';e upland vegetation shall
receive a .!:,'Teater negative point rating than sites having medium and 10'.'1 quality
native upland vegetation. Habitat value shall be determined through application
of measures as specified in the REI. (See Policy 101.5.4). [9J-5.012(3)(c)1, 2
and 3; 9J-5.014(2)(c)6]
Policy 205.2.6
The permitted clearing of native upland vegetation communities shall be defined
by habitat and the location of the property in the tier overlay district maps. wJ::tiefl
exhibit functional integrity and ','Iability shall meet or exceed their existing
percentages ,as foIlo\vs: Clearing: of upland native vegetation communities in the
Tiers I. II. and III shall be limited for the portion of the property containing
upland native vegetation in accordance with Policy 101.4.22.
1. high hammock
hi gh quality
moderate quality
low quality
disturbed
0.80
0.60
0.40
0.40
2. 10'1; hammock
high quality
moderate quality
10'.'/ quality
disturbed
o.gO
0.60
0.40
0.40
3. palm hammock
0.90
4. cactus. hammock
0.90
5. pinelands
hi gh quaE ty
low quality
disturbed
0.80
0.60
0.60
6. scarified
0.20
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The definition for open space shall be that currently contained in Section 9.5 4(0
3) of the F.8. 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
101.4.22. 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 pem1itted in 101.4.22 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 pennitted on a site according to the
use the legal conditions of land existing as of February 28, 1986 and as depicted
on the "December 1985 Habitat Classification Aerial Photographs," hereby
incorporated by reference as a base line for the type and extent of habitat on a
parceL The 1985 maps shall be supplemented by recent aerial photography and
existing site analysis to determine any increases in the amount of upland native
vegetated areas. include a disclaimer statement to ad'.'ise the public that the maps
are generalized and that habitat designations are subject to verification through
field inspections.
Policy 205.2.14
Monroe County shall require, in the Land Development Regulations an Existing
Conditions Report including a vegetation survey for any development that may
disturb native upland vegetation. At a minimum the report shall include an
analysis of the potential impacts of the proposed development on native upland
habitats, a description of the measures designed to reduce identified adverse
impacts including clustering.
Section 19. Amend Objective 205.5 and Policies 205.5.1 and 205.5.2, as follows:
Obiective 205.5
Monroe County, together with private, state, and federal agencies, shall establish a
program for acquiring undisturbed native upland habitat to implement Goal 105 and the
recommendations in the FKCCS. (See Future Land Use Objective 102.4 and related
policies). [9J-5.0 12(3 )(b )4; 9]-5.013(2)( c )6]
Policy 205.5.1
The Monroe County Department of En'lironmental Resources Division of Growth
Management shall work cooperatively with the Monroe County Land Authority
and other responsible state and federal agencies in developing and administering
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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 with public input taken. This list shall be
developed by Monroe County in consultation with representatives of f).NR,
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 which:
1. are determined to be high quality habitat and are designated in the Tier I
O'.'erlay districUthrough the HEI);
2. include plant species of special status endemic species;
3. are documented habitat for \vildlife species of special status;
4. are may be located \vithin Improyed Subdi'.'isions; andlor
5. are documented as significant coastal upland natural communities by the
Florida Natural Areas Inventory. [9J 5.012(3)(c)2; 9J 5.013(2)(c)6]
Section 20. Delete Policy 207.1.2, and renumber Policies 207.1.3, 207.1.3, 207.1.4, and
207.1.5 to 207.1.2, 207.1.3, and 207.1.4 respectively.
Policy 207.1.2
Upon oooption of the Comprehensive Plan, the existing Habitat Evaluation Index
(HEI), found in Sections 9.5 336 through 9.5 342 of the Lund Development
Regulations (Monroe County ROCC, 1990), and ','{hieh 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 v-/ritten methodology for completing the HEI;
2. requirements for integrating data regarding the historic sightings of rare and
endangered species and critical nestinyfeeding areas for birds; and
3. evaluation criteria ..vhich '""ill better differentiate high, medium and 10'.'0'
quality habitat.
Before adoption, the revisions shall undergo scientific peer revievl by experts in
terrestrial and wildlife ecology. To the extent possible, the reviewers shall
include those
Section 21. Delete Policy 207.10.5. and renumber Policy 207.10.6, 207.10.7, and 207.10.8 to
207.10.5, and 207.10.6, and 207.10.7 respectively.
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Policy 207.10.5
Upon adoption of the Comprehensive Plan, the existing Habitat E....aluation Index
(HEI), found in Section 9.5 336 through 9.5 342 of the Land Development
Regulations (Monroe County HOCC, 1990), and \vhich is adopted by reference in
this Comprehensive Plml, shall be revised to better protect high quality upland
vegetative communities and threatened and endangered species. The HEI shall be
re'o'ised to include, at a minimum, the follo\ving:
I. a Txritten 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. eT;aluation criteria \vhich TvYill better differentiate high, medium and lm.v quality
habitat
Before adoption, the revisions shall undergo scientific peer review by experts in
terrestrial and TNildlife ecology. To the extent possible, the reviewers shall
include those individuals '.'.'ho participated in deT/clopment of the existing HEI
methodology. (See Policy 205.2.1.) [9J 5.013(2)(c)3]
Section 22. Delete Policy 207.12.6 and renumber Policies 207.12.7, 207.12.8 to 207.12.6 and
207.12.7 respectively.
Policy 207.12.6
Upon completion of the ComprehensiT.'e Plan, the existing Habitat ET/aluation
Index (HEI), found in Section 9.5 336 through 9.5 342 of the Land Development
Regulations (Monroe County BOCC, 1990), and T,,,,hich is adopted by referenoe in
this Comprehensive Plan, shall be revised to better protect high quality upland
vegetative communities and threatened and endangered species. The HEI shall be
rc'/ised to include, at a minimum, the folloYling:
1. a \vritten methodology for completing the HEI;
2. requirements for integrating data. regarding the historic sightings of rare and
endangered speoies and critical nesting/feeding areas for birds; and
3. evaluation criteria \yhich will better differentiate high, medium and low
quality habitat.
Before adoption, the revisions shall undergo scientific peer review by experts in
terrestrial and 'vVildlife ecology. To the extent possible, the revieT.vers shall
include those individuals who participated in development of the existing HEI
methodology. (See Policy 205.2.1). [9J 5.013(2)(c)3]
Section 23. Delete Objective 1201.13.
Objective 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
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Page 19 of20
lands and open space in the public interest for conser/ation and recreation purposes. (See
Future Land Use Objective] 02.1 and related policies.) [9J 5.014(3)(b)1 and 2]
Section 24. 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 25. 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 26. 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 27. 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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the _ day of , A.D. , 2005.
Mayor Dixie Spehar
Mayor Pro Tem Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
Commissioner Murray E. Nelson
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY:
Mayor/Chairperson
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
MONROE COUNTY ATTOANEY
yA~PROVE~~ ~o ~~~
1/ " \f /\ /\~!/ -c ,>h ~ ,/'f f''::: v ('_;-~: ~ ~'t
Daie:
BY:
Deputy Clerk
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'"
WH ITE &
SMITH, LLC
PLANNING AND
LAW GROUP
S. MARK WHITE. AICP.
Admitted ill M~""'"lri anrJN"rlb c.~rn,fi",i
E. TYSON SMITH. AICP
AJmift.i} ill Ff/H'iJa
1125 GRAND BOULEVARD
SUITE 1500
KANSAS CITY. Mo 64106
TEL 816.221.8700
FAX 816-221'8702
WWW.PLANNINGANDLAW.COM
MEMORANDUM
To: Board of County Commissioners (by email)
From: Tyson Smith, Esq., for White & Smith, LLC
cc: Richard Collins, County Attorney (by email)
Tim McGarry, Director of Growth Management (by email)
Re: Proposed Tier System
Date: June 13,2005
As you know, at its meeting on June 14, 2005, the Board will
consider whether to transmit to the state comprehensive plan
amendments related to sta.ff s proposed tier system. Based on the
state's consideration, and pending its approval of the amendments,
staff will finalize implementing land development regulations and
mapping. Tim McGarry asked that I share with you my thoughts
on the tier system and, in particular, the way we are approaching
the County's partnership with the state in this and other matters.
First, it is important to bear in mind that the tier system represents
the staff's effort to comply with a state rule requiring the County to
adopt additional environmental protections and to implement the
findings of the Florida Keys Carrying Capacity Study and, the 1996
Comprehensive Plan.
Second, as we discussed during our workshop in March, given the
geographic scope of the tier system, it is not possible to know the
way that the new regulations may affect each parcel to which it
will apply. However, staff estimates that the tier system will not
change the expectations and standing of most property owners
under the Building Permit Allocation System (a.k.a. "RaGa"). In
other words, staff expects that those most likely to receive permits
under the current ROGO will be those most likely to receive
permits under the proposed tier system. The new system is
expected to allow staff and property owners to more easily assess
their status under ROGO. The defensibility of the final system will
depend on the implementing land development regulations and the
final mapping and "ground-truthing" of the tiers.
Although some property owners inevitably will elect to litigate
disputes with the County in the future, there are several provisions
we have advised staff to implement in order to further protect the
rights of property owners affected by the RaGa/tier system, For
example, administrative relief will remain a part of the RaGa
process and we have suggested additional standards to ensure
timely and coordinated acquisition where permit issuance is not
appropriate, We also advise that the ROGO/tier system be
1
.. r
evaluated annually by staff to assess its impacts on property owners and its effectiveness
in achieving its intended purposes.
Also, the new system, since it is based on "mapped" assumptions, will include a
provision whereby a property owner can appeal tier designations based on adopted
standards, Further, amendments to the existing beneficial use determination process are
being prepared to provide additional protections to property owners and to coordinate that
process with administrative relief and other property rights protection provisions
currently in place.
Finally, at the Board's direction, we continue to engage the state as a partner in the
County's ongoing effort to implement area of critical state concern requirements, We
have joined the state as a third-party in pending litigation against the County and expect
to advance our partnership through shared responsibility in policy development and legal
defense, In fact, the transmittal of the comprehensive plan amendments related to the tier
system will provide an opportunity for the state to review and comment on the tier system
before it is implemented,
Following state approval of proposed comprehensive plan amendments, we will review
the land development regulations prepared by staff. We look forward to doing so and
will continue to assist the Board in any other way that we can,
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