Item R2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19,2004
Division: Growth Management
Bulk Item: Yes
No X
Department: Planning and Environmental Resources
AGENDA ITEM WORDING: A public hearing to adopt an ordinance designating Conservation and
Natural Areas (CNA) map boundaries and adopting an Interim Moratorium ordinance deferring ROGO
and NROGO allocations in areas of tropical hardwood hammock or pine lands of one acre or greater.
[Second of at least three public hearings.]
ITEM BACKGROUND: On April 21, 2004, at the public hearing to consider a proposed ordinance to
establish an Interim Moratorium on ROGO and NROGO allocations on tropical hardwood hammock
or pine lands of two acres or greater with the Conservation and Natural Areas (CNA), the Board of
County Commissioners directed the Growth Management Division to amend the ordinance to expand
the scope of the interim moratorium to include all tropical hardwood hammock or pinelands of one
acre or greater both within and outside the boundaries of the CNA. The staff has prepared amendments
to the ordinance and additional proposed changes to the CNA maps, where appropriate. As the
proposed amendments are substantive in nature, another public hearing will be required to adopt the
amended proposed ordinance.
PREVIOUS RELEVANT BOCC ACTION: BOCC adopted Goal 105, "Smart Growth/Tier System"
in 2002; adopted Resolution 346-2003, designating boundaries of CNA in August 2003; adopted
Resolution 39-2004 approving the cooperative agreement with the State of Florida in January 2004.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Please see staff report.
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 -L
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included ~
To Pollow
Not Required
AGENDA ITEM # ,<- I Z,
DISPOSITION:
Revised 2/27/01
PROPOSED
ORDINANCE
PINAL DRAFT
ORDINANCE NO.
AN ORDINANCE BY THE MONROE COUNTY BOARD
OP COUNTY COMMISSIONERS DESIGNATING THE
BOUNDARIES OP CONSERVATION AND NATURAL
AREAS; ADOPTING AN INTERIM MORATORIUM
DEPERRING ROGO AND NROGO ALLOCATIONS IN
AREAS OP +WQ ONE ACRES OR GREATER
CONTAINING TROPICAL HARDWOOD HAMMOCK OR
PINELANDS \VITHIN ANY CON8ERV:\TION AND
Nt',. TUR/\L .\REA UNTIL LAND DEVELOPMENT
REGULATIONS AND COMPREHENSIVE PLAN
AMENDMENTS IMPLEMENTING THE WORK
PROGRAM MANDATED BY RULE 28-20.100, P.A.C. ARE
DRAFTED AND ADOPTED BY THE COUNTY
COMMISSION OR TWELVE MONTHS, WHICHEVER
PIRST OCCURS.
WHEREAS, the Plorida Administrative 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 Plorida Keys; and,
WHEREAS, the "Work Program", section c., mandates that in Year 6 (July 13, 2002
through July 12, 2003) 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", section P. mandates that the County initiate and
complete a collaborative process for the adoption of Land Development Regulations (LDR) and
Comprehensive Plan amendments to strengthen the protection of terrestrial habitat; and,
WHEREAS, although some portions of the Plorida Keys Carrying Capacity Study
(FKCCS), completed in September 2002, were found during peer review to be deficient in
certain respects, the FKCCS terrestrial module is supported by reliable data and otherwise
qualifies as a useful planning tool in comprehensive planning to strengthen the protection of
terrestrial habitat; and
WHEREAS, the PKCCS 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, Goal 105, "Smart Growth," was adopted by the Board of County
Commissioners in 2001 to implement the mandate of Rule 28-20.100, P.A.c.; and,
WHEREAS, Objective 105.2 of the 2010 Comprehensive Plan, pursuant to the Rule 28-
20.100, P.A.C. mandate, directs the County to map and designate land within the Plorida Keys
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into three categories - Natural Area, Transition and Sprawl Reduction area, and Infill Area, based
on the Smart Growth principles set forth therein; and,
WHEREAS, the Board of County Commissioners adopted Resolution 346-2003
designating the boundaries of "Conservation and Natural Areas", which represent the first land
classification category, "Natural Area", under Objective 105.2; and,
WHEREAS, these Conservation and Natural Areas designated by the Board include
privately-owned vacant lands targeted for acquisition from willing sellers for conservation and
resource protection purposes; and,
WHEREAS, boundaries of the Conservation and Natural Areas were delineated in a
manner that was intended to contain all significant upland habitat comprising patches of four
acres or more as identified in the habitat data utilized in the PKCCS, including all upland tropical
hardwood hammock and pinelands, lands needed to connect isolated patches of existing upland
habitat and to provide buffers between habitat areas and development, all CARL lands, publicly-
owned conservation lands, and most lands zoned Conservation, Sparsely Settled, and Native
Area; and,
"'HEREAS, the findings of the terrestrial module of the FKCC8 fully supports, and the
FKCC8 Implementation Rule 28.20 'York Group reoommends, prevention of further
fragmentation and degradation of tropical hardwood hammooks, pinelands, and traflsitional
wetlands above the Mean High 'NateI' (MH\V) line, through the preservation and pl:1blio
aoquisition of all private, vacant lands that make up patohes of tropioal hard''vood hammook and
pine lands of four acres or more in size and transitional '.."etlands abo'/e the MH\V line, along
with buffer areas where appropriate.; and,
WHEREAS, existing County environmental regulations and acquisition programs
adequately protect transitional wetlands above the MHW line; and,
WHEREAS, on December 16, 2003, the Governor and Cabinet, sitting as the Plorida
Administration Commission, upon the preliminary recommendation of the DCA, determined that
Monroe County has not made substantial progress toward meeting the objectives of Year 7 of the
Work Program, as the County's existing habitat protection regulations is inadequate to protect
significant upland habitat until amendments are made to the 2010 Comprehensive Plan and Land
Development Regulations; and,
WHEREAS, in response to DCA's preliminary recommendation and the Plorida
Administration Commission's determination of no substantial progress, and with the objective of
meeting joint obligations under Chapter 380, Florida Statutes, Rule 28-20.100, F.A. c., and the
Monroe County Year 2010 Comprehensive Plan, the Board adopted Resolution 39-2004 on
January 21, 2004, including a "Cooperative Agreement between the DCA and Monroe County to
Address Significant Work Program Issues" (the "Cooperative Agreement"); and,
WHEREAS, as part of "Cooperative Agreement", the Board agreed to draft, and to hold
public hearings to adopt, an interim moratorium on ROGO/NROGO allocation awards in areas
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containing tropical hardwood hammock or pinelands two acres or greater III SIze within
Conservation and Natural Areas; and,
WHEREAS. the Growth Management Division staff prepared a draft ordinance for the
interim moratorium on ROGOINROGO allocations in accordance with the "Cooperative
Agreement" with Conservation and Natural Area Maps. and.
WHEREAS. the Planning Commission reviewed and recommended approval of the draft
Interim Moratorium Ordinance to the Board of County Commissioners: and.
WHEREAS. at the first public hearing on April 21. 2004. to consider the proposed
ordinance. the Board of County Commissioners heard testimony and received written materials
from the public concerning the need to expand the scope of the moratorium to include all upland
tropical hardwood hammock and pinelands in patches of one or more acres in areas and to more
clearly specify which parcels are subiect to the moratorium to avoid undue subiectivity in its
application by the staff: and.
WHEREAS. the PKCC Implementation - Rule 28.20 Work Group recommends to
preserve and acquire all privately owned. individual or contiguous parcels that make up patches
of hammock and pinelands of 4 acres or more and to strongly discourage development or acquire
patches of tropical hardwood hammock and pinelands of between 1 to 4 acres: and.
WHEREAS. an estimated 1.076 acres of privately-owned vacant lands. that make UP
patches of upland tropical hardwood hammock and pinelands of one or more acres exist within
and outside the Conservation and Natural Area boundaries are threatened by development and
need to be subiect to these Interim Development Regulations: and.
WHEREAS. although the small. isolated habitat patches outside of the Conservation and
Natural Areas may lack the bio-diversity or not provide the long-term ecological functions of
larger patches of four or more acres. they do provide certain benefits for migrating birds and
other protected species and contribute to the character ofPlorida Keys communities: and.
"'HERE.f...8, the upland tropical hardwood hammock and pinelands contained withiN the
Conservation and Natural i\reas are precisely those significant upland habitats that are important
to the sustainability of protected species and to maintenance of ecosystem integrity as called for
by the terrestrial module of the FKCCS and Goal 105 of the 2010 Comprehensi-,e PlaN; and,
WHERE}'...8, the bio diyersity and ecological funetions of upland habitat can be
adversely affected by decreasing patch size, charaeterized by a reduction in number of species,
an increase in the relatiye intensity of edge effects, and aN iNcrease in the pateh's vulnerability to
secondary human effeets; and,
"'HERE.f...8, except for three patches totaling 15.5 aeres, which the Board has committed
to prioritize for purehase from voluntary sellers, 1:lpland tr-opical hardwood hammock and
pinelands habitat located outside of the CONservation and Natural Areas are contained in isolated
patches of less than two acres in size; and,
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"'HERK\8, these small patehcs less than two ames in size generally laek long term
viability as habitat of any regional, state, or national importanee and are isolated, iInflaeted by
development, and/or can be connected '.vith other habitat areas, which characteristics do not
'.varrant interim special protection beyond that afforded under existing regulatiofls; and,
WHEREAS, continued issuance of residential (ROGO) and non-residential (NROGO)
allocations in tropical hardwood hammock and pinel and habitat patches of twe one acres- or
more '.vithin the Conservation and Natural Areas prior to the completion of comprehensive
planning to strengthen the protection of terrestrial habitat would result in further loss of valliable
native habitat and may have an irreversible detrimental impact on the County's ability to
implement the Smart Growth policies set forth in Goal 105 of the 2010 Comprehensive Plan and,
Rule 28-20.100, P.A.C.; and,
WHEREAS, ROGO and NROGO allocations on Big Pine Key and No Name Key are
already subject to an interim moratorium until a Habitat Conservation Program is approved by
the u.s. Pish and Wildlife Service and amendments to the County's 2010 Comprehensive Plan
and Land Development Regulations, implementing the Community Master Development Plan
for these two islands, are found in compliance by the DCA; and,
WHEREt..8, an estimated 916 acres of oodeveloped, privately O'tyned upland tropical
hardwood hammock and pinelands habitat threatened by de':elopment are sooject to these
Interim Development Regulations; and,
WHEREAS, in order to make effective Goal 105 of the 2010 Comprehensive Plan and
Rule 28-20.100, P.A.C., it is necessary to halt temporarily works of development as provided
herein which might otherwise absorb the entire capacity of the County for further development
or direct it out of harmony with the Comprehensive Plan; and,
WHEREAS, the County has committed necessary staff and resources to the development
of permanent policies and regulations to implement Goal 105 of the 2010 Comprehensive Plan
and Rule 28-20.100, P.A.C., in order to facilitate diligent and good faith efforts to establish
permanent policies and regulations within a reasonable period oftime; and,
WHEREAS, implementation of Goal 105 of the Comprehensive Plan and Rule 28-
20.100, P.A.C. involves complex environmental, social, and economic issues, a broad
geographic scope, numerous governmental agencies, and a diversity of stakeholder interests; and,
WHEREAS, this Interim Moratorium Ordinance serves compelling state and regional
governmental interests and is the minimum action necessary to protect the health, safety, and
general welfare of the citizens of Monroe County and to effectuate Goal 105 of the
Comprehensive Plan and Rule 28-20.100, P.A.C; and,
WHEREAS, this Interim Moratorium Ordinance provides mechanisms to assure
democratic discussion and participation by citizens, developers, and property owners who may
be affected by eventual amendments to the Land Development Regulations and Year 2010
Comprehensive Plan; and,
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WHEREAS, given the scope of the issues and areas to be addressed by Goal 105 of the
2010 Comprehensive Plan, the twelve month time frame is necessary and reasonable in order to
complete a fair and comprehensive planning and public participation process that results in
legally- and scientifically-sound policies and regulations; and,
WHEREAS, Chapter 125, P.S., authorizes the Board of County Commissioners to adopt
ordinances to provide standards protecting the health, safety, and welfare of the citizens of
Monroe County; and,
WHEREAS, this Interim Moratorium Ordinance constitutes a valid exercise of the
County's police power and is otherwise consistent with Section 163.3161, et seq., P.S., which,
inter alia, encourages the use of innovative land development regulations including provisions
like moratoria to implement the adopted comprehensive plan; and,
WHEREAS, the purpose and intent of this Interim Moratorium Ordinance is necessary
to provide the County the opportunity to create a system of development rights and land uses that
will implement Rule 28-20.100, P.A.c. and Goal 105 of the 2010 Comprehensive Plan and that
will ameliorate potentially adverse economic impacts on private property owners; and,
WHEREAS, the Board of County Commissioners at a regular meeting on January April
21, 2004, directed staff to prepare an ordinance amending the proposed ordinance under its
consideration deferring ROGO and NROGO allocations, while the staff prepares amendments to
the 2010 Comprehensive Plan and the Land Development Regulations to further protect the
ecosystem; and,
WHEREAS. the Plorida Marine Resources Institute (PMRI) ADm Maps published in
1996. which were based on interpretation of 1: 13.200 scale aerial photographs flown in 1991.
depict land cover in groupings of one acre or more in size throughout the Plorida Kevs: and,
WHEREAS. the PMRI ADm Maps are in a digital format that can be overlaid on parcel
laver data in the Growth Management Division's Geographic Information System to identifv
specific parcels that mav be subiect to the moratorium: and,
WHEREAS, it is the intent of the Board of County Commissioners that the amended
ordinance should clearly and specificallv define those parcels subiect to the moratorium bv
utilizing the PMRI ADm Maps to avoid subiective criteria and excessive reliance on staff field
work: and,
WHEREAS. following the direction of the Board of Countv Commissioners. the Growth
Management Division staff prepared amendments to the Interim Moratorium Ordinance: and,
WHERE.\8, the BOai'd at that same regular meeting directed the staff to further re'/iev.
and propose appropriate revisions to the Conservation and Natural Area maps and that such
process shall include input from the DC^1 and the pablic and the maps shall be included in the
public hearings on the Interim Moratorium Ordinanoe; and,
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"'HEREf1S, f-ollO'.''iing the direction of the Board of County Commissioners, the Growth
Management Division staff immediately undertook the development of this Interim Moratorium
Ordinance and a review of the Conservation and Natural Areas maps, drafts of which were
presented to and dise\:lssed by the Plar.ning Commission at publie hearings on March 10 and
March 24,2001; and,
'''HEREAS, the Plar.ning Commission has reviewed the draft Interim Moratorium
Ordinance and Conservation and Natural Area maps and recommended approval to the Board of
County Commissioners on March 21,2004; and,
WHEREAS, the Board of County Commissioners has reviewed and considered the
amendments to the draft Interim Moratorium Ordinance and Conservation and Natural Area
maps recommended prepared by the Planning Commission and Growth Management Division
staff;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: Pursuant to Policy 105.2.1, Year 2010 Comprehensive Plan, Conservation and
Natural Areas are hereby designated, the boundaries of which are described in the maps, attached
hereto, and those maps are made part of this ordinance.. subiect to adiustment as provided below.
Section 2: During the period that this Interim Moratorium Ordinance is in effect, the boundaries
of the Conservation and Natural Areas may be amended by ordinance resolution of the Board of
County Commissioners upon recommendation of a Speoial Master duly appointed by Resol\:ltion
of the Board of County Commissioners the Director of Planning and Environmental Resources.
Such amendments to the Conservation and Natural ,\reas boundaries shall oonform with the
above recited eonsiderations and oriteria utilized in the initial determination of the boundaries of
these ,\reas; howeyer, this shall not be construed to foreelose appropriate changes or additions to
the original criteria used to determine the Conservation and Namral /\reas.
Seeti8B 3: Proposed amendments to Conservation and Natural ..\reas boundaries may be
initiated by the Director of Planning and En'/ironmental ReSOltrees or by written applieation
submitted by an aff-ccted property oymer to the Planning and Environmental Resources
Department on a form approyed by the Department. During the term of this Interim Moratorium
Ordinance, applications f-or proposed amendments to the b01:lndaries of the Conservation and
Natural Areas shall f-ollovl a streamlined re'/iew prooess, i.c., review by the Development
Review Committee and Planning Commission will not be required, and the following prooedure
shall instead be utilized:
(a) ..\pplication for a proposed amendment, together with an administrative fee of$500,
'Nill be submitted to the Planning aFl:d Environmental Resources Departmeat for
consideration by the Speoial Master at a publie hearing advertised at least fifteen
days prior to the hearing. The Speoial Master shall reeeiye written and/or oral
testimony of County staff and applioant, and shall provide reasonable opportooity
for releyant and material publie testimony. The Speoial Master shall promptly
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render a ,-,rotten opinion to the Board of COl:mty Commissioners , recommending
appro','al (in whole or in part) or denial of the request f{)r a boundary amendment.
(b) The public hearing f{)r the Board of County Commissioners' consideration of the
Special Master's recommendations will be advertised at least 15 days prior to the
public hearing, but no posting of the property ,-,..ill be required.
Section -4- J: Pursuant to its lawful authority and the pending-legislation doctrine set forth in
Smith vs. City of Clearwater, 383 So. 2d 681 (FL. 2nd DCA, 1980), the Board of County
Commissioners establishes the interim development regulations set forth in this Ordinance,
which shall remain in full force and effect until either (a) the enactment of amendment to the
Year 2010 Comprehensive Plan and Land Development Regulations adopted by the County
Commissioners implementing Goal 105 of the 2010 Comprehensive Plan, or (b) twelve months
from the date of the adoption of this Ordinance, whichever first occurs. The Board of County
Commissioners, upon the recommendation of the Planning Commission, may amend this
ordinance to extend its provisions for a period not exceeding an additional six months, if at any
time prior to the twelve-month sunset date of this ordinance the Board determines that additional
time will be required to adopt the contemplated Comprehensive Plan and LDR amendments.
Section + 4: During the period (defined in Section 4-.1 , above) that this interim ordinance is in
effect, no Rate of Growth Ordinance allocation award, whether residential (ROGO) or non
residential (NROGO) , shall be made for development that involves the clearing of any portion
of an upland tropical hardwood hammock or pinelands habitat contained in a tropical hardwood
hammock or pinelands patch oftwe one acres-or more in size within a Conservation and Natural
Area. Reference herein to a Conservation and Natural Area means all land located within the
boundaries of the attached Conservation and Natural ,Areas maps (as the same may be amended
pursuant to Section 3, above). The Plorida Marine Resources Institute ADID Maps referenced
above, recent aerial photographs, site visits, and other reliable and generally accepted scientific
data may shall be utilized to determine whether a specific parcel meets the acreage and habitat-
type criteria of the patches subject to the Interim Moratorium. Por purposes of calculating patch
size, no public or private road other than U.S. Highway 1 shall be included in the calculation of
the one-acre minimum patch size, nor shall it be deemed to break the contiguity of the patch.
The Director of Planning and Environmental Resources shall have the authority to make the final
decision concerning identification of the habitat patches subject to this Interim Moratorium.
Decisions of the Director identifying patches and parcels subject to this interim moratorium may
be appealed as provided under Section 9.5 521, Momoe County Code. as provided for in Section
5 below.
Section 5: Applications to appeal the decision of the Director of Planning and Environmental
Resources concerning parcels subject to this interim moratorium may be initiated by written
application submitted by an affected property owner to the Planning and Environmental
Resources Department on a form approved by the Department. The sole grounds for appeal of a
decision by the Director of Planning and Environmental Resources shall be limited to following:
(1) the PMRI ADID map itself is an error concerning the size, vegetative characteristics and/or
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location of the habitat patch: or, (2) the Director of Planning has incorrectly applied the PMRI
ADm map to the subiect property.
During the term of this Interim Moratorium Ordinance, the following procedures shall be
followed to process and act upon such applications:
(a) Application for a proposed correction to the PRMRI ADm Maps or the staffs
decision on the application of the PRMI ADm Maps to a specific parcel. together
with an administrative fee of $100, will be submitted to the Planning and
Environmental Resources Department for consideration by the Special Master at a
public hearing advertised at least fifteen days prior to the hearing. The Special
Master shall receive written and/or oral testimony of the County staff and
applicant. and shall provide reasonable opportunity for relevant and material
public testimony. The Special Master shall promptly render a written opinion to
the Board of County Commissioners, approving or denying the correction to the
PMRI ADID Maps or the staffs decision on the application of these Maps to the
specific parcel.
(b) The public hearing for the Board of County Commissioners' consideration of the
Special Master's recommendations will be advertised at least 15 days prior to the
public hearing, but not posting of the property will be reQuired.
Section 6: Until expiration of the interim moratorium created by Sections 4- J and ~ 1 hereof,
no Rate of Growth Ordinance allocation award, whether residential (ROGO) or non-residential
(NROGO), shall be made pursuant to an application with an entry date of Janl:lary April 14,
2004, or later, involving the clearing of any portion of an upland tropical hardwood hammock or
pine lands habitat contained in a patch oftwe one acres-or more in size ','lithin a Conservation and
Natural :\rea.
Section 7: Any residential (ROGO) or non-residential (NROGO) building permit application
with a ROGO/NROGO entry date of January April 13, 2004, or earlier shall be exempt from this
Interim Moratorium.
Section 8: Any residential (ROGO) or non-residential (NROGO) building permit application for
development on Big Pine Key or No Name Key shall be exempt from this Interim Moratorium.
Section 9: As of the effective date of this Ordinance, no ROGO or NROGO allocation
application that involves the clearing of any portion of an upland tropical hardwood hammock or
pinelands habitat contained in a tropical hardwood hammock or pinelands patch of twe one or
more acres in size located vlithin a Conservation and Natural :\rea shall be accepted or processed
by the Growth Management Division, except applications exempt hereunder and development
awarded a vested rights determination pursuant to Section g 11 hereof.
Section 10: This Ordinance shall not be construed to prohibit the continuation or establishment
of any use that does not require either a ROGO or NROGO allocation award, and that is allowed
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pursuant to the Monroe County Land Development Regulations and the 2010 Comprehensive
Plan.
Section 11: Any property owner adversely affected by the prOVISIOns of this Interim
Moratorium Ordinance may seek a determination that the owner's proposed development is
vested against the provisions of this Interim Moratorium, by filing with the Director of Growth
Management, together with an administrative fee in the amount of $400, a vested rights
application setting forth facts establishing that the applicant met, prior to the date that this
Ordinance is adopted by the Board of Monroe County Commissioners, the vested rights
standards set forth in Section 9.5-181 through Section 9.5-184, Monroe County Code. Such
application must be filed no later than sixty (60) days after the effective date of this Ordinance.
Section 12: The County Administrator is directed to have the Growth Management Division
begin immediately preparing the draft text and map amendments and other supporting studies in
cooperation with the Planning Commission in order to effectuate the provisions of Goal 105 of
the 2010 Comprehensive Plan and Rule 28-20.100, P.A.C., within the timeframes set forth
herein. As called for in Exhibit One ("Cooperative Agreement between the DCA and Monroe
County to Address Significant Work Program Issues") of Resolution 39-2004, the staff is
directed to prepare the following map and text amendments for adoption by the Board of County
Commissioners: 1) Tier Overlay Map Designations in accordance with Goal 105; 2) revisions to
ROGO/NROGO based on Tier System utilizing a positive approach that predominately relies on
land dedication and aggregation; and 3) revisions to environmental regulations based on the Tier
system rather than the existing Habitat Evaluation Index.
Section 13: In preparing these amendments, the County Administrator is directed to focus the
Growth Management Division's efforts in the following important areas: 1) preparation of
substantive revisions to simplify and streamline the County's permit allocation system, and of
other environmental regulations designed to insure continuing upland habitat protection, in form
that will make them more transparent and understandable to the public; 2) consultation with
appropriate legal and financial experts to ensure to the maximum extent possible that the permit
allocation and other land development regulations are legally defensible and fiscally sound; 3)
identification of plan and regulatory amendments and strategies to ensure that the goals and
objectives of the PKCCS and the 2010 Comprehensive Plan are properly implemented; 4)
creation of permanent regulations that adequately protect and balance other important objectives
of the 2010 Comprehensive Plan, including, for example, affordable housing needs; and, 5)
identification and securing of dedicated short- and long-term dedicated funding sources for land
acquisition and affordable housing.
Section 14: If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder shall not be affected by such invalidity.
Section 15: All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 16: The ordinance is hereby transmitted to the Plorida Department of Community
Affairs pursuant to Chapters 163 and 380, Plorida Statutes.
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Section 17: This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida, but shall not become effective until a notice is issued by the Department of Community
Affairs or Administration Commission finding the amendmenl in complianc;e with Chapter 163
and 380, Florida Statutes.
Section 18: This Ordinance shall stand repealed as of 11 :59 p.m. on the 365tb day after the
adoption of this Ordinance,' unless repealed sooner or extended pursuant 10 the terms set fonh
herein.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the _ day of .2004.
Mayor Murray Nelson
Mayor Pro Tem David Rice
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Murray Nelson
(SEAL)
ATTEST: DANNY L KOLHAGE, CLERK
Deputy Clerk
ATTACHED -CONSERV A nON AND NATURAL AREAS MAPS
Af(;:oCf~~Y
C=\Docwnents and Sel1ings\paral\Loc211 Scnings\Temporary Intc:met files\OLK2\MClDO-fmaIDraft-
1 acrcTevisions.doc
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Conservation and Natural Area
Maps
With Amendments Recommended
By the Staff and the Planning Commission
Monroe County
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STAFF
REPORT
County of Monroe
Growth Management Division
2798 Overseas Highway
Suite 410
Marathon, l10rida 33050
Voice: 305.289. 2500
FAX: 305.289.2536
Board of County Commissioners
Mayor Murray Nelson, District 5
Mayor Pro Tern David Rice, District 4
Corom. Charles "Sonny" McCoy, District 3
Corom. George Neugent, District 2
Corom. Dixie Spehar, District 1
MEMORANDUM
TO: Board of County Commissioners
FROM: Timothy J. McGarry, AICP~
Director of Growth Management
DATE: May 3,2004
SUBJECT: Amended Draft Interim Moratorium Ordinance
Overview
The Board of County Commissioners is requested to considerpd" an amended draft ordinance
deferring ROGO and NROGO allocations in areas of tropical hardwood hammock or pinelands of
one acre or greater. Except as discussed in the following paragraph, the amended draft ordinance
incorporates revisions directed by the Board of County Commissioners at the initial public hearing
on the draft ordinance held on April 21, 2004. A copy of the amended draft ordinance showing
additions and deletions made to the initial draft ordinance is provided to assist the Board in its
deliberations.
It should be noted that in its motion, the Board had directed staff to expand the Conservation and
Natural Areas to include all areas of tropical hardwood hammock or pinelands of one-acre or
greater. Unfortunately, the staff did not have an opportunity at the public hearing to explain the
problems inherent with such an expansion.
Basically, the expansion of the Conservation and Natural Areas (CNA) to include these one-acre or
larger habitat patches outside of the currently designated CNA boundaries, solely based upon a
one-acre habitat criterion, is not consistent with the designation criteria for such areas under Goal
105 and the standards identified in Resolution 346-2003. Furthermore, it does not take into
consideration existing development patterns or habitat coverage, which are critical elements in
assigning such a designation.
The amended draft ordinance does not include all tropical hardwood hammock or pinelands
patches of one acre or greater in the CNA boundaries which was the intent of Commissioner
Neugent's motion. Although, all patches are included in the proposed moratorium. If the Board
Page 1 of6
decides that it wants to revise the County's approach to habitat protection to include even small,
isolated habitat patches, then additional staff time will be required to prepare the necessary policy
framework.
This memorandum provides a description and analysis of the proposed ordinance followed by the
staffs conclusions and recommendations. The Growth Management Division staff does not
recommend adoption of the proposed amended draft ordinance as it extends the moratorium to
properties outside of the Conservation and Natural Areas. Instead, the staff recommends that the
Board further amend the draft ordinance to limit the moratorium to parcels located within the
boundaries of the Conservation and Natural Areas.
Description of Amended Draft Ordinance
The amended ordinance defers ROGO and NROGO allocations in areas of tropical hardwood
hammock or pinelands of one or more acres in all of unincorporated Monroe County except Big
Pine and No Name Key and Ocean Reef, regardless of whether or not the subject parcels are
located within the Conservation and Natural Areas. Although the Conservation and Natural Area
Maps are no longer germane to the moratorium, the revised ordinance still includes adoption of
these maps; however, the ordinance spells out that revisions to these maps may be done by
resolution of the Board rather than by ordinance. The CNA maps will continue to be used to
identify acquisition areas and areas appropriate for ROGO lot dedication.
As explained to the Board at the April 21 public hearing, the Planning and Environmental
Resources Department staff has continued to review and process requests for revisions to the
Conservation and Natural Areas boundaries (See Planning Director's memorandum in Attachment
#1). The Conservation and Natural Areas Maps attached to the amended draft ordinance reflect the
revisions recommended by staff in the Planning Director's attached memorandum.
As requested by the Board, to facilitate the administration of the moratorium and reduce
subjectivity in its application, the amended ordinance requires that the Florida Marine Resources
Institute (FMRI) ADID maps, produced from 1991 aerial photographs at 1:13,200 scale, are the
sole basis for identification of the one-acre or greater habitat patches. Sole reliance on these maps
is intended to simplify the identification process and eliminate the necessity for interpretation of
aerial photographs and site visits to update habitat data. Maps prepared for the Florida Keys
Carrying Capacity Study by FMRI will also be used, although because of the limitations of the data
used for mapping overlays the parcel data may be inaccurate. (See attachment #2)
In determination of patch size, only U.S. Highway 1 is considered a break in habitat, not County or
private roads regardless of their width or type of surface, and regardless of the absence of any tree
canopy extending across the roadway. As only land cover patches of one-acre or more are depicted
on the FMRl maps, these changes will somewhat simplify the designation of parcels subject to the
moratorium.
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Page 2 of6
As this amended ordinance will affect applications that have already entered the system since
January 14, 2004, the recommended vesting date for any application in the ROGO/NROGO
process has been revised from January 13, 2004, to April 13, 2004.
Analysis of Amended Draft Ordinance
In its analysis of this amended ordinance, the staff focused on two specific deficiencies in the
initial draft ordinance identified by the public and Board: (1) need for simplification and
elimination of subjectivity in the identification of parcels subject to the interim moratorium and the
need for maps identifying specific parcels subject to the moratorium; and, (2) need for expansion
of the moratorium to include habitat patches outside of the Conservation and Natural Areas.
1. Simplicity, Elimination of Subjectivity, and Specific Maps.
Simplicity
It was stated by several members of the public at the public hearing, that the reduction of the
habitat threshold from two-acres to one-acre (the minimum land cover area identified in the FMRI
ADID Maps) would simplify the identification of parcels subject to the moratorium. Although the
smaller acreage threshold may on the surface appear to be easier to apply, in reality differences in
the two data layers (parcel and habitat) and the scale (1: 13,200) of the aerial photographs from
which the habitat layer was produced still require staff interpretation and manipulation even with
the reduction in habitat area.
The argument that using one-acre rather than two acre patches would be simpler is only valid in
that staff will not have to exclude any subject habitat using the FRMRI ADID Maps, as the
minimum patch size depicted on these maps is one acre. However, as habitat boundaries do not
follow man-made boundaries (parcels) and may extend over numerous individual parcels, it still is
difficult to determine and map which parcels will be directly impacted by the moratorium without
reviewing specific site plans for proposed development.
Furthermore the FMRI maps, which were produced from large scale aerial photographs, are subject
to digitizing and data errors. Attachment #3 is a digital map that provides an example of this
problem and the inconsistencies between the habitat and parcel data layers. [Note: the amended
draft ordinance provides a process for addressing map errors or staff errors in the application or
interpretation of the maps.]
Elimination of Subjectivity
Another concern raised by the public was the amount of staff field work involved and the
subjective and inconsistent criteria that may be used in designating parcels subject to the
moratorium as no maps of the specific parcels are available. This argument did not recognize that
currently every development application involving a property with habitat requires an existing
conditions report that must be verified through field visits by staff. It also overlooks the fact that
this field work was intended under the previous proposal to update patch sizes based on clearing
and new growth, as the habitat maps are over 13 years old.
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Page 3 of6
To address these public concerns, the draft amended ordinance requires that the FMRI ADID Maps
be solely used to identify specific parcels subject to the moratorium. The one-acre patches have
already been mapped using the Growth Management Division's GIS. [Attachment #4 is a set of
GIS maps depicting the boundaries of the Conservation and Natural Areas (shown in gray) and
tropical hardwood hammock or pineland habitat patches of one acre or more (shown in red
outline.] 1
However, without expenditure of extensive staff time to manipulate the parcel and habitat layers to
ensure a fit, these maps, even if depicting one-acre minimum patches, will still require staff
interpretation and adjustment on a case-by-case basis. In all likelihood, many of the one-acre or
greater habitat patches shown on these maps, particularly those situated outside of the designated
Conservation and Natural Areas, have had significant development and clearing over the last 13
years. This fact argues against sole reliance on habit cover from the FRMI ADID Maps as the sole
criterion for imposition of the moratorium without further updating which require staff analysis
and further ground-truthing.
Roadways
The proposed ordinance also specifies that, except for U.S. Highway 1, a road, irrespective of
width or type of surface, will not constitute a break in habitat. While this may simplify the
identification of habitat patches, it is not based on sound biological science, as most roads, except
those where significant canopy exists, segment and disrupt the habitat, increasing the intensity of
"edge effects" such as the patch's vulnerability to secondary human effects, intrusion of invasive
plants, and adverse impacts of light and noise exposure and temperature variations. [Attachment
#4 is a technical memorandum from Dr. Ricardo Calvo, the County's environmental expert and
project manager of the Florida Keys Carrying Capacity Study discussing this effect.]
2. Expansion of Moratorium Outside of Conservation and Natural Areas.
The proposed amended draft ordinance expands the moratorium to include all tropical hardwood
hammock or pineland patches of one acre or greater throughout unincorporated Momoe County,
except where exempted or not subject to ROGOINROGO. The staff estimates that it would
potentially expand the number of acres of habitat subject to the moratorium from 916 acres (habitat
of two-acres or greater within the boundaries of Conservation and Natural Areas) to 1,076 acres of
privately-owned vacant lands. 2[Attachment #4 depicts the one-acre or greater habitat patches,
outlined in red that would be subject ofthe moratorium.]
Other than for "simplification purposes" (see previous discussion), the rationale for the one-acre
threshold was not thoroughly discussed by the Board. However, written documentation was
presented at the hearing from the public that called for "all undeveloped hammocks and pinelands
regardless of size [emphasis added] should be protected and new development should be directed
to thousands oflots that are not environmentally sensitive."
I The Conservation and Natural Areas Maps reflect boundaries shown in the attachment to initial Interim Development
Ordinance considered by the BOCC on April 21, 2004 and does not reflect boundary amendments proposed in the
Planning Director's memorandum in Attachment #1.
2 Within the Conservation and Natural Areas are 941 acres of tropical hardwood or pinelands habitat contained in
patches of one acre or more, which are vacant and privately-owned.
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Page 4 of6
The Growth Management Division staff do not recommend the inclusion in the moratorium of
small, isolated habitat areas outside of the Conservation and Natural Areas. As stated in a January
15, 2004, Growth Management Division staff memorandum to the Board of County
Commissioners on this ~ issue, the building block for the designation of the Conservation and
Natural Areas was based on the 4 acre minimum upland habitat considered by experts who did the
Florida Carrying Capacity Study as the minimum threshold for a viable habitat.
The designation of the boundaries took into consideration the need for buffers, opportunities for
connectivity of isolated patches through restoration and re-growth, distribution of developed and
cleared lands, existing habitat configuration and size, presence of canals and roads, etc. Within
these boundaries are small patches of habitat between one to four acres in size or smaller that can
be preserved, reconnected to larger patches, and properly managed.
Any small isolated patches of upland habitat outside of Conservation and Natural Areas are not
considered to have long-term viability as habitat of any regional, state, or national importance, but
may be of neighborhood or local importance. These patches are isolated, impacted by development,
and/or can not be connected with other habitat areas; therefore, they did not warrant being
designated within the Conservation and Natural Areas. This policy direction is directly supported
by the science in the Florida Keys Carrying Capacity and corroborated by the County's consultant,
Dr. Ricardo Calvo, who was project director for that study.
The Growth Management Division staff believes that the current regulations, supplemented by
minor regulatory revisions and land acquisition programs will help preserve those small isolated
patches not included in the CNA that may be of significance to neighborhoods. Therefore, the staff
believes it would be inappropriate to place any type of moratorium on upland habitat outside of the
designated Conservation and Natural Areas; as such a moratorium would conflict with the policy
basis for the establishment and designation of Conservation and Natural Areas and good
environmental science.
In particular, calling for a moratorium on specific areas where the County wants to encourage
development may weaken the legal and policy basis for the moratorium. If public financial
resources were infinite, the County could attempt to buy up all the parcels containing these small,
isolated habitats; however, with limited funding resources, acquisition of potential lands for
conservation must be prioritized. As Dr. Calvo recommends in the attached memorandum:
"Conservation and acquisition should focus on larger, connected habitat patches,
because they provide for a) protection of a larger number of species, b) the
preservation of ecological processes, and c) a buffer against the secondary impacts
of human activity on native areas.
Efforts to preserve biodiversity and the ecological value of upland habitats in the
Florida Keys should give priority to larger patches and those smaller patches that
are or can be connected to larger patches. Tier I [Conservation and Natural Areas]
lands were delineated based on these criteria."
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Page 5 of6
Conclusions
The Growth Management Division staff finds that the amended draft ordinance further complicates
rather than simplifies the moratorium and will not make it more translucent or understandable to
the public. It will create additional administrative burden on staff as the number of development
applications that may be subject to this moratorium will be greater than the initial draft ordinance
due to the expansion of the moratorium to existing developed subdivisions.
More significantly, the amended draft ordinance expands the moratorium to include small, isolated
patches of habitat, which have little ecological value and lack long-term viability. As these patches
are located within areas deemed suitable for future infill development and in many cases are
currently almost fully developed, the whole concept undermines the public purpose served by the
moratorium and the solid legal, scientific, and planning rationale for the designation of the
Conservation and Natural Areas.
The most simple and defensible moratorium that can be implemented is one based on the
Conservation and Natural Areas. The boundaries of these areas were delineated on a parcel by
parcel basis taking into full account many factors, not simply out-dated or inaccurate habitat cover.
Recommendations
The staff recommends that the draft amended ordinance be further amended to reflect one of the
following options (listed in order of preference):
o Enact a moratorium on all lands within the Conservation and Natural Areas,
regardless of habitat;
o Enact a moratorium on the clearing of any tropical hardwood hammock or pinelands
habitat within the Conservation and Natural Areas;
o Limit the moratorium to tropical hardwood hammocks or pinelands of one or more
acres within the boundaries of the Conservation and Natural Areas; or,
o Limit the moratorium to only tropical hardwood hammocks or pinelands of two or
more acres within the boundaries of the Conservation and Natural Areas, as
originally proposed and agreed to in the County-DCA partnership agreement.
Attachments
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Page 6 of6
ATTACHMENT
1
Monroe County Department of Planning and Environmental Resources
2798 Overseas Highway ~ Marathon Florida 33050
305-289-2500 ~ conaway@mail.state.fl.us
May 5, 2004
TO:
Monroe County Board of County Commissioners
o
K. Marlene Conaway, Directorf~ fX
Interim Moratorium Ordinance
FROM:
RE:
Conservation and Natural Area MaDS
Conservation and Natural Area (CNA) map boundaries were adopted by the Board of
County Commissioners in Resolution #346-2003. The purpose of these maps was to
designate areas for acquisition from willing sellers. The Board of County Commissioners
determined that a moratorium at that time was not warranted.
The CNA maps were developed to implement the Florida Keys Carrying Capacity Study
(FKCCS) and Goal 105 of the Comprehensive Plan. The Conservation and Natural Areas
include upland native vegetated lands above four acres in size, restoration areas between
fragmented hammocks, known threatened and endangered species habitat, and buffer
areas where appropriate.
Staff has further analyzed the Conservation and Natural Area maps approved for
acquisition boundaries by the Board in August and considered requests by the public for
review of specific properties. More than twenty properties were field inspected before the
April BOCC meeting. Ricardo Calvo, consultant for the County and project leader for
the FKCCS has also reviewed the maps and the staff recommendations for amendments.
In addition to the amendments contained in the April packet the staff has reviewed a
additional sites and are recommending two changes to the maps; one in the upper Keys
and one in the Lower Keys. The Maps attached to the ordinance have been amended to
reflect the recommended changes.
Staff Recommendation
Staff recommends approval of the boundaries of the Conservation and Natural Areas as
amended.
Cc, Timothy J. McGarry, Director Growth Management
Rebecca Jetton, DCA
Recommended Amendments
Conservation and Natural Area
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ATTACHMENT
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Terrestrial
Habitat
A
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Land Ownership
CJ Federal
CJ State
~ County
_ Municipality
_ NGO's
Private, labeled per
parcel number
" 521950
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521880
.....
@
521750
~
5i:870
521860'"
87960
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...-.- d.'
Habitat
EJ
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..
Cilll
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Hammock
Pinelands
RidgelHammock
Saltwater Wetlands
(All vegetation types)
Freshwater Wetlands
(All vegetation types)
521170
'521780
521190
.. .
00.
Boundary
Parcel Boundary
Roads
-GJ
-+.0
-
Kev Larl!O-4S
.
DaIa Sourcell: FMRI providod ADID, 1991 plxMgrapby lIIId us I, 1997; Monroe County Property ApproiIe< providod pan:cl dala set, 2003.
1 :4,800
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"","", .;.....,~,
"....
I
I
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0.1
-
DISCLAIMER:
The bouodari.. depictod on this map are approximaa:, lIIId are DOt neocessarily acourale 10 surveying s1lmdards. These data are in1ended for informational pmposes lIIId should not be considered
.ud>oritalive ror navi..tional, ~ lepllllld oIher site-specitlec..... Furtbonn""" FWC-FMRI does DOt lI8S1IIIHl any ",..I liability or re&pon8ibility ari8ing from tile use or this map in . mat1IIIOT
DOt intond<<l by FWC-FMRI. Land Ownenbip calO1I<>ri.. are ba&cd on tile P.....I Code (PC) descriptilllllllld asaumption thai private ownenbip will ba"" . taxable property wlue _"'" than "0".
Map created by Florida Fish and Wildlife Conservation Commission. Florida Marine Research Institute
ATTACHMENT
3
N
A
250
-
N
A
250
Feet
ATTACHMENT
4
Monroe County
Conservation and Natural Areas
with ADID Upland
MM 4 to 8
~
==
~
t;2.'r:-:;:l~
_Conservation and
Natural Areas
o MUltary Land
D ADID Upland >= 1 Acre
-US1
. MUe Marker
N
A
MoIlroeCou,nty
P1~ iUtd &mIuonmental
Re~ o.,~ent
o
0.25
MUes
0.5
.
Tn,s map 15 for MQ!'Iroc COUTlty (jrov.'tll \tanll,gem~n' D1"lsl{l~
pl.lfT'<>l".'lI,."I~ T!",d;,UU"'l.llncJI""",," j. dl"'1111"'" ~r.JHll'V
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I j
Monroe County
Conservation and Natural Areas
with ADID Upland
MM 8 to 12
"",.
~""
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.
,
_Conservation and
Natural Areas
D Mifilary Land
D ADID uplend >= 1 Acre
-US1
· Mile Marker
N
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MOD1'06County
~abd~nmenta1
Re~~ent
o
0.25
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0.5
.
TIts map u lor M<>nroe COll"'Y (j!"O"i'th \t"'flI,(m~m o,\-'s'(m
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I; . r... P i J., ~ j
Monroe County
Conservation and Natural Areas
with ADID Upland
MM 12 to 19
_Conservation and
Natural Areas
D Military Land
o ADID Upland >= 1 Acre
-US1
. Mile Marker
N
A
~County
Planning lIftd t6Vir0nmental
Reso~ ~ent
o
0.5
Miles
TlI1S map IS for M.mr<:>e Coullfy urml.'tIl \tnl'lll~mel'l D1'.'Sl(ln
1'..........."01 'mJ~ The J.na ..c'''!.l'ned I......."",~ .1I""Ultl,,,.., 4nJ ....,-
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L)f'lk......di""'u"nlnf.>rmlIuon
Monroe County
Conservation and Natural Areas
with ADID Upland
MM 19 to 24
)
_ Conservalon and
Natural Areas
I; <':1 Military Land
D ADD Upland >= 1 Aae
-US1
. Mile Marker
N
A
___w
Reso \... : / ent
'~~...:!"-~/.
Thlt mllp II r", Monrur LUIIIlfy ar"wth ~~1 Divit;""
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1"':I),)f<...ll-h-: KI( 1),lf,'; 4.~(,..t)"1
o
0.5
Miles
Monroe County
Conservation and Natural Areas
with ADID Upland
MM 24 to 30
~
~
,
N
A
f . .. )1 Military Land
D ADIO Upland >= 1Aae
-US1
. Mile Marker
~~
Thi, map i. rU1 MllIInle Cll'Ulllr Growth M_1"'DEIl1 l)'VlJioIl.
J'lII'POSft ......Iy The ......-taiM'd homnil i~""'nwy
""lllCf_tWydepid~.pualll,l'NdIo..ri"'lof'..,...
otidenlitkMioninl<Jnn8tioD
1';('P,lh,1 K...: KH D,",': 4.'~('i(j.,~
o
0.5
Miles
Monroe County .
Conservation and Natural Areas
with ADID Upland
MM 29 to 35
"
_Conservation and
Natural Areas
1',>"1'2,;~ Military lald
D ADI) Upland >= 1 Aae
-US1
. Mile Marker
.
>>
.."
N
A
o
0.5
It\llltllp U {or Monme ....<>.ny Gr0901h M.......- llivt.lioft
~.....Iy Tne,*"C<:>IIUlincod hcftin ~ iIlllltnlM.",ndIMY
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",identitWlIli<miprOflMh<>ll
l'iql.Uu.:! Hv. KI( 1);11,'. ~".?(,:Il.~
Note: Upland located on Big Pine Key or No Name Key
has been excluded in this analysis.
Miles
"
Monroe County
Conservation and Natural Areas
with ADID Upland
MM35t041
_ Conservalon and
Natural Areas
D Military Land
o ADD Uplend >= 1 Aae
-US1
. Mile Marker
N
A
~County
I'lannin.$IiIld ~nmental
Re~ ~ent
o
0.5
T'h:llTl~r ,s r<;>r M<mro.:: CODI1IY li"",,"ttI \l8~.ccmc~' DI\'IS1Qn
pU,I''''.....,;o"l,,- 'Ihc.bu~,>nl~.""dh<-n:ln ""lIwu,,",,,,, ."d"",v
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".-idCflufiUlll.lOmf...rn'IH'><'"
Miles
1;, "II 1)
Monroe County
Conservation and Natural Areas
with ADID Upland
MM 60 to 63
~
\0)~\
/ \ J~c[I'.Y;~~. ;. \.~..~~..~
\~ ~/::::' 1(f\ \),;\
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_ Conservalon and
Natural Areas
D MIlitary Land
D ADD Upland >= 1 Aae
-US1
. MIle Marker
N
A
0 0.25 0.5
.
Miles
Moof06,~ty
Plannin,g lII\d ~nmental
ResoWce8 OeJl,8rtment
rhl~ maillS l{>rf\k>nrocCellMY utl:I'I!.,1l \4lInng~mem n\\'lswr
f"1'pO'~~ ,mly Tho.: dalll .<m""""J tx-<""", III dlu,uJluw M.d may
oo:acc""'ld~dcplClhollnJDnu.pan:ell.roaoj,l.n&.h.<)r",.y'
'J"Jcn"Ii".I",,,n,n{<",nYI"'"
Monroe County
Conservation and Natural Areas
with ADID Upland
MM 65 to 71
_ Conservalon and
Natural Ar8llS
o Military Land
o ADO Upland >= 1 Aae
-US1
. Mile Marker
N
A
MOIU'06.~ty
P1a.nni.1:l1lJ Utcl ~nmental
Re~a ~ent
o
0.5
Miles
Th'5 mllp IS It.r ~l(lnroe COUl'ty (j1m'1h ~1I(I,cmem f),v'slon
[lW1'<,...."lI.,,,l~ rht: J.mI ~'mUl.'''''J ""r~'n I~ dlw;u,,"~,' and muv
liCIt .cnlr-.uely dcplCl OOUt:.oo"",S. (Illn:e'~. mads. nskt of '....y,
nr,J""ur.""u,m,nf,"'","II.'n
Monroe County
Conservation and Natural Areas
with ADID Upland
MM 91 to 93
_ Conservalon and
Natural AraBs
1;';,:('JjlJ MIlitary Land
D ADD Upland >= 1 Aae
-US1
. Mile Marker
N
A
0 0.25 0.5
.
Miles
~w
-~~/
TIll' ~ u fm Monroe Cwnly Orvwlh MlMpmenl Df~..iolI.
J"lII1l<'1"l <'>Illy The.-u. .....U1mN herein i~ ;lI\11tl'atN~ md ~
""(a<<.....Wy""ricthou~.~,roaok,rilfl'Gt.....)'Il.
..,.~lkMioninf<.ormatioll
I'IL'Jl,lr~J l-iI': K I( [);Ili.': 4:~I,:O..j.
Monroe County
, Conservation and Natural Areas
with ADID Upland
MM 93 to 95
_ Conservalon and
Natural Areas
("""1 Military Land
D ACID Upland >= 1 Aae
-US1
. Mile Marker
N
A
0 0.25 0.5
.
Miles
-...... 3.::~tal
~~.~'~.~'c
Thi10 mlIp i~ lilf Monn~ Counf~ Oruwtb M_Il""D"'" nl1"l~ioa
J'IIf1lOS"'I ""ly The <.lMa ~""l4in~ hercin j, ;U~""andmay
""ll1UlITI."'lydqtkt~....pan:<!ll~,roadlo.rishlofwayoo,
vridentir",.i<lIIInIOnnl1iorl
l'I'<:!I,lfLd ,ly: K I{ Diih:: -L~(dH
Monroe County
Conservation and Natural Areas
with ADID Upland
MM 95 to 98
, N
A
0 0.25 0.5
.
Miles
I
.
,
_ Cons<<Valon and
Natural Areas
~{,:;1'?1 Mlitary Land
D ADD Upland >= 1 Aae
-US1
. Mile Marker
"~~':~~/
11111 rnlIp 0; fut MOI1n.., CI_Y Oruwth M.n.srroml [)ivl)ion
J"OI'l'O<'h""I~ ThedBtll"....ltIitm1htftiniJ;numMiveandmwy
"",..."'......b>tyd8picI~.~Io,""""'.rigtll"f.....Y"
i>fidetJlitk.no..inf.......-h<m
1.".'!1.1(,~j K\'. KR Dilh'. ~_ '(,Ill. I
Monroe County
Conservation and Natural Areas
with ADID Upland
MM 98 to 100
~
_ Conservalon and
Natural Areas
1~:\)r:'l Military Land
D ACID Upland >= 1 Aae
-US1
. Mile Marker
N
A
0 0.25 0.5
.
Miles
~~~~
Thil map is fur Monn.~('wnt), Orowt.h. M_cmam1 Di~i,iolI
~. nn1r The,\aIo~""'t.liMd~i. illllltnltlvellndlM)'
""l.....,unbolydef'kllooa..........~,.......righto('""".
<>Tidmtific.oo...inf~
1"L'j';u"d H~' K I{ I)..r.:: 4.~(,,-().+
.
.-
1><1 MIlitary Land
D ACID Upland >= 1 fJv::re
-USl
. Mile Marker
o
0.25
Miles
0.5
.
Th,~""",'~ ((~ M"_,,,~ Om..llI M.~ Di.....;""
p..,.......""'lyThcdatll..otMiftCldl2ninililhtolnll:i....and....,.
OOI............Id).Jq:oi<:I~,pu.:dl;<n>fodoo,rillll..,.....'"Y'-
ar;,JcnriflCaMtIlnfOlTlllltloll
l'n'Jl,lI'.:d By: KR Dale. .J 211 04
Monroe County I Areas
. n and Natura
conserv~tlOADID Upland
WIth 06
MM 103 to 1
Conservation and
- Naturel Areas
_ Military Land
d >= 1 Acre
D ADIO Uplan
-US1
. Mile Marker
N
A
0.5
0.25 .
0
MNes
- -
Monroe County
Conservation and Natural Areas
with ADID Upland
MM 105 to 108
_Conservation and
Natural Areas
D Military Land
D ADID Upland >= 1 Acre
-US1
. Mile Marker
N
A
0 0.25 0.5
.
MUes
AlTACHMENT
5
HDR Engineering, Inc.
2202 N Westshore Blvd, Suite 250
Tampa FL 33607-5755
Phone: 813.282.23941 Fax: 813.282.2440
MEMORANDUM
FROM:
Ricardo N. Calvo, Ph.D.~
TO:
Marlene Conaway, Monroe County
DATE:
January 19,2004
RE:
Ecological Consequences of Small Habitat Patch Size
In 1967, MacArthur and Wilson predicted that larger islands are more likely to have a greater
diversity of habitats, allowing a wider variety of species to co-exist (MacArthur and Wilson
1967). This prediction has been extended to address the effect of habitat fragmentation,
particularly where developed areas surround habitat fragments. Models predict that smaller
patches would have fewer species than larger patches of the same habitat type.
Biodiversity and ecological functions can be affected in three main ways with decreasing
habitat patch size: a reduction in the number of species, an increase in the relative intensity of
edge effects, and an increase in the patch's vulnerability to secondary human effects.
Smaller patches provide less room and
habitat diversity for species. Therefore,
fewer species can co-exist in smaller
patches. Bancroft et al. (1995) showed
that fewer forest-nesting bird species
occurred in smaller hammock patches in
the Florida Keys. Several species in the
Florida Keys require minimum patch
sizes of several acres for breeding or
other key life history events. For
example, white-crowned pigeon
(Columba leucocephala) fledglings
require patches larger than 12 acres for
their initial dispersal (Strong and
Bancroft 1994).
ts
~
LLI
Number of Species
Edge Effects
Secondary Impacts
Smallll.ollled
PaICh
wgclCDnllected
P_h
Patch Size and Connectivity
Figure .1. General depiction of the effects of
habitat patch size/connectivity
Forest edges are subject to different conditions than forest interiors. Light exposure,
temperature gradients, and other biophysical conditions are more extreme along the edge of
the forest. Strong and Bancroft (1994) suggested that, in the Florida Keys, forest patches of
less than 13 acres experience edge conditions throughout.
Finally, small forest patches are more vulnerable to secondary human effects, such as noise
and light pollution, than larger patches. A swnmary of the literature on the extent of
secondary effects into forest interiors suggested that secondary effects extend at least 500
feet into forest patches (U.S. Army Corps of Engineers 2003). To illustrate this effect,
consider that the entire area of a circular forest patch with a diameter of 500 feet
(approximately 18 acres) would be affected by secondary impacts.
In the Florida Keys, development has severely fragmented upland habitats; nearly 90% of the
remaining patches are of 10 acres or less. A total of 33 patches of privately-owned upland
forest remain outside Tier 1 in unincorporated Monroe County, excluding Big Pine Key and
No Name Key. The ecological value of most ofthese small fragments is minimal. They
occur mainly in subdivisions, adjacent to developed lots or roads and canals. A few of these
patches represent green portions of developed parcels.
Conservation Implications
Because fiscal resources for land acquisition are limited, potential lands for conservation
must be prioritized. Conservation and acquisition should focus on larger, connected habitat
patches because they provide for a) the protection of a larger number of species, b) the
preservation of ecological processes, and c) a buffer against the secondary impacts of human
activity on native areas.
Efforts to preserve biodiversity and the ecological value of upland habitats in the Florida
Keys should give priority to larger patches and those smaller patches that are or can be
connected to larger patches. Tier 1 lands were delineated based on these criteria.
References
Bancroft, G.T., A.M. Strong, and M. Carrington. 1995. Deforestation and its effects on
fores!-nesting birds in the Florida Keys. Conservation Biology 9:835-844.
MacArthur, R.H. and E.G. Wilson. 1967. The theory of biogeography. Princeton University
Press, Princeton, N.J. 120 pp.
Strong, A.M. and G.T. Bancroft. 1994. Postfledging dispersal of white-crowned pigeons:
implications for conservation of deciduous seasonal forests in the Florida Keys. Conservation
Biology 8:770-779.
u.S. Army Corps of Engineers. 2003. Florida Keys Carrying Capacity Study, Final Report.
13 1 pp.
P~op? nf?
~ -l::l- - -- -