Item Q4
Meeting Date: March 15,2006
Bulk Item: Yes No ~
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Division: Growth Management
Department: Planning
Staff Contact Person: Jose Papa
AGENDA ITEM WORDING:
Public hearing to consider adopting an ordinance amending the Monroe County Land Development
Regulations to amend environmental regulations; deleting existing sections 9.5-336 through 9.5-343 to
eliminate requirements for the Habitat Evaluation Index (HEI); creating new Section 9.5-336 to require
an Existing Conditions Report, including vegetative survey; creating new Section 9.5-337 to protect
upland vegetation through grant of Conservation Easements; creating new Section 9.5-338 to
incorporate existing open space requirements for wetlands; revising Section 9.5-347 to provide for
maximum clearing limits of native upland vegetation based upon the Tier system designation of the
subject property.
[20d of 2 required public hearings]
ITEM BACKGROUND: On January 21,2004 and in Ordinance # 018-2004 the BOCC directed staff
to prepare draft text and map amendments and other supporting studies in order to effectuate the
provisions of Goal 105 of the 2010 Comprehensive Plan and Rule 28-20.100 F.A.C. The Planning
Commission reviewed the staff draft at four public hearings, amended the draft and recommend
approval. Several stakeholder forums and two community workshops were held to review the proposed
amendments. The draft ordinance has been revised by staff to reflect the direction given the staff by
the Board at the May and June 2005 public hearing. Additional changes were made based on
comments received from the Department of Community Affairs.
The Comprehensive Plan amendments related to these LDR amendments became effective after the
appeal period expired on February 5,2006.
PREVIOUS RELEVANT BOCC ACTION:
Ordinance No. 018-2004 adopted June 16,2004 directed staff to prepare text and map amendments to
implement Goal 105. Goal 1 05 was adopted in Ordinance No. 20- 2002.
CONTRACT/AGREEMENT CHANGES: None.
STAFF RECOMMENDATIONS: Approval
TOTAL 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 ~ OMB/Purchasing _Risk Management_
DIVISION DIRECTOR APPROVAL: 4 ~1"""~
onda Norman
DOCUMENTATION: Included X Not Required_
DISPOSITION:
AGENDA ITEM #
ORDINANCE NO. 2006
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO
THE MONROE COUNTY LAND DEVELOPMENT
REGULA TIONS TO REVISE ENVIRONMENTAL
REGULA TIONS BY DELETING SECTIONS 9.5~336, 9.5~337, 9.5~
338, 9.5~339, 9.5-339.1, 9.5-339.2, 9.5-339.3 9.5-340, 9.5-341, 9.5-342,
AND 9.5-343 TO ELIMINATE REQUIREMENTS PERTAINING
TO THE EXISTING CONDITIONS MAP AND HABITAT
EVALUATION INDEX; CREATING NEW SECTION 9.5-336 TO
REQUIRE AN EXISTING CONDITIONS REPORT, INCLUDING
VEGETATIVE SURVEY AS PART OF DEVELOPMENT
APPLICATION APPROVAL; CREATING NEW SECTION 9.5-337
TO ENHANCE PROTECTION OF UPLAND VEGET ATION
THROUGH GRANT OF CONSERV ATION EASEMENTS;
CREATING NE\V SECTION 9.5-338 THAT INCORPORATES
EXISTING OPEN SPACE REQUIREMENTS FOR WETLANDS;
REVISING SECTION 9.5-347 TO PROVIDE FOR MAXIMUM
CLEARING LIMITS OF NATIVE UPLAND VEGETATION
BASED UPON ON THE TIER SYSTEM DESIGNATION OF THE
SUBJECT PROPERTY; PROVIDING FOR SPECIFIC VESTING
PROVISIONS; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION IN THE MONROE COUNTY CODE OF
ORDINANCES; DIRECTING THE PLANNING AND
ENVIRONMENTAL RESOURCES DEPARTMENT TO
TRANSMIT A COpy OF THIS ORDINANCE TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS; AND, PROVIDING
FORAN EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners, during eight
public hearings held in December, 2004, January, February, March, April, May, and
June 2005, and March 2006, reviewed and considered the proposed amendments to the
Land Development Regulations (LDRS) deleting the HEI requirements, requiring an
existing conditions report including a vegetation survey, requiring a grant of conservation
easement to protect open space vegetation and limiting the clearing of native upland
vegetation dependent on the Tier system designation 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 to the Year 2010 Comprehensive Plan and Land
Development Regulations to base the County's environmental regulations protecting the
habitat on the Year 2010 Comprehensive Plan Goal 105 Tier system rather than the
existing Habitat Evaluation Index; and
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WHEREAS, the Monroe County Board of County Commissioners makes the
following Findings of Fact:
1. Goal 105 provides a comprehensive 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 sustainabi1ity; and
2. The current LDRS require properties designated on the 1986 Habitat Maps as
hammock and pineland to perform a Habitat Evaluation Index (HEI) to determine the
amount of clearing permitted and the negative points awarded in ROGO and NROGO;
and
3. The HEI is a subject of dispute, has specific weaknesses including problems
with protocol in its application, and, since it is based on 1986 maps, does not take into
consideration re-vegetation over the last twenty years; and
4. The Planning and Environmental Resources Department prepared draft
amendments to Chapter 9.5 (Land Development Regulations), Monroe County Code, in
response to the direction provide by the Board of County Commissioners and consistent
with proposed amendments to the Comprehensive Plan; and
5. 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
6. The Planning and Environmental Resources Department made minor changes
to the proposed draft based on direction of the Planning Commission and public
testimony at the public hearing before the Board of County Commissioners in December
2004, including minor text revisions to ensure readability and correct typographical errors
or omissions in the text; and
7. Subsequent to the adoption of amendments to the Comprehensive Plan by the
Board of County Commissioners on September 22, 2005, the Plarming and
Environmental Resources Department prepared further amendments to the draft
ordinance to ensure consistency with the adopted plan amendments; and
8. The ordinance removes the requirement for performing an HEI from the Land
Development Regulations to determine habitat quality and scoring under ROGO and
replaces it with a much simpler, less expensive, transparent system; and
9. Under the new Tier system the clearing of upland habitat is limited to 20
percent in Tier T, 40 percent in Tier II (Big Pine Key and No Name Key), and 40 percent
in Tier III or 3,000 square feet, whichever is larger, with a maximum clearance of 7,500
square feet; and
10. Amendments to the Land Development Regulations enacted by this ordinance
include an Existing Conditions Report, a Conservation Easement on upland native
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vegetation and use of the 1986 Habitat Maps as a baseline to assure unlawful clearing has
noUdoes not occur; and
11. The Board of County Commissioners has reviewed the proposed amendments
to the Land Development Regulations deleting the HEI requirements from the Code,
requiring an existing conditions report including a vegetation survey, requiring a grant of
conservation easement to protect open space vegetation and limiting the clearing of
native upland vegetation dependent on the Tier system designation, as recommended by
the Planning Commission and the Planning and Environmental Resources Department;
and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The proposed amendments to the Land Development Regulations are
consistent with and further goals, objectives and policies of the Year 2010
Comprehensive Plan, particularly Goal 105 and the recently adopted set of
comprehensive plan amendments to effectuate the Tier system.
Section 2. The following sections of the Monroe County Code are hereby deleted:
o Section 9,5~336, Existing conditions map;
o Section 9.5~337, Habitat analysis required;
o Section 95-338, Waiver of habitat analysis;
o Section 9.5~339, Habitat type analysis;
o Section 9.5~339.1, Habitat analysis objective;
o Section 9.5-339.2, Automatic high quality forest classification;
o Section 9.5-339.3, Habitat analysis definitions and approach;
o Section 9.5-340, Habitat analysis for high hammocks;
o Section 9.5-341, Habitat analysis for low hammocks;
o Section 9.5-342, Habitat analysis for palm hammocks; and,
o Section 9.5-343, Habitat analysis for pinelands.
Section 3. Section 9.5~336, Monroe County Code, is hereby created that reads as
follows:
"Sec. 9.5-336. Existing conditions report.
As part of an application for approval on lands containing upland native
vegetation communities the applicant shall prepare and submit an existing
conditions report including a survey that identifies the distribution and quality of
native habitat and any observed endangered/threatened or protected species_within
the parcel or lot proposed to be developed in accordance with the standards of this
division. The existing conditions report will be prepared by a biologist qualified
under sec. 9.5-28, in a form approved by the director of planning and contain, at a
minimum, the following:
(a) Cover page: The cover page shall contain the following:
(1) Legal description of parcel, including the Real Estate Number.
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(2) Property owner's name and address.
(3) Date of report and site visits.
(4) Consultant's name, agency and contact information.
(5) Consultant's signature.
(b) Summary; A general description of site including discussion of
habitat type, important features and presence and location of any disturbed areas.
(c) Plant species list: A list of species found in the survey provided in
a matrix of the following five columns:
(1) Column I - removed - estimates the number of that plant will be
removed.
(2) Column 2 - retained - indicates that one or more of that plant will
remam.
(3) Column 3 - common plant name.
(4) Column 4 - scientific name.
(5) Column 5 - status - threatened, endangered, or regionally important
and other native species four inches or greater in diameter at four
feet in height and exotic or pest plant status.
(d) Animal species list: A list of the endangered, threatened, or
protected animal species observed during the site survey.
(e) Site plan: A site plan at a scale of one (1) inch equals twenty (20)
feet or greater showing the location of all native plant species that are threatened,
endangered, regionally important and areas of disturbance and exotic species."
Section 4. Section 9.5-337, Monroe County Code, is hereby created that reads as
follows:
"Section 9.5-337. Administration and compliance.
Before a certificate of occupancy or final inspection approval may be
issued for any structure, portion, or phase of a project subject to this division a
grant of conservation easement running in favor of Monroe County shall be
approved by the gro\V1h management director and the county attorney and
recorded in the Official Public Records of Monroe County. The conservation
easement shall state the amount of required upland native vegetation open space
and prohibit activities within that open space, including removal, trimming or
pruning of native vegetation; acts detrimental to wildlife or wildlife habitat
preservation; excavation, dredging, removal or manipulation of the substrate;
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activities detrimental to drainage, flood control, or water or soil conservation;
dumping or placing soil, trash, or other materials; and any other restrictions as
may be stated on the conservation easement."
Section 5. Section 9.5-338, Monroe County Code, is hereby created that reads as
follows:
"Section 9.5-338 Wetland open space requirements.
No development activities, except as provided for in this division, are
permitted in mangroves, freshwater wetlands and in undisturbed saltmarsh and
buttonwood wetlands; the open space requirement is one hundred (100) percent"
Section 6. Section 9.5-347 (b),(c),and (d), Monroe County Code are hereby amended to
read as follows:
"(b) Percentage of clearing: Clearing of upland native vegetation
communities in the Tiers I, II, and III shall be limited to the following
percentages:
Tier Permitted Clearing
I 20 % of upland native vegetation*
II 40% of upland native vegetation (Big Pine Key and No
Name Key Only)
III 40% of upland native vegetation or 3,000 square feet,
whichever is greater; however, the maximum amount of
clearing shall be no more than 7,500 square feet, regardless
of the amount of upland native vegetative area.
*Palm or cactus hammock is limited to only 10%.
(c) Site baseline conditions: The legal conditions ofland existing as of
February 28, 1986 and as depicted on the "December 1985 Habitat Classification
Aerial Photographs," shall be used as a baseline to determine the clearing that
may be permitted on a site, 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. Upland native vegetated areas cleared between
1986 and time of permit application shall be considered to still include upland
native vegetation for purposes of determining the amount of open space and
clearing permitted.
(d) Ocean Reef Club clearing: For the purpose of this section, upland
native vegetated areas in Ocean Reef Club, shall be limited to clearing of forty
(40) percent of the upland native vegetated areas."
Section 7. Section 9.5-347(e), Monroe County Code, is hereby amended that reads as
follows:
H(e) Lot aggregation and clearing: For ROGO applications that receive
points for lot aggregation under Section 9.5-122.3 (a) (3), permitted clearing of
vegetation shall be limited to the percentage of the property indicated in
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paragraph (b) above or five-thousand (5,000) square feet, whichever is less."
Except that all applications received after 9/27/05 shall not receive points for lot
aggregation if located within an area proposed for acquisition by public agencies
for the purpose of resource protection and applications receiving points for
aggregation cannot exceed the limits outlined in paragraph (b) above or 5,000
square feet, whichever is less, pursuant to the mandate of the Florida
Administrative Commission by Rule 28-20.110 and 28-20.120 (effective
9/27 105).
Section 8. Notwithstanding the clearing provisions of Section 6 of this ordinance, the
following vesting provisions shall apply upon the effective date of the ordinance:
L Except as provided for in 2. below, any building permit application
requiring an allocation award in the ROGO/NROGO system prior to the
effective date of this ordinance shall comply with the extent of clearing
authorized in the approved building permit application. Except that all
applications received after 9/27105 within Tier One shall not clear more
than 5,000 square feet and shall not receive points for lot aggregation if
within an area proposed for acquisition by public agencies for the purpose
of resource protection pursuant to the mandate of the Florida
Administrative Commission by Rule 28-20.110 and 28-20.120 (effective
9/27/05).
2. Any building permit issued pursuant to an active conditional use order
approved by the Planning Director or Planning Commission prior to
March 15, 2006, and authorized by a ROGO/NROGO allocation award or
granting of the transfer of development rights from off-site under Sections
9.5-120.4 and 9.5-124.8 (a)(IO), Monroe County Code, shall comply with
the extent of clearing authorized in the approved conditional use order.
3. Any revisions to the extent of clearing approved by the permits or
conditional use orders vested pursuant to 1. and 2. above, shall be required
to comply with the clearing limits of this ordinance.
Section 9. 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 10. All ordinanees 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 11. This ordinance does not affect prosecutions for ordinance violations
committed prior to the effective date of this ordinance; does not waive any fee or penalty
due or unpaid on the effective date of this ordinance; and does not affect the validity of
any bond or cash deposit posted, filed, or deposited pursuant to the requirements of any
ordinance.
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Section 12. This ordinance shall be filed in the Office of the Secretary of State of
Florida. This ordinance shall not become effective until July 14, 2006, but not prior to
or without a notice issued by the Department of Community Affairs or Administration
Commission approving the ordinance.
Section 13. This ordinance shall be transmitted by the Planning and Environmental
Resources Department to the Florida Department of Community Affairs to detennine the
consistency ofthis ordinance with the Florida Statutes.
Section 14. The provisions of this ordinance shall be included and incorporated in the
Code of Ordinances of the County of Monroe, Florida, as an addition or amendment
thereto, and shall be appropriately numbered to conform to the uniform numbering
system of the Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the _ day of , A.D. ,
2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Murray Nelson
Commissioner George Neugent
Commissioner David Rice
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY:
Mayor/Chairperson
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
BY:
Deputy Clerk
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