Item T2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date; October 19,2005
Division: Growth Management
Bulk Item: Yes
No -X-
Department: Planning
Staff Contact: K. Marlene Conaway
AGENDA ITEM WORDING:
Public hearing to consider adopting an Ordinance to amend the Monroe County Land Development Reb'lllations
to implement the Big Pine Key and No Name Key Master Plan, the Habitat Conservation Plan and Goal 105 of
.
the 2010 Comprehensive Plan by renumbering existing Section 9.5-256 to 9.5-271; creating a new Section 9.5-
256, Tier Overlay District; providing criteria for designation of tier boundaries and providing a mechanism for
Tier Overlay District Map amendments.
12nd of 2 required public hearings]
ITEM BACKGROUND: The first public hearing on this amendment was as part of the Goal 105
implementation amendment hearings before the HOCC since December 2004. It is being brought forward
individually because the Habitat Conservation Plan (HCP) and the Incidental Take Pennit for Big Pine Key and
No Name Key are nearing approval by the USFWS and permitting cannot begin on the islands until the Tiers
are adopted. The Tier LDR for the remainder of the County are still under review and will not be recommended
for the second public hearing until December. In March 2003 the BOCC approved the submittal of the HCP,
which includes the Tier Maps, in Resolution # 119-2003. On August 18, 2004 the BOCC adopted Ordinance #
29-2004 the Master Plan for Big Pine Key and No Name Key including Strategy 1.1 requiring the creation of
Tier maps and Action Item 2.1.2 directing adoption of the Tier maps as an overlay on the Land Use District
Maps.
PREVIOUS RELEVANT BOCC ACTION:
Ordinance # 29-2004 adopted the Master Plan for Big Pine Key and No Name Key. In March 2003 the BOCC
approved the submittal of the Hep in Resolution # 119-2003. 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.
CONTU..ACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDA TlUNS: Approval
TOT AL COST: N/ A
BUDGETED: Yes N!A No
COST TO COUNTY: N/A
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH N/A Year
APPROVED BY: County Atty -1L- OMB/Purchasing _Risk ManaJSjment _
, / I!
1 I [
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included ~
Not Required_
DISPOSITION:
AGENDA ITEM #
ORDINANCE NO. -2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING THE AMENDMENTS TO THE
MONRO}-:: COUNTY LAND DEVELOPMENT REGULA TIONS TO
IMPLEMENT (;OAL 105 OF THE 2010 COMPREHENSIVE PLAN AND
THE TIER OVERLAY SYSTEM FOR BIG PINE KEY AND NO NAME
KEY BY RENUMBERING EXISTING SECTION 9.5-256 TO 9.5-271;
CREATING A NEW SECTION 9.5-256~ TIER OVERLAY DISTRICT;
PROVIDING CRITERIA FOR DESIGNATION OF TIER BOUNDARIES
FOR BIG PINE KEY AND NO NAME KEY; PROVIDING A
MECHANISM FOR TIER OVERLAY DISTRICT MAP AMENDMENTS;
PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT
HERE\VITH; PROVIDING FOR INCORPORATION IN THE MONROE
COUNTY CODE OF ORDINANCES; DIRECTING THE PLANNING AND
ENVIRONMENT AL RESOURCES DEPARTMENT TO TRANSMIT A
COPY OF THIS ORDINANCE TO THE FLORIDA DEI) ARTMENT OF
COMMUNITY AFFAIRS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Monroe County Board of County Commissioners, during public
hearings held in December 2004, January, February, March, April, May and June 2005 reviewed
and considered the proposed amendment to provide for a Tier Overlay District Map designation
on the Monroe County Land Use District Map for Big Pine Key and No Name Key to implement
the Master Plan for Big Pine Key and No Name Key and Goal 105 of the 2010 Comprehensive
Plan, Rule 28-20.100 F.A.C. and the Tier Overlay system; and
\VHEREAS, the Monroe County Board of County Commissioners, during public
hearings held on August 18, 2004 adopted the Master Plan for Big Pine Key and No Name Key
and Goal 1 directs the creation of Tier maps and Goal 2 directs the County to adopt these Tier
Maps as an overlay to the land use district maps; and
WHEREAS, the Master Plan for Big Pine Key and No Name Key was created in
conjunction with the Habitat Conservation Plan (HCP), a mechanism required by the US Fish
and Wildlife Services (USFWS) whereby the concerns and responsibilities of the various public
agencies with regard to the Key Deer and other covered species and public and private
development on the islands can be coordinated, and;
WHEREAS, the HCP utilizes the Tier mapping system and designates all undeveloped
lands in Pine Key and No Name Key into one of three tiers to direct future development and
preservation initiatives to appropriate areas; and
WHEREAS, the Tier Map designation for Big Pine Key and No Name Key was
developed following the HCP, the Master Plan and criteria in Goal 105, utilizing computer
Goal 105 tier criteria LDR corrected
Page I of5
mapping (GIS), and identifying areas appropriate for additional development and those which
are important environmentally and should be preserved; and
WHEREAS, Goal 105 provides a framework for future development and land
acquisition for the next 20 years that considers the carrying capacity of the Florida Keys, reduces
sprawl and promotes sustainability; and
WHEREAS, the 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
the Tier Overlay District Map designations in accordance with Goal 1 05; and
WHEREAS, the tier boundaries for the Big Pine Key and No Name Key Tier Overlay
District Map \vere drawn using environmental and development information and digital data
from the Hep, the Planning Department and the Property Appraisers Office; 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
the Tier Overlay Map Designations in accordance with Goal] 05; and
WHEREAS, Tier I lands are those lands where all or a significant portion of the land
area is characterized as environmentally sensitive and important for the continued viability of the
covered species; and
WHEREAS, Tier II lands are scattered lots and fragments of environmentally sensitive
lands primarily located on canals and at a distance from US # I; and
WHEREAS, Tier III is appropriate for additional infill development because of the
location in conjunction to US #1 and amount of existing development in the areas designated;
and
WHEREAS, the creation of Section 9.5-256, Tier Overlay District, Monroe County
Code provides criteria for the designation of Tier boundaries on Big Pine Key and No Name
Key pursuant to the HCP, the Master Plan, Goal 105, Year 2010 Comprehensive Plan and a
mechanism for the implementation of the Tier System by overlaying the Land Use District Map;
and
WHEREAS, the Planning and Environmental Resources staff prepared an amendment
to Chapter 9.5 (Land Development Regulations) of the Monroe County Code creating Section
9.5-256 that provides tor a Tier Map overlay, criteria for Big Pine Key and No Name Key Tier
designation, and a mechanism tor an1cnding the Tier Map; al1d
WHEREAS, the Planning Commission, after hearing comments at tour public hearings,
made changes to the staff draft amendments creating and recommended approval of the Ticr
Overlay amendment which induded the Big Pine Key and No Name Key criteria to the Monroe
County Code to the Board of County Commissioners on November 3,2004; and
Goal 105 tier criteria LDR corrected
Page 2 of 5
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
WHEREAS, the Board of County Commissioners has reviewed the proposed
amendments to the Land Development Regulations to renumber existing Section 9.5~256 to
Section 9.5~271 and create a new Section 9.5-256 (Tier Overlay District, recommended by the
Planning Commission and the Planning and Environmental Resources Department); and,
WHEREAS, the Board of County Commissioners finds the proposed amendments to
establish the Big Pine Key and No Name Key Tier Overlay District, designation criteria, and
Tier Overlay District Map amendment procedures are consistent with and further the goals,
objectives and policies of the Year 2010 Comprehensive Plan, particularly Goal 105 and its
associated objectives and policies;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1: Section 9.5-256, Aggregation of development, is hereby renumbered as Section 9.5-
271, Monroe County Code.
Section 2: A new Section 9.5-256. Monroe County Code, is hereby created that reads as follows:
"Sec. 9.5-256. Tier overlay district.
(a) reserved
(b) reserved
(c) Big Pine Key and N& Name Key Ticr Overlay District: The Tier
boundaries are designated using the Big Pine Key and No Name Key Habitat
Conservation Plan, 2005, and the Master Plan for Big Pine Key and No Name Key,
August 2004.
(c) Ticr overlay district map amendments: The Tier Overlay District Map
may be anlended to ret1ect existing conditions in an area if walTanted because of drafting
or data errors or changed conditions. A Tier Overlay District Map amendment from Tier I
or Tier II to Tier III or Tier II to Tier III on Big Pine Key and No Name Key shall not be
considered if the amendment is in conflict with the Tier Map in the approved HCP, the
United States Fish and Wildlife Incidental Take Permit and the Master Plan for Big Pine
Key and No Name Kcy. Tier Overlay District Map amendments shall be made pursuant
to the procedures for map amendments to this chapter. Unlawful conditions shall not be
recognized when determining existing conditions and regulatory requirements.
(d) Request .fiN" Tier 1 designation: Notwithstanding the provisions of
Section-9.5-511 (d)2, any individual may submit an application to the planning
department containing substantial 311d competent documentation that an area meets the
Goal] 05 tier criteria LDR corrected
Page 3 of 5
Tier I criteria. Applications must be received by July 1 of each year on a form approved
by the director of planning tor consideration by the special master at a public hearing
advertised at least tifteen (IS) days prior to the hearing date. Said hearing by the special
master shall be held prior to November I of each year. The director of planning will
review the documentation and any other appropriate scientific intormation and prepare an
analysis report for the special master. The special master will render a written opinion to
the planning commission and board of county commissioners either that the application
meets the criteria for designating the lands as Tier I or that the documentation is
insutTicient to warrant a map amendment. The posting. advertising and review will
follow the procedures in 9.5-511(d)(3)(4) and (5)."
Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held
invalid, the remainder of this ordinance shall not be at1ected by such invalidity.
Section 3. All ordinances or parts of ordinances in conf1ict with this ordinance are hereby
repealed to the extent of said connict. The repeal of an ordinance herein shall not repeal the
repealing clause of such ordinance or revive any ordinance which has been repealed thereby.
Section 4. This ordinance does not at1ect prosecutions for ordinance violations committed prior
to the eftective date of this ordinance; does not waive any fee or penalty due or unpaid on the
effective date of this ordinance; and does not at1ect the validity of any bond or cash deposit
posted, filed, or deposited pursuant to the requirements of any ordinance.
Section 5 This ordinance shall be filed in the Office of the Secretary of State of Florida but
shall not become efIective until a notice is issued by the Department of Community Affairs or
Administration Commission approving the ordinance.
Section 6. This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs to determine the consistency of this
ordinance with the Florida Statutes.
Section 7. The provisions of this ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be
appropriately numbered to conform to the unitorm numbering system of the Code.
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.]
Goal 105 tier criteria LDR corrected
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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 TTEST: DANNY KOHLAGE, CLERK
MONROE COUNTY ATt'ORNeY
,A~Roveo A,(!O fCA" f) .~
r~y~~. ~'~~ t::i. Ji J' { I
~ If "'1v~/-J(J.~.~).~c-j
Ollt:
BY:
Deputy Clerk
Goal 105 tier criteria LDR corrected
Page 5 of 5
Monroe
and Environmental ReSCH.rrCi;S
Marathon Florida 33050
2798 Overseas
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Monroe
and Environmental Re3'311tCeS
Mamtlwi1i Florida 33050
2798 Overseas
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