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Item B3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY f Meeting Date: September 22. 2005 Division: Growth Management Bulk Item: Yes - No --K- Department: Planning l Contact Person: K. Marlene Conaway AGENDA ITEM WORDING: The second of two public hearing to consider adopting an Ordinance amending the Monroe County Year 2010 Comprehensive Plan to delete HEI requirements in the Plan, require an existing conditions report including vegetation survey, require a grant of conservation easement to protect upland vegetative areas, limit the clearing of native upland vegetation dependent upon the Tier system designation, and make Tier designation criteria consistent with Goal 105. ITEM BACKGROUND: On June 14, 2005, the Board of County Commissioners adopted a DCA Transmittal Resolution submitting the draft ordinance amending various Comprehensive Plan objectives and policies to revise environmental and clearing regulations to implement provisions of Goal 105 of the Year 2010 Comprehensive Plan and Rule 28-20.100, F.A.C. Since transmittal of the ordinance, the Board of County Commissioners, upon the request of the Governor and Cabinet, approved on August 17,2005 an "Action Plan", to make further revisions to the proposed draft ordinance to further enhance habitat protection and ensure internal consistency between the revised Tier system and Goal 105 and other comprehensive plan policies. The Growth Management Division staff prepared revisions to the draft ordinance based on the "Action Plan", which were shared with DCA staff. Although the County has not formally received review comments from DCA at the time ofthis writing, the staff believes that the revisions to the draft ordinance address the concerns of the DCA staff. A copy of DCA's report will be provided as soon as it is available. The staff report contains a summary of the significant changes, particularly those required to meet the concerns of the DCA and Governor and Cabinet PREVIOUS RELEVANT BOCC ACTION: The BOCC adopted Resolution No. 172(b) -2005 transmitting the draft ordinance amending the 2010 Comprehensive Plant 0 DCA for review and comlrtent. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes No - - COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH_ Year - APPROVED BY: County Atty -X- anagement _ DIVISION DIRECTOR APPROVAL: DOCUMENT A TION: Included X DISPOSITION: AGENDA ITEM # 13-3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY ! Meeting Date: Seotember 22. 2005 Division: Growth Management Bulk Item: Yes - No -X- Department: Planning I Contact Person: K. Marlene Conawav AGENDA ITEM WORDING: The second of two public hearing to consider adopting an Ordinance amending the Monroe County Year 2010 Comprehensive Plan to delete HEr requirements in the Plan, require an existing conditions report including vegetation survey, require a grant of conservation easement to protect upland vegetative areas, limit the clearing of native upland vegetation dependent upon the Tier system designation, and make Tier designation criteria consistent with Goal 105. ITEM BACKGROUND: On June 14, 2005, the Board of County Commissioners adopted a DCA Transmittal Resolution submitting the draft ordinance amending various Comprehensive Plan objectives and policies to revise environmental and clearing regulations to implement provisions of Goal 105 of the Year 2010 Comprehensive Plan and Rule 28-20.100, F.A.C. Since transmittal of the ordinance, the Board of County Commissioners, upon the request of the Governor and Cabinet, approved on August 17, 2005 an "Action Plan", to make further revisions to the proposed draft ordinance to further enhance habitat protection and ensure internal consistency between the revised Tier system and Goal 105 and other comprehensive plan policies. The Growth Management Division staff prepared revisions to the draft ordinance based on the "Action Plan", which were shared with DCA staff. Although the County has not formally received review comments from DCA at the time of this writing, the staff believes that the revisions to the draft ordinance address the concerns of the DCA staff. A copy of DCA's report will be provided as soon as it is available. The staff report contains a summary of the significant changes, particularly those required to meet the concerns of the DCA and Governor and Cabinet. PREVIOUS RELEVANT BOCC ACTION: The BOCC adopted Resolution No. 172(b) -2005 transmitting the draft ordinance amending the 2010 Comprehensive Plant 0 DCA for review and comtrtent. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes No - - COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH_ Year - APPROVED BY: County Atty 1L- anagement_ DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X DISPOSITION: AGENDA ITEM # 13-3 BOCC ORDINANCE 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 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, 105.2.1, 105.2.3, 105.2.6, 105.2.7, 105.2.10, 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, 205.5.2,; REVISING OBJECTIVES 102.4, 102.9, 205.1, 205.2 AND 205.5; CREATING NEW 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 WHEREAS, 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 WHEREAS, 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 WHEREAS, Florida Statute 163.3 1 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 D:\environmental-goalI05compord-d.doc Page 1 of 23 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, 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 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 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 determinate 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 WHEREAS, 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, 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, the majority of Tier III is appropriate for additional infill development because of the location and amount of existing development in the areas designated; and D:\environmental-goall05compord-d.doc Page 2 of 23 WHEREAS, the current Land Development Regulations (LDRs) require properties designated on the 1986 Habitat Maps as hammock and pineland to perform a Habitat Evaluation Index (HEI) to determine the amount of clearing permitted and the negative points awarded in ROGO and NROGO; 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 HE! 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 WHEREAS, 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, at a public hearing on November 3, 2004, 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 made minor ~ changes to the proposed draft based on direction of the Planning Commission, including 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 reviewed, in a series of public hearings held in December 2004 through June 2005, the proposed amendments to the 2010 Comprehensive Plan recommended by the Planning Commission 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 approved revisions to the proposed amendments and, on June 14, 2005, approved a Resolution to transmit the comprehensive plan amendments to the Florida Department of Community Affairs (DCA); and D:\environmental-goall05compord-d.doc Page 3 of 23 WHEREAS, the Board of County Commissioners approved in concept revisions to the habitat protection elements of the proposed amendments on August 17, 2005, in response to concerns raised by the Governor and Cabinet and negotiations with the DCA staff; and WHEREAS, the DCA responded to the County transmittal on September 6,2005, in an Objection, Recommendations, and Comment report prepared pursuant to Rule 9J-11.01O; and WHEREAS, during a public hearing on September 22, 2005, the Board of County Commissioners reviewed the DCA report, the staff report and response to the DCA report, and revised amendments to the 2010 Comprehensive Plan prepared by staff in response to the DCA report and the direction ofthe Board; and WHEREAS, the Board of County Commissioners approved further amendments to this ordinance primarily revising policies in Goal 105 to ensure internal plan consistency of the revised Tier system with the policies of Goal 105, further discourage and reduce clearing of upland native vegetation and to enhance habitat protection elements of the revised Tier system by designating tropical hardwood hammocks or pineland patches of one acre or greater in Tier III for special protection and acquisition by the County; and WHEREAS, the Board of County Commissioners finds said amendments are consistent with and further the goals, objectives and policies of the Year 2010 Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. 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 develonment shall be subject to clearing limits defined by habitat and the location of the pronertv in the Land Use District (zoning) Overlay Tier Maps and the wetland requirements in Policv 102.1.1. The clearinQ limits of unland native veQetation areas for uronerties in the Ocean Reef nlanned develonment shall be limited to 40 nercent of the existinQ unland native veQetation. habitat per carrent Land D~:elopmem: R0g1:llatioFls, DivisieFl 8, hereBY D: \environmental-goal! 05 compord-d.doc Page 4 of 23 iaeorperat0d by referee.ee. la the ease ef l:l]318fld Rard'Need and piael8fld ferests tRe epea spaee is determ.iaed by tRe resl:llts ef tRe habitat 8flalysis (see CeaservatioB 8fld Ceastal Maftagemeftt, 09jeeti-le 205.2 8fld related ]3elieies). Except as defined in Policy 101.12.4. clearing of upland native vegetation areas in the Tiers I. II. and III shall be limited for the portion of the property containing upland native vegetation in the following percentages: Tier @ermitted Clearing I 0% II 40% (Big Pine Kev and No Name Kev) III 40% or 3.000 s.f.. whichever is greater: however. the maximum amount of clearim! shall be no more than 7.500 square feet. rel!ardless of the amount of unland native ve~e areay 1" ~J.. (. IWz- :i e'l<f .jfJ 'i^ ~ ~C ~ ~ ~C/Y Section 4. Amend Policy 101.14.1 as foUo : cf U '1 \.U ,1"""+ fil ().u< ~.t 10 dJ~ Policy 101.14.1 Monroe County shall discourage developments proposed within the Coastal High Hazard Area (CHHA). by methods iaeludiag, bat not limited te, aegatiye ]3eiats in tRe Perm.it ,^Jleeation and Peiat System (see Polie)' 101.5.4). [9J-5.006(3)(c)l] Section 5. Amend Policy 102.1.1 as follows: Policy 102.1.1 UfleB aaeptioR of tae Compreh0asive Plan, The County shall atilize tae Ea':inmmeatal Standards, fOl:IRd ia Seetiea 9.5 336 threl:lgR 9.5 342 ef tRe Land Deyelopffiee.t Regw.ations (hereby ineorporated by refefeB6e) te protect submerged lands and wetlands. f..eeoffliagly, The open space requirement shall be one hundred (100) percent of the following types of wetlands: 1. submerged lands 2. mangroves 3. salt ponds 4. fresh water wetlands 5. fresh water ponds 6. undisturbed salt marsh and buttonwood wetlands U]3ea aae]3tiea ef tRe Compreliensive PI8fl the CoWlty saall :furtaer ]3reteet its 'Netl8flds by reql:liriag a eRe lHmelred (lOQ) ]3ereeat e]36a Sflaee reEJ.l:lir8Hleftt for l:lftdisterbed salt mama and bmtew:looa v:etlanas llRd by reEJ.tliriag.^.. 50 foot bl:lfl0r saall be reEJ.wrea arel:lfta fresw::ater resel:H"ees. 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 6. Amend Objective 102.4 and Policies 102.4.1, 102.4.2, 102.4.3, 102.4.4, and 102.4.5 as follows: Objective 102.4 Monroe Countv in cooperation with the state and other acauisition agencies shall prepare a Land Acauisition Master Plan bv Julv 1. 2005 containing a strategy for securing fundinl!. and a determination of those sources considered Rat ta },e D: \environmental-goal I 05compord-d.doc Page 5 of 23 al'propriate 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 JBfH:lary 4, 1998, Menr-ee Col:tftty shall establish the Metlfee Celiftty NaMal Heritage 8tH! Park ProgFam. The IHH1'lose of this plan shall Be to ael:tHire lanas aRa ef'eB Sf'8ee in the f'l:lblie interest fer eeaservation ana reereation f'1::li'f'eses. [9J-5.006(3)(b)4, 10 and 9J-5.01O(2)(c)3] Policy 102.4.1 The Monroe County Land Acquisition Master Plan }JatHfal Heritage aRa Park Pragm.m shall be developed and implemented by the Growth Management Division, in cooperation with the Monroe County Land Authoritv. FDEP. FDCA. FWC. USFWS with the Parks ana ReereatioR Beam and other ImewleElgeable ee\::lflty aRd responsible federal 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 lands shall include, at a minimum: 1. lamls eentmning a8tafally eeoorriag ana flative habitats; 2. lands eontmning habitat eritieal te, or providing signifieant prateetien fOr, speeies aesignatea as threatened or enaangerea by the U.s. Fish 8fld ',VUdlife Serviee aGel/er State efFlorida; 1. designated Tier I (Natural Areas) lands as defined in Policy 105.2.1.1. which shall include all contiguous hammock or nineland areas above four acres m area: 2. restoration areas between fragmented hammocks to mcrease the contiguous hammock size and buffers where appropriate and lands containing naturally occurring and native habitats: 3. fresh water wetlands. and undisturbed salt marsh. and buttonwood wetlands that are required onen snace under Policy 102.1.1: 4. patches of upland native vegetation of one acre or greater in MM area in Tier III. designated as Snecial Protection Areas. that provide habitat for small birds and animals and contribute to the auality of the neighborhoods: ~.2.. lands containing uniaue 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; D:\environmental-goal105compord-d.doc Page 6 of 23 7. lands in Tier III for employee and affordable housing that do not involve the clearim! of anv unland native velZetation within a desimated Snecial Protection Area: ~~. 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; and. [~l S.QQ~p)(e~1 Mia ~] 10. lands with habitat value on Big Pine Kev and No Name Key to meet mitigation reauirements of the Big Pine Key and No Name Key Habitat Conservation Plan. r9J-5.006(3)(c)4 and 61 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 wMIo shall prioritize Tier I lands over Tier II (Big Pine Key and No Name Kev) and Tier III lands. Outside the boundaries of Tier I. land with fragmented hammocks M8 or ninelands of greater than one-acre in 8lM area and wetlands identified in Policy 102.4.2.2 shall be the second highest Priority for acauisition. Acouisition of land for affordable housing in Tier III that does not reallit'e .e involve anv clearing within an upland tropical hammock or nineland of one acre or greater in 8lM area shall also be a top priority. will eeBsiaer fresft.\vater looses ana Feeharge areas, espeeiaUy taese waieh overlap tke aabitats of eadaBgef0a er tlH'eateaea wildlife sfleeies, as a higll flrierity. [9J-5.006(3)(c)4 and 6] Policy 102.4.4 .. The Monroe County Land Acouisition Master Plan shall contain an acquisition financing plan shall be develofled lH'lIM:lally which identifies fleteMial sources of funding for acquisition of lands on the Priority List. F:maiBg se1:H'ees \WHek shall be eOBsidered iaelQde tke fullowiag: Land acouisition 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 responsibilitv for acauisition of Tier I. conservation and natural lands. The County ~ shall be responsible for purchases in Tier II (Big Pine Key and No Name Key) and in Tier III of wetlands and fragmented hammock or nineland areas of one-acre or greater. Land acquisition for other priorities depends unon funding availability. need and future use. r9J-5.006(3)(c)4 and 61 L Florida ReereatieB De\'elopm.oot fLssistaRee Program.; 2. Preservatioa 2000 Trust Fl:llla 3. CeBservatieB ana ReereatieB LaRas (C:\RL) Pl'€lgram; 1. LaRa ana 'J! ater CeBservatioB F1:1fia; 5. OrbaR Parks and Reereatioa Reeevery (OPARR) :\et-ieB Graftts; D:\environmental-goall05compord-d.doc Page 7 of 23 6. loeal fuRds made ft"failable fr{)m fair sfta:re eemH1-l:Hlity pa:rk impaet fees (paid pl:lfSRaRt to the Monroe CeRmy LaRd De>/elepmoot RegalatieRs); aaa 7. Loeal fuRds as may be maGe available tmeRgn speeial apprepriatioR BY the Monroe Coooty Beam of Celifity Comm.issioRefs. [9J 5.00e(3)(e)4 . and 6] Policy 102.4.5 An intergovernmental organization and management structure shall be developed to implement the expanded acquisition program. including reoresentatives of the Growth Management Division. Land Authority. municipalities and state and federal agencies. The GTo'Nth Managemem DivisieR shall, iR eeeRRflatieR ',vitft tfte Grants Manager, FFlake ap13lieatiofls te fuflaiRg SOQfses as idefttifiea iR tfte B:I'lffi:lal aeEJ:liisition fiRaReiRg plan. [9J-5.006(3)( c)4 and 6] 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 oolicies to direct the overall acquisition program. criteria to follow when setting priorities for acquisition and a framework for the acquisition orocess and the sharing of resoonsibilities. At a minimum the plan ~ shall include the following:: L Environmental protection. density reduction and passive recreation: a) public acquisition. ownership and maintenance will be the oreferred option for Tier I lands and for clusters of undisturbed wetland and tronical hardwood hammock. or nineland ~oatches of one acre or greater in size in Tier II (Big Pine and No Name Key) and Tier III; b) buy/sell back to the adiacent 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 orime imoetus 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 oartner 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 ol'portunities 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 I'HsPitilZlati8R rankinl! of land acquisitions within the different priority areas will include 1) the size and the location of the prooerty and surrounding land uses including management status. 2) minimization of the edge to area ratio of parcels by combining lots for acquisition. 3) ootential for successful reclamation if within a larger. D:\environmental-goall05compord-d.doc Page 8 of 23 better hammock quality area. and 4) maintenance costs for isolated parcels. 2. Affordable and emoloyee housing: a) . parcels in Tier III tftllt 81"8 suitable for the development or redevelooment of six or more residential units will be identified and prioritized for acquisition; b) oriority for acquisition will be given to projects that are ready to proceed with RaGa allocations available; c) public/private/non-profit oartnershiQs and! or agreements will be utilized eMM to develoo the site and maintain the affordabilitv of residential units in oemetuity. Section 8. Create new Policy 102.4.7. Policy 102.4.7 Lands acquired through the Monroe County Land Acquisition Program shall be managed to restore. oreserve. and orotect the conservation. recreation. density reduction and affordability ourposes for which the lands were aCQuired. (See Recreation and ODen Soace Obiective 1201.11 and related oolicies.) f9J- 5.006(3)(c)4 and 61 Section 9. Amend Policy 102.7.3 as follows: Policy 102.7.3 Monroe County shall discourage development8 proposed on offshore islands by methods including, but not limited to, designating off shore islands as Tier I lands. negati'le poiBts in the Permit .^Jloeatiea anEI PoiBt System. [9J-5.006(3)(c)6] 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 metheas iaeh::lmBg, el:lt Rot limitea to, Begati':e peiRts iR the PenHit .^JleeatieR anEI Peiftt System. (see Poliey 101.5. 4). (See 0ejeetives 101.2, 101.3, lH'ld 101.5 and related peliees) [9J-5.006(3)(c)6] Section 11. Amend Policy 102.8.5 as follows: Policy 102.8.5 VpeR adoptieR ef tae Ce:fBl3reheRsiY8 PIM, Monroe County shall iBitiate 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 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, D:\environmental-goall05compord-d.doc Page 9 of 23 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.t-afl6-r9J-5.006(3)(c)61 4. Manroe CoUftty regt'llatiaas regamiag de'lelofJmoot ia CBRS 1:H1its, iaehuliag tae P0I1.'Bit :\llaeatioll System. regulatioas, \vmek eam.mits aegatiye paiBts for de':elafJftleflt ia C.8RS amts. (See Paliey 101.5.4.) [~J ~.QQ~(3)(8~~] Section 12. Amend Objective 102.9 and Policies 102.9.1, 102.9.2, 102.9.3, and 102.9.4 as follows: Objective 102.9 .8y J8ffi:lary 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 eo1:lftty publicly owned lands acauired through implementation of the Monroe County Land Acauisition Master Plan (Obiective 102.2). Goal 105 and the Florida Kevs Carrvim! Canacitv Studv FKCCE. laeated witkia aad adjaeeftt to parIes aRd eeaservatiefllands ':.'hieh are owaea by ilie state and.federal gevemffiefNs ia the Flariaa Keys. [9J 5.006(3)(b)4] Policy 102.9.1 Monroe County shall discourage developments which are proposed in Tier I through the permit allocation system and the environmental regulations. withia Conservation LaRd Proteetiaa Meas (as deBaed ia Petiey 102.9.3 eele~lI) by methods iaeladiag, bat not limited to, negatiye peims iBta ilie Peullit l\lleeatiafl and Peint System. (see Potiey 101.5.7). (See oejeetives 191.2, 101.3 aRd 101.5 and related pelieies.) [9J-5.006(3)(c)6] Policy 102.9.2 Upea adoptiofl af tae COR'lf)reBeflsi'le Plan, Monroe County, in cooperation with appropriate state and/or federal agencies, shall initiate Ceaservatiea LaRd Proteetion .'\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. acauisitions continue and new information becomes available through biological research or monitoring of the management units. eaaservatiefl lands in Me8ftle Ca1:lftty. The pl:llJ>ese af tkese plamliftg efforts '::ill be te idootify e\:HTeBt and futare land ase aeti'lities ':/flieR are eaasiag, ar a&"/e tke pateB:tial far eaasiag, aGVefse iR'lf)aets oa seflsitive naWfal feamres aRd aatufal reselH'ees witftia state Elfld federal eeRservatiaR laRds. Land lise aetivities of eafleefB. skall iRelade bata puelie and pri'late aetiaBs. Manroe Cawt)' saall eaR'lf)lete Caftservatiaa LaRd ProteetioR Area plaRS for eaeR of the eonservatiaa lands iR MaMae Cmmty by Janl:lary 4, 1998. [9J-5.006(3)(c)3] Policy 102.9.3 D:\environmentaI-goal105compord-d.doc Page 10 of23 In coooeration with other resoonsible state and federal agencies. Monroe County shall develoo organization and management plans to initiate a orogram for protection. restoration and management of acauired lands. Management obiectives for soecific management units will be develooed in concert with state. federal and municioalland management orograms resoonsible for adioining lands. UpOR adeptieR ef tlie Comprehensive Plan, Menree CeWlty, iB eeepef8.tiaR '."lith apprapriate state atld/or feaelal &gooeies, shaH initiate effarts ta iaemify a Conservation Land PreteetieR ,\rea fer eaek eeBservatieR area avmea by the state afla feaeral gevefflfl'leats iR the Floriaa Keys. These ConservatioR LB:fla PreteetieR :\reas shall ineh:lae: 1. private lands laeatea within eKisting park B:fla eORservatiea lana bmmdaries; afla 2. pri'late lanas B:fla eal:laty a':,'flealanas witlHB a aesigaated bl:lffer adjaeem to eaeh eORservationlana. Buff-er areas shall be desigaatea OR an iaai-.1.a:aal ease basis 8fl:a shall refleet tHe resouree proteetioR eoneems and 18:fla ownersffip patterns SfJeeifie ta a partiel:llar eORservatiaB land. CORservatiaa 18:flas fer ':rhieH a Conservatiea L8:fla Prateetiaa Area skall ee desigaatea iRell:lae tHe fellewing: 1. Fort Jeffersoa National Mal.'N:lll'leat 2. Natieaal Key Deer Refuge 3. Great '.''Rite Herea Natioaal Wilalife Refuge 1. Key 'Vest Natiaaal 'Nildlife Refuge 5. Creeaaile Lalce National WiIalife Refuge €i. John Poonek8.tll:f) Caral Reef State Park 7. Long Key State Reereatiaa ,^sea 8. Bahia Heaaa State Park 9. Key Larga HatBfl'leek St!lte Bet8fl:ieal Site 10. LigaUfflvitae Key State Bot8fl:ieal Site 11. 'Vindle)' Key State Geelegieal Site 12. Iaaian Key State Histerie Site 13. Ligm:um1.tae Key State :\ElURtie Preserve 14. Bisea)1le Ba-)' Card SOUBa State AEJ.l:latie Preserve 15. Sm Pedre :\.l'ehaeelegie ,^..EJ.l:latie Preserve 1 €i. C.e~oR Bight State :\ql:latie Preserve 17. NertR Key Large Hammaek C:\RL Prejeet 18. NartR Laytaa Hammaek C,^..RL Prejeet 19. C1:lIl)' Hammaek State Park 20. COl:lpeR Bigkt/Ke)' Deer Cf..RL Projeet 21. Or:<llea's Rookery Preserve 22. Sa','e OtH' Ri','ers Big Pine Key Prejeet 23. Fort Taylor State Histarie Site 2<1. SHell Key '^LEJ.l:latie Preserve D:\environmental-goaII05compord-d.doc Page 11 of 23 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 Jam:lary 4, 1998, Mellfee COtHlty, in eeefJefatiea with appropriate state anGler f-eeefal ageaeies, shall de>:elefJ a management plan fer eaeR Censervation LaIKi Proteetiea ;\rea. These plans sRall idetltify aetiens te Be taken BY MOllfee C01:lIlty within t.fle Conservatien Land Proteetion :\rea ia Stiflpert ef the pt1.l'pese fer ',Wiiek eaeR eORselyatioa land was aequiroo. These aetieas shall iBelRde: 1. land managet'l'leBt aetioRs for private lands and eeRBty eVlfled lands, partieW.ar1yas iliey relate te: a) eritieal speeies proteetiea; b) invasive plant fet'l'le>/aI; e) restOl'atien ef distarbed wetland and Rpland haBitat; d) pestieide applieatieas; e) preseribed bRmiag; and f) aetivities wffieR have poteBtial ftdvefse ift'll3aets oa nearoo.ere watef quality. 2. reeommeadatioBs regardiag perm.ittiag ef shereline struetares, eroogiag and filliag and sRBst-rate alteratiea; 3. aetions to maiBtaiR aad/er ift'll3rove pRhlie aeeess te state and faeefal eeBservatiea lands; 4. strtNegies fer ',yorkiag eeeper-atively ',yitk pri';ate laneewaem ia slippen ef eonservatiea; and 5. fuMe intefge';em:meBtal eoor-diBatiea v;iili state anEllor fedefal ageaeies eontrolliag anGlor managiBg tHe eOBservatiea land. [9J 5.00~(3)(e)~] Section 13. Delete Policies 102.9.5 and 102.9.6. Peliey 192.9.5 Managem.eat pl8:BS shall be re';ievled eyery thr-ee years, ia eoepeFatien with the apprepriate state ane/or federal ageaeies. Re>/lsieas to efteR CoaSefvatiea LaIKi Proteetiea ,ALrea and manageHleftt plan shall Be maee as aeeessary te reHeat reeeBt land aef}i:lisitieBs and elumgiBg managet'l'letlt prierities. [9J 5.99~(3)(e)()]] Pelie~' 192.9.fi Wit1:Ha eighteen moailis follewing ae(:}Risitiea ef additieBaI eeBservatiea lands by the state and fadefal ge'/erBfBeats, ilie Ccnmty shall, in eoopefatiea wiili appropriate state anEllor federal ageneies, desigaate a CeRservatisa Lands Preteetioa ;\rea for the atw;ly aef}i:lired propeRY afld eOft'll3lete a maBagemeftt plan. (These aetioas shall be re(:}Rired enly for ae~sitieas vlhiek are Bot expansieas ef exist-iag eeaservatiea lands.) [9J 5.00~(3)(e)~] D:\environmental-goall05compord-d.doc Page 12 of23 Section 14. Amend Policyl03.2.1 as follows: Policy 103.2.1 Upon aaaptiaa ef the CeHlflreheasive Plafl, Monroe County shall implement methods including, but not limited to, designating known habitat of the Schaus's swallowtail butterfly as Tier L the Permit l\llaeatiaa afla Paiftt System ia order ta diseour&ge a~/elopmeets. preposed witlHa ha.mmaeks (iaentifiea p1:l:fS\:lBftt ta Coaservatiaa afla Caastal Maflagemeet Poliey 207.10.1) asea BY Sehaas' s'.vallo\vtail butterfly afld the lanas ia the Narth Key Largo Ha.mmaeks C.^~RL Projeet State .^.:e€lwsitioa :\rea ia the permit alleeation afld peiftt system. (See Peliey 101.5.1.) [9J-5.012(3)(c)l; 9J-5.013(2)(c)5 and 6] Section 15. Delete Policy 103.2.2. Peliey 193.1.1 Uflaa aaoptiaa ef the CempreheBsi',e Plan, ~e eKistiag HaBitat Eyalaat-iaa lBaeK (HEI), fmmd ia Seetieas 9.5 33{i threagh 9.5 312 af the Laad Deyelepmeat Regalatieas (MoIH'oe C01:l1lty BOCC, 1990), and v.mOO is aaaf'tea BY refereRee ia this Compreheasive Plafl, shall he fe.Asea te gi',e greater eeasidef8.tiaa te the habitat of sf'eeies of sf'eeial stams, iaeladiag tlie :\meneBfi efeeeaile, the Key Large -:leaa rat, the Key Largo eottoa mouse, afla the Sehaas' swalla':rtail bmterfly. The REI shall he revisea to iaeluae, at a min:iHH:1IB, the fella';:iag: 1. a ':,TItten methodolagy fer eampletiag the HEI; 2. requirements fer ifttegratiag aata regar-diag the lHsterie sigftt.iags ef F8:fe ana endaflgered speeies and eritieal aestia~feem.ag areas fer Bints; and 3. lwalaatien eriteria ',\ilieh ',vill Better differeatiate lHgh, mediam ana Ie'll €luality haBitat Hefere aaoptioa, the r~.isioas sl:1all underge seieetifie peer r~,iew hy e*p0fts ia teffestrial Bfia ':,ilalife eeelegy. To the eKteat pessible, the r~A~:Jem shall inelliae those indiyiduals ',yha partieipatea ia d~lelopm.eet of the eKistiag HEI . ethaaalagy. (See Poliey 2Q5.2.1.) [9J 5.013(2)(e)3] Section 16 Amend Policy 105.2.1 as follows: Policy 105.2.1 Monroe County shall designate all lands outside of mainland Monroe County", excent for the Ocean Reef olanned develooment. into three general categories for purposes of its Land Acquisition Program and smart growth initiatives in accordance with the criteria in Policy 205.1.1. These three categories are: Natural Area (Tier 1); Transition and Sprawl Reduction Area (Tier II) on Bil! Pine Kev and No Name Kev only; and Infill Area (Tier III). The oumoses. l!eneral characteristics. and Q:I'owth management aooroaches associated with each tier are as follows: D:\environmental-goal105compord-d.doc Page 13 of 23 1. Natural Area (Tier I): Any defined geographic area where all or a significant portion of the land area is characterized as environmentally sensitive by the policies of this Plan and applicable habitat conservation plan, is to be designated as a Natural Area. New development on vacant land is to be severely restricted and privately owned vacant lands are to be acquired or development rights retired for resource conservation and passive recreation purposes. However, this does not preclude provisions of infrastructure for existing development Within the Natural Area designation are typically found lands within the acquisition boundaries of federal and state resource conservation and park areas, including isolated platted subdivisionsr-and privately-owned vacant lands with sensitive environmental features outside these acquisition areas. 2. Transition and Sprawl Reduction Area (Tier II): Any defined geographic area on Bil! Pine Kev and No Name Kev where scattered groups and fragments of environmentally sensitive lands, as defined by this Plan, may be found and where existing platted subdivisions are not predominately developed, not served by complete infrastructure facilities, or not within close proximity to established commercial areas, is to be designated as a Transition and Sprawl Reduction Area. New development is to be discouraged and privately owned vacant lands acquired or development rights retired to reduce sprawl, ensure that the Keys carrying capacity is not exceeded, and prevent further encroachment on sensitive natural resources. Within a Transition and Sprawl Reduction Area are typically found: scattered small non-residential development and platted subdivisions with less than 50 percent of the lots developed; incomplete infrastructure in terms of paved roads, potable water, or electricity; and scattered clusters of environmentally sensitive lands, some of which are within or in close proximity to existing platted subdivisions. 3. Infill Area (Tier III): Any defined geographic area where a significant portion of land area is not characterized as environmentally sensitive as defined by this Plan. exceot for disnersed and isolated fraQIIlents of environmentallv sensitive lands of less than four acres in area. where existing platted subdivisions are substantially developed, served by complete infrastructure facilities, and within close proximity to established commercial areas, or where a concentration of non-residential uses exists, IS to be designated as an Infill Area. New development and redevelopment are to be highly encouraged. exceot within tronical hardwood hammock or nineland natches of an acre or more in area. where develonment is to be discoural!ed. Within an Infill Area are typically found: platted subdivisions with 50 percent or more developed lots situated in areas with few sensitive environmental features; full range of available public infrastructure in terms of paved roads, potable water, and electricity; and concentrations of commercial and other non-residential uses within close proximity. In some Infill Areas, a mix of non-residential and high-density residential uses (generally 8 units or more per acre) may also be found that form a Community Center. D:\environmental-goall05compord-d.doc Page 14 of23 Section 17. Amend Policy 105.2.3 as follows: Policy 105.2.3 The priority for acquisition of lands and development rights under the County's Land Acquisition Program shall be aB felh~".~:BI Ti9f I fN8ftH181 Antij Blat In't8Pi~'1 Ti8r II (TlaRBiti8R ana R~rw;:l R8tWati8R .ftA'etij 8888Ra I'ft8ftty; Mia Ti8l' III (IRHll f..,8tij tbira I'ft8ft~., 8H88l't R8t}1H8itt8R 8f laRa fer aiIeraRhle k8li8iBg BluMI al88 he 8. kFSt I'ft8ftty. uursuant to Policv 102.4.3 These acquisition priorities shall be applied consistent with ~Policy 105.2.10 that directs the focus of the County's acquisition efforts to the acquisition or retirement of development rights of privately owned vacant platted subdivision lots within Tiers I and II. Federal, State and local funding will be used for purchasing privately owned vacant lands for Tier II. Section 18. Amend Policy 105.2.6 as follows: Policy 105.2.6 Monroe County shall implement a land acquisition program to acquire most privately owned vacant private lands within areas designated as a Transition and Sprawl Reduction Area (Tier In on Bi!! Pine Kev and No Name Kev and uatches of trouical hardwood hammock or uinelands of one acre or l!feater in area identified as a Suecial Protection Area within a desiimated Infill Area (Tier lIB. Section 19. Amend Policy 105.2.7 as follows: Policy 105.2.7 Monroe County shall implement 3D limit8a lMia acquisition program to acquire privately owned vacant lands disturbed or scarified ~ 88BBiti-:8 8w:ir8IlM8Btal :kl8flw8B f8r 88R8sf":Mi8R 1'~8BSB 8.I1a 88mBsa properties for affordable housing within areas designated as an Infill Area (Tier III). Section 20. Amend Policy 105.2.10 as follows: '" Policy 105.2.10 In terms of effort, Monroe County shall primarily focus its Land Acquisition Program on the acquisition or retirement of development rights of vacant privately-owned. buildable. ulatted lots within Tier I and Tier II and the acquisition of scarified and disturbed lands for affordable housing within Tier III. This policy recognizes the critical need for the County to aggressively address the imbalance between development expectations of private property owners and the finite carrying capacity of the natural and man-made systems in the Florida Keys. Section 21. Amend Policy 105.2.12 as follows: Policy 105.2.12 With respect to the relief granted pursuant to Policy 106.1 (Administrative Relief) or Policy 101.18.5 (Beneficial Use), a purchase offer shall be the preferred form of relief for any land o;ritkiR Ti8r I BRa Ti8l' II, 8r MY lana "JdthiR Tisr III Ht RS881aMi88 ~\'itk meetin!! the criteria in Policy 101.6.5. D:\environmental-goall05compord-d.doc Page 15 of23 Section 22. Amend Policy 204.2.1 as follows: Policy 204.2.1 Upen adoptien of the Cel'ftfJreI:1eftsive Plan, tfle Ce1.iftty shall utilize tae En'lironmefltal Stanaaras faURa in Seetien 9.5 336 througk 9.5 342 sf tfle LB:R8 De"/elapmeBt Regalations (hereby iaeorpomted by refereftee) To proteet saBmerged hmas ana '::etlanas. i\eeaR:ting.J.y To protect submerged lands and wetlands the open space ratio shall be 100 percent of the following types of wetlands: 1. submerged lands; 2. mangroves; 3. salt ponds; 4. freshwater wetlands; 5. freshwater ponds; and 6. undisturbed saltmarsh and buttonwood wetlands. Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and undisturbed salt marsh and buttonwood wetlands only for use as transferable development rights away from these habitats. Submerged lands, salt 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 23. Amend Objective 205.1 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, 1998, Monroe County shall utilize the computerized geographical information system (GIS) and the data, analvsis and mapping generated in the Florida Kevs Carrying Capacity Study (FKCCS). FMRI. habitat maps and field evaluation to '.ffiiefi v/ill pro':ide mare eurreat Bfta more refinea data an apland v.egetation in the Floriaa Keys identify and mal' areas of upland vegetation in the Florida Keys and to prepare Tier Overlay District Maps as reQuired in Policy 105.2.2. [9J-5.012(3)(b)I; 9J- 5.0 13 (2)(b)3] Policy 205.1.1 The County shall establish the following criteria at a minimum to use when & fiela a eonsisteat methoaalog'l B:Rd eriteria for mapping Bftd evaltiating aplana 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 stM area. . Vacant land which can be restored to connect upland native habitat patches and reduce further fragmentation of upland native habitat. . Lands reauired to provide an undeveloped buffer. ut> 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 D:\environmenta1-goa1105compord-d.doc Page 16 of23 the need for the buffer or reduces its denth. . Lands designated for acquisition by public agenCIeS for conservation and natural resource protection. . Known locations of threatened and endangered species. . Lands designated as Conservation and Residential Conservation on the Future Land Use Map or within a buffer/restoration area as al'propriate. . 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 Key and No Name Key that are not designated Tier I shall be designated Tier III. 4. Desimated Tier III lands located outside of Bil! Pine Kev and No Name Kev with tronical hardwood hammock or ninelands of one acre or f!feater in area shall be desimated as Snecial Protection Areas. 5. Lands within the Ocean Reef planned development eN shall be excluded from any Tier designation. Policy 205.1.2 The County shall eOlnfllete 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 ideffiifiea ia tae Plariaa tJaWfal Areas lavefttory. [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 analvze the data and prenare the Tier Overlay District Mans for adoption as required in Policv 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. identifving vacant lands. platting and ownership status. zoning. and appraised values for acquisition planning:. Vegetatiea aata shall Be plotted oa tae GIS at a seale of 1 iaea el.iaals 20g feet. [9J-5.013(2)(c)9] Policy 205.1.5 Land management activities. land acquired HaBitat e';alaatiaa iaaeK 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 D:\environmental-goall05compord-d.doc Page 17 of23 Environmental Protection Agency (EP A), Army Corps of Engineers (ACOE), DER, DNR, Florida Deoartment of Environmental Protection (FDEP). Florida Department of Community Affairs (FDCA). South Florida Water Management District (SFWMD), Florida Fish and Wildlife Conservation (F~~), and nongovernmental environmental groups the NatieB.al ;\.ac:kiaeB. Soeiety (ReseareR Def'artmeftt). [9J-5.013(2)(c)9] Section 24. 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 follows: Obiective 205.2 To implement Goal 105 of this Plan and the recommendations in the Florida Keys Carrying Capacity Study (FKCCS), Monroe. County shall adopt revisions to the Land Development Regulations which further protect and provide for restoration of the habitat values of upland native vegetated communities, including hardwood hammocks and pinelands. [9J-5.012(3)(b)I; 9J-5.013(2)(b)3] . Policy 205.2.1 Monroe County shall designate the boundaries of the overlay tier system based on the criteria in Policv 205.1.1. Upon aaef'tieB. ef the COfBf'feReasi'/e PIBfl, the Cel::lBty saall atilize tI:1e Haaitat E':alaation Iaaex (HEI), fel:1Ila ia SeetieB. 9.5 336 tmoagh. 9.5 342 ef the Lana De\'elopmem Regalatioas, aerea)' iaeeff)emtea ay refereaee, te e'lalaate ana f'reteet seasitive aaBitats ef tae Fleriaa Keys. UpOB. aaef'tiEla of the CompreReasive Plan, Monroe Col:lflty saall eomplete r0':isioas to the HEI ':Aliea saall iaelade, at a miBim1::lB'l, tI:1e fellawiag: 1. a \mttea metheaalagy fer eeffillletiag tae HEI; 2. reqaireB.'leats fur iategratiag aeta regafEliag the msterie sigMiags af fare Bfla eaaBflgered sf'eeies Bfla eritieal aestiag'feeaiag areas fer Bir.as; Ma 3. evalaation eriteria V/meh will aetter aifferefttiate high., meaitHR Ma le'l/ €J.l:lalityaaBitat Befere aaef'tiofl, the revisieB.s sfiall 1:lB.aerge seiemifie f'eer review ay eXf'erts ia terrestrial Ma wilalife eeelegy. Te tae exteftt possiBle, the r0'Re"lIefS saall iaelade taose ifldi'/iEk:Ials wRe f'artieif'atea ia ae"/elef'fBeat ef tRe ~istiag HEI met.fieaelegy. The eempreReasiye f'lan sRall Be Bmeaaea to iael1:1tle tI:1e HEI reViSlaB.. Policy 205.2.2 Uf'an aaaf'tion ef tI:1e CeffillreReash'e Plan, Momae Col:lflty sfiall impleB.'lem tae PeRRit ,AJloeatiea Bfla Paiat 8ysteHl. Monroe County shall discourage assign a aegati':e f'aim ratiB.g to developments in Tier I and within !roDical hardwood hammock or Dinelands of one acre or more in area. "WileR disturB to protect ~ of native upland vegetation. Sites IUP/iag mgh. li}Qality Bati...e l:!f'lBfla '/egetatieB s aall reeei'/e a greater Begative poim raaag thaa sites aa':iag fBeai1::lB'l ana Ie'll D:\environmental-goall05compord-d.doc Page 18 of23 q\:lality native \:lplaftd '/egetatien. Habitat yal\:le shall be determinea tm-el:lg1:J: applieation ef mellSl:lfeS as speeified in the HE!. (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 tier overlay district maps. wftieh exhibit funetioeal iHt:egrity and ':iability saall meet or exeeea their existiag pereefttages ,as follo'.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 aamlRoek high tJ:tlality 0.80 me aerate l:}Qality 0.€i0 Ie'.\, €l\:lality 0.10 disturbed 0.40 2. lovI hammeek high quality 0.80 me aerate l:}Qality O.€iO lo'.\' l:}Qality 0.40 dismrbea 0.40 3. palm aamm.eek 0.90 1. eaems hfHIlffleek 0.90 5. pillelaftas mgll qiiality 0.80 Ie':! €l\:lality 0.€i0 dismrbea 0.€i0 6. searifiea 0.20 The aefinition fer epen spaee saall be that elHTently eoatainea ill 8eetieB 9.5 4(0 3) of tae F.8. 380.05 eo~liant L8fla D0':elepmeftt Reg\:llatieBB, hereby inee1l"eratea by ref-ereBee. Policy 205.2.7 Clearing of native vegetation shall be limited to the percentage and maximum allowed in Policy 101.4.22. ana shall be ealleEl t.fie immeEliate aeyelepmeBt 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 8lemB!! lH!ABittea iR 1 Q 1.1.JJ aT a maximum of 5.000 square feet v:ltieR8':8f iB leBS . 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 D:\environmental-goal105compord-d.doc Page 19 of23 surface and vegetation within areas of native upland vegetation not approved for clearing. reE}tlirea e~ea s~aee areas. [9J-5.013(2)(c)3] Policy 205.2.12 Monroe County shall RfJ~ly all ew.<iremReatal regalatieas iaehlaiag llse as a baseliae to deteRBiae tfie eleariag that Hl/i'Y Be ~ermittea oa a site aeeeFEliag ta 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 tvoe 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. iaelade a diselaimer statemeBt te ad'.<ise the fll:iBlie that the maps are geBeralizea ana that haBitat desigaatioFls are sabjeet te ':eniieatiea t:hre1:1g.R fiela iaSfleetieas. 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 revort shall include an analysis of the potential impacts of the proposed development on native upland habitats and a description of the measures designed to reduce identified adverse impacts. including clustering. Section 25. 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 1:1aaistureea native upland habitat to implement Goal 105 and the recommendations in the FKCCS. (See Future Land Use Objective 102.4 and related policies). [9J-5.012(3)(b)4; 9J-5.013(2)(c)6] Policy 205.5.1 * The Monroe County DeflarllBeat ef Enyirenmeatal Rese1:H"ees Division of Growth Management shall work cooperatively with the Monroe County Land Authority and other responsible state and federal agencies in developing and administering the acquisition program. Acquisition shall be undertaken as ~art of to implement the Monroe County Land Acauisition Master Plan (Objective 102.4) NaGifal Heritage aHa Park Pregram. [9J-5.012(3)(c)2; 9J-5.013(2)(c)6] Policy 205.5.2 A list of priority native upland habitat acquisition sites in Tier I shall be drafted and 1::lf)aated reviewed annually with public input taken. This list shall be developed by Monroe County in consultation with representatives of ~, FDEP. FDCA. USFWS. SFWMD. FWC the Natioaal ,^..'1:1c:kiBea Seeiety Researek D6)3artHJ.eat, The Natare Ceas0fVlHley, and others as appropriate. Prierity aati'fe uplaaa vegetatiea aeEJ.1:1isitiea sites shall iael1:1ae these '.\<ftieh: 1. are determiFlea te be high E}Qality haBitat lHla are designated ia the Tier I overlay distriet(tlwe\:lgR the HE!); D:\environmental-goall05compord-d.doc Page 20 of 23 2. inehH:!e plant speeies of speeial starns efulem.ie speeies ; 3. are aooomeffied RaBitat fer v:ildlife ~eeies af speeial starns; 4. are may he loeated o::ithia lmt9roved 8\:lbdivisioas; aRElIor 5. are dooomeftted as sigaifieam: eoastal apl8:fta aanwal eommwtities BY tRe Florida Nat1:lral.t'\reas Ill'lefttory. [9J 5.012(3)(e)2; 9J 5.013(2)(e)6] Section 26. 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. PaYey 207.1.2 Upon aaoption of the CompreheRsive PI8:ft, tHe ~istiag HaBitat E'/alaatioa maex (HE I), foooa ia 8eetioas 9.5 33~ tllfoagli 9.5 342 of the Lana De'/elopmeat Regalatioas (Manr'Oe Col:lftty HOeC, 1990), aRa wlHeh is adopted BY refefeB.ee ia this ComprooeBsi':e Plan, shall Be re>/isea to give greater eoasidemtioa to tHe HaBitat of speeies of speeial statHs 8:fta eritieal aestiag'feeEliag areas fer BiFds. The HEI shall Be revisea te iael\:lEle, at a miBiHN::lfB, tHe fellewiag: 1. a ':flitteR methodelegy fer eompletiBg the HEI; 2. reqairem.eats fer iFltegratiag aata regaraiag tHe histerie sigl:Niags ef Fafe ana eflaaRgerea speeies and eritieal Flestia~'feeaiag areas for BiFds; 8:fta 3. evalaatiea eriteria wlHeh v:ill Better differeatiate lHgli, meaiWB ana 10'1: Ef\:lality haBitat. Before adeptioa, the revisieFls shall 1:lflderge seiefttifie peer re':iew BY experts ia terrestrial 8:ftd ':lilalife eeelegy. Te tHe exteftt pessiBle, tHe revie>.vem shall iaelaae these Section 27. 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. PaYey 207.10.6 Upea aaeptiea ef the ComprooeRsive PlaR, tHe existiag HaBitat E~..alliatiea ma~ (HE I), fe1:lfld ia 8eetioa 9.5 33~ tftroligB. 9.5 342 ef the Lana De'lelal3meftt RegalatiaFls (Memee Cauftty HOCC, 1999), aRd vfflieh is adapted BY refeFeB.ee ia this Compreheasi':e PI8:ft, shall Be r01/isea to Better proteet higli 'iaality lipland vegetative eeft'l.iHQBities and tftreateaed and ead8:ftgered speeies. The HEI sRall Be revised to iaelude, at a miFli.mlHR, the fellevliag: 1. a '."fitteR mt*liodelegy fer eempletiFlg tHe HEI; 2. reqairefReFlts fer iFltegFatiag aata regamiag the msterie siglitiags of Fare aflEl eaaaRgered speeies aRd eritieal aestia~'feediflg areas fer BiFds; and 3. e>.'alliatiea eriteria wmeh will Better aiffereatiate lHgh, medilHB anello'.v 'iaa1ity habitat D:\environmental-goall05compord-d.doc Page 21 of23 Befere aaeptiea, the revisieas saaU ooaergo seiefttifie peer re...ie\v BY experts ia terrestrial ana '::ildlife eeelegy. To the extent pessiBle, the revievlers shall iael1:lae taese iaai'liffiials \.'180 partieipatea iB aevelepmeftt ef the existing HEI metheaelegy. (8ee Peliey 205.2.1.) [9J 5.013(2)(e)3] . Section 28. Delete Policy 207.12.6 and renumber Policies 207.12.7, 207.12.8 to 207.12.6 and 207.12.7 respectively. PaYey 207.12.' UpeB eempletien. ef tat) CeFl'lf)reken.sive Plan, tlie existing HaBitat E',all:latieB Inaex (HEI), fe1:lad in 8eetieB 9.5 336 tlK-eagli 9.5 342 eftlie Lana Develepmen.t Rt)galatieBs (Memoe Ce1:lllty BOCC, 1990), ana ':mieJ.:J. is adeptea BY referen.ee in tliis COFl'lf)reken.si'le Plan, shall Be revisea te Better pmteet high. Eftiality 1:lplana 'iegetative eOffifffi:lflities an.a threaten.ea ana en.aangerea speeies. The HEI shall be revisea te iBel1:lae, at a miBim\:llR, tlie felle':lin.g: 1. a vmtteB methodelegy fer eeFl'lf)letiag tlie HEI; 2. retf1:lirem0flts for integratiag data regafEliag the histerie sightiags ef rare ana 0fldangered speeies aRd eritieal Besti~/feedin.g areas for Biras; aBEl 3. e'/all:latieB eriteria '.vfiiek will Better aifferefttiate high., medil:lfH. ana lew tf1:lality habitat. Befere adeption, tlie revisions shall lH'lderge seieBtifie peer re'iie'oV BY experts iB terrestrial and wi18life eeelegy. Te the exteat pessiBle, the fe:>liewem sJ.:J.all iael'l:lde these iBdiviffiia1s whe partieipatea ia 90'felepmen.t ef tlie existiBg HEI metheaelegy. (8ee Peliey 205.2.1). [9J 5.013(2)(e)3] Section 29. Delete Objective 1201.13. Ohieetive 1201.13 ~ By January 4, 1998, Mamee County shall estaBlish aaa implemeat the MeBfee Califtty Natl:lral Heritage and Park Pr-egram. The p1:ll'fJese ef this program shall Be te aetf1:lire lands ana epea spaee ia tlie p1:lBtie imerest fer eeaservatien. aaa reereatieB pW]3ases. (8ee F1:ltare Lana Use Dejeethe 102. 4 ana related pelieies.) [9J 5.014(3)(8)1 an.Q 2] Section 30. 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 31. 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 32. 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. D:\environmental-goall05compord-d.doc Page 22 of 23 Section 33. Section 32. This ordinance shall be transmitted by the Planning and Environmental Resources Department to the Florida Department of Community Affairs in accordance with the requirements of9J-l1.011, Florida Administrative Code. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, . at a regular meeting of said Board held on the _ day of , A.D. ,2005. Mayor Dixie Spehar Mayor Pro Tern Charles "Sonny" McCoy Commissioner George Neugent Commissioner David Rice Commissioner Murray E. Nelson BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Mayor/Chairperson (SEAL) A TrEST: DANNY KOHLAGE, CLERK. L L;OO! c-.. ~ , I BY: ~~~!J?:'!1u'~ , Deputy Clerk D:\environmental-goalI05compord-d.doc Page 23 of 23 STAFF REPORT '" MEMORANDUM TO: Board of County Commissioners FROM: Timothy J. McGarry, AICP Director of Growth Management DATE: September 1, 2005 SUBJECT: Final Draft Ordinance Amending Environmental Requirements and Goal 1 OSrrier System Elements of Year 2010 Comprehensive Plan Overview The Board of County Commissioners is requested to approve the final draft ordinance for adoption and submittal to DCA for compliance review. This final draft ordinance incorporates revisions to the initial draft ordinance approved by the Board for transmittal to DCA. The revisions made by staff to the initial draft ordinance are based on the Action Plan approved by the Board on August 17, 2005, to further enhance habitat protection and the oral review comments of the DCA staff. Background On June 15, 2005, the Board of County Commissioners approved a resolution transmitting the initial draft ordinance to DCA for review and comment Subsequent to that transmittal, the Governor and Cabinet, while sitting as the Florida Administrative Commission in consideration of approving Rule 28-20.100, F.A.C., requested on August 10, 2005, that Monroe County make revisions to its proposed Tier system regulations to enhance habitat protection. In response, the Board of County Commissioners at its August 17, 2005, regularly scheduled meeting, approved a "Proposed Action Plan to Provide Further Habitat Protection under the Monroe County Comprehensive Plan and Land Development Regulations" ("Action Plan"), which is attached. The Action Plan was supported by DCA Secretary Cohen, who was present at the Commission meeting. Based on the Action Plan and discussions with DCA staff reviewing the initial draft ordinance, the staff prepared revisions to the ordinance. The revised draft ordinance was sent to the DCA staff for informal review to ensure that revisions made by the County would adequately respond to formal comments being prepared by DCA staff on the initial draft ordinance. Formal written review comments had not yet been received from DCA on the transmitted ordinance prior to the revised draft ordinance being placed on the BOCC agenda; however, based on discussions with DCA staff, the staff believes concerns raised by DCA concerning the transmitted draft ordinance have been adequately addressed in the final draft ordinance. In addition to preparing revisions to the transmitted draft ordinance, the staff has prepared a draft set of maps depicting tropical hardwood hammock and pine lands of one acre or greater in the general location of areas that will be designated as "Special Protection Areas" (called "Tier III-A" in Action Plan) in Tier ill, which are attached. [Preliminary data prepared by staff indicates that approximately 980 parcels out of 1850 parcels in the "old" Tier II would be included in the Special Protection Area designation.] The designation of "Special Protection Areas" will be adopted late this year by amending the County's Land Development Regulations and Land Use District Map with a Tier Overlay District Map designation.. Before the Tier Overlay District Map is adopted, the staff will perform site visits and review the latest aerial photography to come up with the proposed boundaries for the Special Protection Areas. Public input on the draft Tier Overlay District Map including the proposed Special Protection Areas designations will be sought through public workshops prior to the public hearings before the Board of County Commissioners. Summary of Revisions In addition to substantive changes to the draft based on the Action Plan and DCA staff concerns, the staff has also made minor editing revisions to the ordinance. The final draft ordinance indicates changes from the initial draft ordinance submitted to DCA for review with a "Beuel@ stfii.lr@tftreltgk" for newly deleted language and with a "double underline" for newly inserted language. * The substantive revisions to the initial draft ordinance include the following: a Placement of a maximum clearing limit of 7 ,500 square feet on clearing of upland native vegetation within Tier III. a Inclusion of a requirement and criteria for designation as "Special Protection Areas", all tropical hardwood hammock and pineland habitat patches of one acre or greater located within Tier III; a Amendment to policies under Goal 105, based on the revised Tier system, to ensure internal consistency between policies in the Comprehensive Plan; and a Inclusion of lands designated within Special Protection Areas as high priority acquisition areas for conservation purposes Recommendation The staff recommends approval of the revised final draft ordinance. Attachments: . Proposed Action Plan to Provide Further Habitat Protection Under the Monroe County Comprehensive Plan and Land Development Regulations . Draft Tier Overlay District Maps ACTION PLAN '" JI' I PROPOSED ACTION PLAN . TO PROVIDE FURTHER HABITAT PROTECTION UNDER THE MONROE COUNTY COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS In response to concerns raised by the Governor and Cabinet and Department of Community Affairs, the Board of County Commissioners agrees to the following actions to further improve habitat protection to meet the Work Program objectives established in Rule 28-20.100: 1. Prepare necessary revisions to the two draft ordinances amending the Comprehensive Plan, previously submitted to the Department of Community Affairs for review and comment, that accomplish the following: A. Classify all Tier III parcels and lots into one of the following two sub- designations: 1) Tier III-A: Parcels or lots located partially or wholly within an tropical hardwood hammock or pineland patch of one (1) or more acres in area. Other than U.S. 1, roads will not constitute a break in contiguity. In this sub-designation, lots or parcels will receive a ROGO scoring of +20 points if any portion of a tropical hardwood hammock or pineland contained within a patch of one (1) or more acres in area is to be cleared. Lots and parcels will a receive a ROGO scoring of +30 points if no portion of a tropical hardwood hammock or pineland contained within a patch of one (1) or more acres in area is to be cleared. The County will actively pursue purchase of any parcels and lots within habitat patches of one acre or more in area. The preferred administrative relief option for these properties will be to purchase. . 2) Tier III-B: Parcels and lots located wholly outside of any tropical hardwood hammock or pineland patch of one (1) or more acres in area. Other than U.S. 1, roads will not constitute a break in contiguity. Within this sub-designation, lots and parcels will receive a ROGO scoring of +30 points. Page 1 of2 1l [Note: Under both sub-designations, Tier III-A or Tier III-B, clearing of tropical native hardwood hammock or pinelands will be limited to no more than 3,000 square feet or 40 percent, whichever is greater as currently proposed. No matter what designation any clearing of tropical hardwood hammock or pinelands will require payment of a mitigation fee to the County's Land Environmental Restoration and Management Fund.] B. Revise Goal 105 and other relevant Comprehensive Plan policies to ensure internal consistency between the revised Tier System and other Comprehensive Plan policies. 2. Adopt, at the Commission's September 21, 2005, meeting, ordinances amending the Comprehensive Plan that incorporate the revisions listed in Point 1 above. 3. Prepare further revisions to the draft Land Development Regulations to implement the above revisions to the Comprehensive Plan and adopt these ordinances by no later than December 21, 2005. 4. Prepare final Tier Overlay District Maps, that include designating lots and parcels within Tier III as Tier III-A or Tier III-B sub-designations, based on most recent aerial photography and site visits and, adopt the Tier Overlay District Maps by no later than December 21, 2005. Maps will be provided at the Commission meeting depicting upland habitat patches of one-acre or more in area in the Upper Keys. [Note: These maps do not take into account any breaks in contiguity due to the presence of roads.] * Page 2 of2