Ordinance 024-2005 ORDINANCE NO424--2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE
COUNTY 2010 COMPREHENSIVE PLAN TO DELETE
REQUIREMENTS FOR A HABITAT EVALUATION INDEX (HEI),
REVISE THE OPEN SPACE, LAND ACQUISITION, MANAGEMENT
AND GIS MAPPING REQUIREMENT AND IMPLEMENT GOAL 105 OF
THE 2010 COMPREHENSIVE PLAN AND THE TIER SYSTEM BY
DELETING POLICIES 101.4.20, 102.4.6, 102.9.5, 102.9.6, 103.2.2, 207.1.2,
207.10.5, 207.12.6 AND OBJECTIVE 1201.13; REVISING POLICIES
101.4.22, 101.14.1, 102.1.1, 102.4.1, 102.4.2, 102.4.3, 102.4.4, 102.4.5, 102.7.3,
102.8.1, 102.8.5, 102.9.1, 102.9.2, 102.9.3, 102.9.4, 103.2.1, 105.2.1, 105.2.3,
105.2.6, 105.2.7, 105.2.10, 204.2.1, 205.1.1, 205.1.2, 205.1.3, 205.1.4, 205.1.5,
205.1.6, 205.2.1, 205.2.2, 205.2.6, 205.2.7, 205.2.12, 205.2.14, 205.5.1, 205.5.2,;
REVISING OBJECTIVES 102.4, 102.9, 205.1, 205.2 AND 205.5;
CREATING NEW POLICIES 6, 102.4.6, AND 102.4.7; PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
DIRECTING THE PLANNING AND ENVIRONMENTAL RESOURCES
DEPARTMENT TO TRANSMIT A COPY OF THIS ORDINANCE TO
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Administration Commission in 1996 enacted Rule 28-20.100,
which created the "Work Program" in the 2010 Comprehensive Plan and mandated, among other
things, the preparation of a Carrying Capacity Study for the Florida Keys; and
WHEREAS, the "Work Program" mandates that the County implement the Carrying
Capacity Study by the adoption of all necessary plan amendments to establish development
standards to ensure that new development does not'exceed the carrying capacity of the County's
natural environment; and
WHEREAS, the "Work Program" mandates that the County initiate and complete a
collaborative process for the adoption of Land Development Regulations (LDRs) and
Comprehensive Plan amendments to strengthen the protection of terrestrial habitat; and
WHEREAS, the Florida Keys Carrying Capacity Study (FKCCS), completed in
September 2002, sets out guidelines that, inter alia, would direct future development away from
"native habitat," and into "areas ripe for redevelopment or already disturbed"; and
WHEREAS, Florida Statute 163.3177(6)(a) requires the adoption and implementation of
a future land use element which designates future general distribution, location, and extent of
lands used for conservation purposes; and
WHEREAS, Goal 105 of the 2010 Comprehensive Plan, "Smart Growth," was adopted
by the Board of County Commissioners in 2001 to comply with the statutory mandate, to
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implement Rule 28-20.100, F.A.C., and to provide a framework within the 2010 Comprehensive
Plan to implement the FKCCS and other state directives; and
WHEREAS, Objective 105.2 of the 2010 Comprehensive Plan, pursuant to the Rule 28-
20.100, F.A.C. mandate, directs the County to map and designate land within the Florida Keys in
order to protect environmentally sensitive lands; and
WHEREAS, the Board of County Commissioners (BOCC), at a regular meeting on
January 21, 2004, directed Growth Management staff to prepare an ordinance deferring ROGO
and NROGO allocation awards in areas containing tropical hardwood hammock or pineland of
two acres or greater within Tier I - Conservation and Conservation and Natural Areas (CNA),
while staff prepares draft text and map amendments and other supporting studies in order to
effectuate the provisions of Goal 105 of the 2010 Comprehensive Plan, and Rule 28-20.100
FAC; and
WHEREAS, the Monroe County Board of County Commissioners directed staff to
prepare text and map amendments in Ordinance No. 018-2004 adopted June 16, 2004, to include:
Tier Overlay Map designations in accordance with Goal 105; revisions to ROGO and NROGO.
based on the Tier system utilizing a positive approach that predominately relies on land
dedication and aggregation and revisions to the environmental regulations based on the Tier
system rather than the existing Habitat Evaluation Index; and
WHEREAS, Goal 105 provides a framework for future development and land acquisition
for the next 20 years that considers the carrying capacity of the Florida Keys, reduces sprawl and
promotes sustainability; and
WHEREAS, Tier Maps were developed following the criteria in Goal 105, utilizing
computer mapping (GIS), identifying areas appropriate for additional development and those
which are important environmentally and should be preserved; and
WHEREAS, the boundaries for the Tier Maps were drawn using environmental and
development information and digital data from the Florida Keys Carrying Capacity Study
(FKCCS), the Planning Department and the Property Appraisers Office and refined through site
visits by the County Biologists and Planners; and
WHEREAS, tropical hardwood hammock size is a major determinate of habitat quality
according to the FKCCS;therefore size and connectivity are used in determining the boundary of
Tier I areas to identify the best and most important terrestrial habitat areas for preservation; and
WHEREAS,Tier I includes all contiguous tropical hardwood hammock areas above four
acres and restoration areas between fragmented smaller hammock patches to increase the
hammock size and buffers where possible; and,
WHEREAS, Tier II areas are only designated for Big Pine Key and No Name Key and,
along with the Tier I and III designations on these two islands, this designation is based on
relative wildlife habitat quality as defined in the Habitat Conservation Plan and previously
incorporated into the Monroe County Comprehensive Plan under Policy 101.20.2; and
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WHEREAS, the majority of Tier III is appropriate for additional infill development
because of the location and amount of existing development in the areas designated;
WHEREAS, the current Land Development Regulations (LDRs) require properties
designated on the 1986 Habitat Maps as hammock and pineland to perform a Habitat Evaluation
Index (HEI) to determine the amount of clearing permitted and the negative points awarded in
ROGO and NROGO; and
WHEREAS, the HEI is a subject of continuous controversy, is accused of being
subjective and since based on 1986 maps, does not take into consideration re-vegetation over the
last twenty years; and
WHEREAS, the proposed ordinance removes the requirement for performing an HEI
from the 2010 Comprehensive Plan by basing habitat quality and permitted clearing on the Tiers;
and
WHEREAS, in addition to changes to implement the Tier system, the Comprehensive
Plan amendments also address the requirements for a Land Acquisition Master Plan; and
WHEREAS, the development and implementation of a land acquisition program,
coordinated with responsible state and federal agencies, is necessary and required in order to
comply with Goal 105 and the state-mandated Work Program; and
WHEREAS, the land acquisition policies adopted herein are consistent with previously
adopted comprehensive plan policies, the Florida Keys Carrying Capacity Study, and state
requirements; and
WHEREAS, the Planning Commission, after hearing comments at four public hearings,
made changes to the staff draft amendments and, at a public hearing on November 3, 2004,
recommended approval of the proposed amendments to incorporate changes to the County's
environmental regulations based on the Tier system and the elimination of the Habitat Evaluation
Index requirement; and
WHEREAS, the Planning and Environmental Resources Department made minor
changes to the proposed draft based on direction of the Planning Commission, including text
revisions to ensure readability and correct typographical errors or omissions in the text and
recommends approval of the proposed amendment to the 2010 Comprehensive Plan; and
WHEREAS, the Board of County Commissioners reviewed, in a series of public
hearings held in December 2004 through June 2005, the proposed amendments to the 2010
Comprehensive Plan recommended by the Planning Commission which delete the HEI
requirements in the Plan, require an existing conditions report including a vegetation survey,
require a grant of conservation easement to protect open space vegetation and limit the clearing
of native upland vegetation dependent on the tier system designation, and provide for a Land
Acquisition Master Plan; and
WHEREAS, the Board of County Commissioners approved revisions to the proposed
amendments and, on June 14, 2005, approved a Resolution to transmit the comprehensive plan
amendments to the Florida Department of Community Affairs (DCA); and
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WHEREAS, the Board of County Commissioners approved in concept revisions to the
habitat protection elements of the proposed amend heats on August 17, 2005, in response to
concerns raised by the Governor and Cabinet and negotiations with the DCA staff; and
WHEREAS, the DCA responded to the County transmittal on August 31, 2005, in an
Objection,Recommendations, and Comment report prepared pursuant to Rule 9J-11.010; and
WHEREAS, during a public hearing on September 22, 2005, the Board of County
Commissioners reviewed the DCA report, the staff report and response to the DCA report, and
revised amendments to the 2010 Comprehensive Plan prepared by staff in response to the DCA
report and the direction of the Board; and
WHEREAS, the Board of County Commissioners approved further amendments to this
ordinance primarily revising policies in Goal 105 to ensure internal plan consistency of the
revised Tier system with the policies of Goal 105, further discourage and reduce clearing of
upland native vegetation and to enhance habitat protection elements of the revised Tier system
by designating tropical hardwood hammocks or pineland patches of one acre or greater in Tier
III for special protection and acquisition by the County; and
WHEREAS, the Board of County Commissioners finds said amendments are consistent
with and further the goals, objectives and policies of the Year 2010 Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Create a new Policy 6 that reads as follows:
Policy 6
Florida's Growth Management System, including rules promulgated by the
Administration Commission,has created major mandates of state requirements for
Monroe County with respect to the County's designation as an area of critical
state concern. These mandates, together with other federal statutes and programs,
have created an interlocking partnership between the state, Monroe County and
federal agencies to plan for and implement major environmental and growth
management systems. This partnership entails responsibilities for the state,
federal government, and County to work together in policy development and legal
proceedings so that responsibility for liabilities that arise from this partnership are
fairly allocated.
Section 2. Delete Policy 101.4.20.
Section 3. Amend Policy 101.4.22 to read as follows:
Policy 101.4.22
All development shall be subject to clearing limits defined by habitat and the
location of the property in the Land Use District (zoning) Overlay Tier Maps and
the wetland requirements in Policy 102.1.1. The clearing limits of upland native
vegetation areas for properties in the Ocean Reef planned development shall be
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limited to 40 percent of the existing upland native vegetation. Except as defined in
Policy 101.12.4, clearing of upland native vegetative areas in the Tiers I, II, and
III shall be limited for the portion of the property containing upland native
vegetation in the following percentages:
Tier Permitted Clearing *
I 20%
II 40% (Big Pine Key and No Name Key)
III 40% or 3,000 s.f., 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%.
Section 4. Amend Policy 101.14.1 to read as follows:
Policy 101.14.1
Monroe County shall discourage developments proposed within the Coastal High
Hazard Area(CHHA). [9J-5.006(3)(c)1]
Section 5. Amend Policy 102.1.1 to read as follows:
Policy 102.1.1
The County shall protect submerged lands and wetlands. The open space
requirement shall be one hundred (100) percent of the following types of
wetlands:
1. submerged lands 2. mangroves 3. salt ponds 4. fresh water wetlands
5. fresh water ponds 6. undisturbed salt marsh and buttonwood wetlands
Allocated density (dwelling units per acre) shall be assigned to freshwater
wetlands and undisturbed salt marsh and buttonwood wetlands only for use as
transferable development rights away from these habitats. Submerged lands, salt
ponds, freshwater ponds, and mangroves shall not be assigned any density or
intensity. [9J-5.006(3) (c) 1 and 6]
Section 6. Amend Objective 102.4 and Policies 102.4.1, 102.4.2, 102.4.3, 102.4.4, and
102.4.5 to read as follows:
Objective 102.4
Monroe County in cooperation with the state and other acquisition agencies shall
prepare a Land Acquisition Master Plan by July 1, 2005 containing a strategy for
securing funding, and a determination of those sources considered appropriate for
acquisition and management of conservation lands, retirement of development
rights and identification and purchase of sites for affordable and employee
housing and recreational purposes. Acquisition priorities should be consistent
with the tiered system adopted by this plan and as required by the State Work
Program in Policy 101.2.13 in order to identify lands appropriate for voluntary
purchase consistent with the comprehensive plan policies. [9J-5.006(3)(b)4, 10
and 9J-5.010(2)(c)3]
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Policy 102.4.i
The Monroe County Land Acquisition Master Plan shall be developed and
implemented by the Growth Management Division, in cooperation with the
Monroe County Land Authority, FDEP, FDCA, FWC, USFWS and other
responsible federal and state agencies. [9J-5.006(3)(c)4 and 6]
Policy 102.4.2
The Land Authority and the Growth Management Division shall identify and
prioritize the types of lands which shall be considered for acquisition. These
lands shall include, at a minimum:
1. designated Tier I (Natural Areas) lands as defined in Policy 105.2.1.1,
which shall include all contiguous hammock or pineland areas above four
acres in area;
2. restoration areas between fragmented hammocks to increase the
contiguous hammock size and buffers where appropriate and lands
containing naturally occurring and native habitats;
3. fresh water wetlands, and undisturbed salt marsh, and buttonwood
wetlands that are required open space under Policy 102.1.1;
4. patches of upland native vegetation of one acre or greater in area in Tier
III, designated as Special Protection Areas, that provide habitat for small
birds and animals and contribute to the quality of the neighborhoods;
5. lands containing unique geologic features;
6. lands whose conservation would enhance or protect water quality or would
protect fish or wildlife habitat, which cannot be adequately protected
through local, state and federal regulatory programs;
7. lands in Tier III for employee and affordable housing that do not involve
the clearing of any upland native vegetation contained within a patch of
one acre or greater;
8. lands which can be used, without adverse impacts on natural resources, for
community and neighborhood parks and/or public beaches water access;
9. lands, which offer the opportunity for preservation of significant
archaeological or historical sites; and
10. lands with habitat value on Big Pine Key and No Name Key to meet
mitigation requirements of the Big Pine Key and No Name Key Habitat
Conservation Plan. [9J-5.006(3)(c)4 and 6]
Policy 102.4.3
The Land Authority and Growth Management Division shall develop a priority
list of acquisition sites. This list shall be updated annually with public input
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taken. In formulating this list the County shall prioritize ier I lands over Tier II
(Big Pine Key and No Name Key) and Tier III lands. Outside the boundaries of
Tier I, land with fragmented hammocks or pinelands of greater than one-acre in
area and wetlands identified in Policy 102.4.2,2 shall be the second highest
priority for acquisition. Acquisition of land for affordable housing in Tier III that
does not involve any clearing within an upland tropical hammock or pineland of
one acre or greater in area shall also be a top priority. [9J-5.006(3)(c)4 and 6]
Policy 102.4.4
The Monroe County Land Acquisition Master Plan shall contain an acquisition
financing plan which identifies sources of funding for acquisition of lands on the
Priority List. Land acquisition will be a coordinated effort between the state and
federal governments and the County. The County shall petition the state and
federal government to accept primary responsibility for acquisition of Tier I,
conservation and natural lands. The County shall be responsible for purchases in
Tier II (Big Pine Key and No Name Key) and in Tier III of wetlands and
fragmented hammock or pineland areas of one-acre or greater. Land acquisition
for other priorities depends upon funding availability, need and future use. [9J-
5.006(3)(c)4 and 6]
Policy 102.4.5
An intergovernmental organization and management structure shall be developed
to implement the expanded acquisition program, including representatives of the
Growth Management Division, Land Authority, municipalities and state and
federal agencies. [9J-5.006(3)(c)4 and 6]
Section 7. Delete existing- Policy 102.4.6 and create new Policy 102.4.6 that reads as
follows:
Policy 102.4.6
The Monroe County Land Acquisition Master Plan shall contain policies to direct
the overall acquisition program, criteria to follow when setting priorities for
acquisition and a framework for the acquisition process and the sharing of
responsibilities. At a minimum the plan shall include the following:
1. Environmental protection, density reduction and passive recreation:
a) public acquisition, ownership and maintenance will be the preferred
option for Tier I lands and for clusters of undisturbed wetland and
tropical hardwood hammock, or pineland patches of one acre or
greater in size in Tier II (Big Pine and No Name Key) and Tier III;
b) buy/sell back to the adjacent property owners option will be followed
in Tier II, where sprawl and density reduction and mitigation
requirements of the Habitat Conservation Plan for Big Pine Key and
No Name Key are the prime impetus for land purchase. A higher
priority for acquisition will be given to those parcels in Tier II (Big
Pine and No Name Key) with neighboring properties owners or
communities who want to partner with the county to purchase the lots
and take responsibility for maintenance and protection of any areas of
native vegetation;
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c) purchased lands that can also provide needed recreational
opportunities will be identified in coordination with the Parks and
Recreation Board and a plan for utilization developed;
d) non-purchase options will also be explored and specific
recommendations included;
e) criteria for the ranking of land acquisitions within the different priority
areas will include 1) the size and the location of the property and
surrounding land uses including management status, 2) minimization
of the edge to area ratio of parcels by combining lots for acquisition, 3)
potential for successful reclamation if within a larger, better hammock
quality area, and 4)maintenance costs for isolated parcels.
2. Affordable and employee housing:
a) parcels in Tier III suitable for the development or redevelopment of six
or more residential units will be identified and prioritized for
acquisition;
a) priority for acquisition will be given to projects that are ready to
proceed with ROGO allocations available;
b) public/private/non-profit partnerships and/or agreements will be
utilized to develop the site and maintain the affordability of residential
units in perpetuity.
Section 8. Create new Policy 102.4.7 that reads as follows:
Policy 102.4.7
Lands acquired through the Monroe County Land Acquisition Program shall be
managed to restore, preserve, and protect the conservation, recreation, density
reduction and affordability purposes for which the lands were acquired. (See
Recreation and Open Space Objective 1201.11 and related policies.) [9J-
5.006(3)(c)4 and 6]
Section 9. Amend Policy 102.7.3 to read as follows:
Policy 102.7.3
Monroe County shall discourage developments proposed on offshore islands by
methods including,but not limited to, designating off shore islands as Tier I lands.
[9J-5.006(3)(c)6]
Section 10. Amend Policy 102.8.1 to read as follows:
Policy 102.8.1
Monroe County shall discourage developments which are proposed in units of
Coastal Barrier Resources System(CBRS). [9J-5.006(3)(c)6]
Section 11. Amend Policy 102.8.5 to read as follows:
Policy 102.8.5
Monroe County shall continue its_efforts to discourage the extension of facilities
and services provided by the Florida Keys Aqueduct Authority and private
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providers of electricity and telephone service to CBRS units. These efforts shall
include providing each of the utility providers with:
1. a map of the areas of Monroe County which are included in CBRS units;
2. a copy of the Executive Summary in Report to Congress: Coastal Barrier
Resources System published by the U.S. Department of the Interior,
Coastal Barriers Study Group, which specifies restrictions to federally
subsidized development in CBRS units; and
3. Monroe County policies regarding local efforts to discourage both private
and public investment in CBRS units. [9J-5.006(3)(c)6]
Section 12. Amend Objective 102.9 and Policies 102.9.1, 102.9.2, 102.9.3, and 102.9.4 to
read as follows:
Objective 102.9
In cooperation with other responsible state and federal agencies, Monroe County shall
complete and implement a cooperative land management program for publicly owned
lands acquired through implementation of the Monroe County Land Acquisition Master
Plan(Objective 102.2), Goal 105 and the Florida Keys Carrying Capacity Study.
Policy 102.9.1
Monroe County shall discourage developments which are proposed in Tier I
through the permit allocation system and the environmental regulations. [9J-
5.006(3)(c)6]
Policy 102.9.2
Monroe County, in cooperation with appropriate state and/or federal agencies,
shall initiate a planning process to develop policies to direct the over-all
management program for publicly owned native lands. Changes in policies and
specific management strategies may be modified as the program progresses,
acquisitions continue and new information becomes available through biological
research or monitoring of the management units. [9J-5.006(3)(c)3]
Policy 102.9.3
In cooperation with other responsible state and federal agencies, Monroe County
shall develop organization and management plans to initiate a program for
protection, restoration and management of acquired lands. Management
objectives for specific management units will be developed in concert with state,
federal and municipal land management programs responsible for adjoining lands.
Policy 102.9.4
Management plans shall be reviewed every three years, in cooperation with the
appropriate state and/or federal agencies. Revisions to each management plan
shall be made as necessary to reflect recent land acquisitions and changing
management priorities. [9J-5.006(3)(c)6]
Section 13. Delete Policies 102.9.5 and 102.9.6.
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Section 14. Amend Policy103.2.1 to read as follows:
Policy 103.2.1
Monroe County shall implement methods including, but not limited to,
designating known habitat of the Schaus's swallowtail butterfly as Tier I. [9J-
5.012(3)(c)1; 9J-5.013(2)(c)5 and 6]
Section 15. Delete Policy 103.2.2.
Section 16 Amend Policy 105.2.1 to read as follows:
Policy 105.2.1
Monroe County shall designate all lands outside of mainland Monroe County,,
except for the Ocean Reef planned development, into three general categories for
purposes of its Land Acquisition Program and smart growth initiatives in
accordance with the criteria in Policy 205.1.1. These three categories are: Natural
Area (Tier 1); Transition and Sprawl Reduction Area (Tier II) on Big Pine Key
and No .Name Key only; and Infill Area (Tier III). The purposes, general
characteristics, and growth management approaches associated with each tier are
as follows:
1. Natural Area (Tier I): Any defined geographic area where all or a
significant portion of the land area is characterized as environmentally
sensitive by the policies of this Plan and applicable habitat conservation
plan, is to be designated as a Natural Area. New development on vacant
land is to be severely restricted and privately owned vacant lands are to be
acquired or development rights retired for resource conservation and
passive recreation purposes. However, this does not preclude provisions
of infrastructure for existing development. Within the Natural Area
designation are typically found lands within the acquisition boundaries of
federal and state resource conservation and park areas, including isolated
platted subdivisions; and privately-owned vacant lands with sensitive
environmental features outside these acquisition areas.
2. Transition and Sprawl Reduction Area (Tier II): Any defined geographic
area on Big Pine Key and No Name Key, where scattered groups and
fragments of environmentally sensitive lands, as defined by this Plan, may
be found and where existing platted subdivisions are not predominately
developed, not served by complete infrastructure facilities, or not within
close proximity to established commercial areas, is to be designated as a
Transition and Sprawl Reduction Area. New development is to be
discouraged and privately owned vacant lands acquired or development
rights retired to reduce sprawl, ensure that the Keys carrying capacity is
not exceeded, and prevent further encroachment on sensitive natural
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resources Within a Transition and Sprawl Reduction Area are typically
found: scattered small non-residential development and platted
subdivisions with less than 50 percent of the lots developed; incomplete
infrastructure in terms of paved roads, potable water, or electricity; and
scattered clusters of environmentally sensitive lands, some of which are
within or in close proximity to existing platted subdivisions.
3. Infill Area (Tier III): Any defined geographic area, where a significant
portion of land area is not characterized as environmentally sensitive as
defined by this Plan, except for dispersed and isolated fragments of
environmentally sensitive lands of less than four acres in area, where
existing platted subdivisions are substantially developed, served by
complete infrastructure facilities, and within close proximity to established
commercial areas, or where a concentration of non-residential uses exists,
is to be designated as an Infill Area. New development and
redevelopment are to be highly encouraged, except within tropical
hardwood hammock or pineland patches of an acre or more in area, where
development is to be discouraged. Within an Infill Area are typically
found: platted subdivisions with 50 percent or more developed lots
situated in areas with few sensitive environmental features; full range of
available public infrastructure in terms of paved roads, potable water, and
electricity; and concentrations of commercial and other non-residential
uses within close proximity. In some Infill Areas, a mix of non-residential
and high-density residential uses (generally 8 units or more per acre) may
also be found that form a Community Center.
Section 17. Amend Policy 105.2.3 to read as follows:
Policy 105.2.3
The priority for acquisition of lands and development rights under the County's
Land Acquisition Program shall be as follows: Tier I (Natural Area)-first priority;
Tier II (Transition and Sprawl Reduction Area) and patches of tropical hardwood
hammock or pinelands of one acre or greater in area within Tier III-second
priority; and Tier III (Infill Area)- third priority, except acquisition of land for
affordable housing shall also be a first priority. These acquisition priorities shall
be applied consistent with the Policy 105.2.10 that directs the focus of the
County's acquisition efforts to the acquisition or retirement of development rights
of privately owned vacant platted subdivision lots within Tiers I and II. Federal,
State and local funding will be used for purchasing privately owned vacant lands
for Tier II.
Section 18. Amend Policy 105.2.6 to read as follows:
Policy 105.2.6
Monroe County shall implement a land acquisition program to acquire most
privately owned vacant private lands within areas designated as a Transition and
Sprawl Reduction Area (Tier II) on Big Pine Key and No Name Key and patches
of tropical hardwood hammock or pinelands of one acre or greater in area
identified as a Special Protection Area within a designated Infill Area(Tier III).
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Section 19. Amend Policy iu5.2.7 to read as follows:
Policy 105.2.7
Monroe County shall implement an acquisition program to acquire privately
owned vacant lands disturbed or scarified properties for affordable housing within
areas designated as an Infill Area(Tier III).
Section 20. Amend Policy 105.2.10 to read as follows:
Policy 105.2.10
In terms of effort, Monroe County shall primarily focus its Land Acquisition
Program on the acquisition or retirement of development rights of vacant
privately-owned, buildable, platted lots within Tier I and Tier II and the
acquisition of scarified and disturbed lands for affordable housing within Tier III.
This policy recognizes the critical need for the County to aggressively address the
imbalance between development expectations of private property owners and the
finite carrying capacity of the natural and man-made systems in the Florida Keys.
Section 21. Amend Policy 105.2.12 to read as follows:
Policy 105.2.12
With respect to the relief granted pursuant to Policy 106.1 (Administrative Relief)
or Policy 101.18.5 (Beneficial Use), a purchase offer shall be the preferred form
of relief for any land within Tier I and Tier II, or any land within Tier III in
accordance with the criteria in Policy 101.6.5.
Section 22. Amend Policy 204.2.1 to read as follows:
Policy 204.2.1
To protect submerged lands and wetlands the open space ratio shall be 100
percent of the following types of wetlands:
1. submerged lands;
2. mangroves;
3. salt ponds;
4. freshwater wetlands;
5. freshwater ponds; and
6. undisturbed saltmarsh and buttonwood wetlands.
Allocated density (dwelling units per acre) shall be assigned to freshwater
wetlands and undisturbed salt marsh and buttonwood wetlands only for use as
transferable development rights away from these habitats. Submerged lands, salt
ponds, freshwater ponds and mangroves shall not be assigned any density or
intensity. (9J-5.012(3)(c)1 and 2; 9J-5.013(2)(c)6)
Section 23. Amend Objective 205.1 and Policies 205.1.1, 205.1.2, 205.1.3, 205.1.4, 205.1.5,
and 205.1.6 to read as follows:
Objective 205.1
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Monroe County shall utilize the computerized geographical information system (GIS)
and the data, analysis and mapping generated in the Florida Keys Carrying Capacity
Study (FKCCS), FMRI, habitat maps and field evaluation to identify and map areas of
upland vegetation in the Florida Keys and to prepare Tier Overlay District Maps as
required in Policy 105.2.2. [9J-5.012(3)(b)1; 9J-5.013(2)(b)3]
Policy 205.1.1
The County shall establish the following criteria at a minimum to use when
designating Tiers: [9J-5.013(2)(c)9]
1. Land located outside of Big Pine Key and No Name Key shall be
designated as Tier I based on following criteria:
• Natural areas including old and new growth upland native
vegetated areas, above 4 acres in area.
• Vacant land which can be restored to connect upland native habitat
patches and reduce further fragmentation of upland native habitat.
• Lands required to provide an undeveloped buffer, up to 500 feet in
depth, if indicated by appropriate special species studies, between
natural areas and development to reduce secondary impacts; canals
or roadways, depending on size may form a boundary that removes
the need for the buffer or reduces its depth.
• Lands designated for acquisition by public agencies for
conservation and natural resource protection.
• Known locations of threatened and endangered species.
• Lands designated as Conservation and Residential Conservation on
the Future Land Use Map or within a buffer/restoration area as
appropriate.
• Areas with minimal existing development and infrastructure.
2. Lands on Big Pine Key and No Name Key designated as Tier I, II, or
III shall be in accordance with the wildlife habitat quality criteria as
defined in the Habitat Conservation Plan for those islands.
3. Lands located outside of Big Pine Key and No Name Key that are not
designated Tier I shall be designated Tier III.
4. Designated Tier III lands located outside of Big Pine Key and No
Name Key with tropical hardwood hammock or pinelands of one acre
or greater in area shall be designated as Special Protection Areas.
5. Lands within the Ocean Reef planned development shall be excluded
from any Tier designation.
Policy 205.1.2
The County shall ground-truth the upland habitats identified in the ADID habitat
maps, aerial photography, satellite imagery and the FKCCS, including mapping
and preliminary habitat evaluations. Priority shall be given to natural upland
communities of four acres or greater. [9J-5.013(2)(c)9]
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Policy 205.1.3k„
The County shall enter ground-truthed upland native vegetated area location and
evaluation data into the Geographic Information System (GIS) and use the GIS to
analyze the data and prepare the Tier Overlay District Maps for adoption as
required in Policy 105.2.2. [9J-5.013(2)(c)9]
Policy 205.1.4
The GIS will be used to evaluate the lands designated in the different Tiers,
identifying vacant lands, platting and ownership status, zoning, and appraised
values for acquisition planning. [9J-5.013(2)(c)9]
Policy 205.1.5
Land management activities, land acquired and permit data shall be incorporated
into the GIS annually. [9J-5.013(2)(c)9]
Policy 205.1.6
The County shall coordinate its upland native vegetation mapping and evaluation
efforts with those of federal and state agencies and private researchers so as to
avoid duplication of effort. These agencies shall include, at a minimum, the
Environmental Protection Agency (EPA), Army Corps of Engineers (ACOE),
Florida Department of Environmental Protection (FDEP), Florida Department of
Community Affairs (FDCA), South Florida Water Management District
(SFWMD), Florida Fish and Wildlife Conservation(FWC), and nongovernmental
environmental groups. [9J-5.013(2)(c)9]
Section 24. Amend Objective 205.2 and Policies 205.2.1, 205.2.2, 205.2.6, 205.2.7, 205.2.12,
and 205.2.14 to read as follows:
Objective 205.2
To implement Goal 105 of this Plan and the recommendations in the Florida Keys
Carrying Capacity Study (FKCCS), Monroe County shall adopt revisions to the Land
Development Regulations which further protect and provide for restoration of the habitat
values of upland native vegetated communities, including hardwood hammocks and
pinelands. [9J-5.012(3)(b)1; 9J-5.013(2)(b)3]
Policy 205.2.1
Monroe County shall designate the boundaries of the overlay tier system based on
the criteria in Policy 205.1.1.
Policy 205.2.2
Monroe County shall discourage developments in Tier I and within tropical
hardwood hammock or pinelands of one acre or more in area to protect areas of
native upland vegetation. (See Policy 101.5.4). [9J-5.012(3)(c)1, 2 and 3; 9J-
5.014(2)(c)6]
Policy 205.2.6
The permitted clearing of native upland vegetation communities shall be defined
by habitat and the location of the property in the tier overlay district maps.
Clearing of upland native vegetation communities in the Tiers I, II, and III shall
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7�
be limited for the portion of the property containing upland native vegetation in
accordance with Policy 101.4.22.
Policy 205.2.7
Clearing of native vegetation shall be limited to the percentage and maximum
allowed in Policy 101.4.22. For applications that receive points for lot aggregation
under the Permit Allocation System for residential development, clearing of
upland native vegetation shall be limited to a maximum of 5,000 square feet. The
immediate development area shall include the area of approved clearing shown on
the approved site plan. The immediate development area shall be fenced
throughout the duration of construction. During construction, there shall be no
disturbances of the ground surface and vegetation within areas of native upland
vegetation not approved for clearing. [9J-5.013(2)(c)3]
Policy 205.2.12
Monroe County shall use the legal conditions of land existing as of February 28,
1986 and as depicted on the "December 1985 Habitat Classification Aerial
Photographs," hereby incorporated by reference as a base line for the type and
extent of habitat on a parcel. The 1985 maps shall be supplemented by recent
aerial photography and existing site analysis to determine any increases in the
amount of upland native vegetated areas.
Policy 205.2.14
Monroe County shall require, in the Land Development Regulations an Existing
Conditions Report including a vegetation survey for any development that may
disturb native upland vegetation. At a minimum the report shall include an
analysis of the potential impacts of the proposed development on native upland
habitats, a description of the measures designed to reduce identified adverse
impacts including clustering.
Section 25. Amend Objective 205.5 and Policies 205.5.1 and 205.5.2, to read as follows:
Objective 205.5
Monroe County, together with private, state, and federal agencies, shall establish a
program for acquiring native upland habitat to implement Goal 105 and the
recommendations in the FKCCS. (See Future Land Use Objective 102.4 and related
policies). [9J-5.012(3)(b)4; 9J-5.013(2)(c)6]
Policy 205.5.1
The Monroe County Division of Growth Management shall work cooperatively
with the Monroe County Land Authority and other responsible state and federal
agencies in developing and administering the acquisition program. Acquisition
shall be undertaken to implement_the Monroe County Land Acquisition Master
Plan(Objective 102.4). [9J-5.012(3)(c)2; 9J-5.013(2)(c)6]
Policy 205.5.2
A list of priority native upland habitat acquisition sites in Tier I shall be drafted
and reviewed annually with public input taken. This list shall be developed by
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. 1 , �`
�I
Monroe County in consultation with representatives of FDEP, FDCA, USFWS,
SFWMD, FWC and others as appropriate.
•
Section 26. Delete Policy 207.1.2, and renumber Policies 207.1.3, 207.1.3, 207.1.4, and
207.1.5 to 207.1.2, 207.1.3, and 207.1.4 respectively.
Section 27. Delete Policy 207.10.5. and renumber Policy 207.10.6, 207.10.7, and 207.10.8 to
207.10.5, and 207.10.6, and 207.10.7 respectively.
Section 28. Delete Policy 207.12.6 and renumber Policies 207.12.7, 207.12.8 to 207.12.6 and
207.12.7 respectively.
Section 29. Delete Objective 1201.13.
Section 30. If any section, subsection, sentence, clause or provision of this ordinance is held
invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 31. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the
repealing clause of such ordinance or revive any ordinance which has been repealed thereby.
Section 32. This ordinance shall be filed in the Office of the Secretary of State of Florida but
shall not become effective until a notice is issued by the Department of Community Affairs or
Administration Commission approving the ordinance.
Section 33. This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs in accordance with the
requirements of 9J-11.011, Florida Administrative Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 22nd day of September , A.D. , 2005.
•
Mayor Dixie Spehar Yes
CO. 4i Mayor Pro Tem Charles "Sonny"McCoy Yes
C �' w Commissioner George Neugent Yes
a' Commissioner David Rice Yes
C ,A Commissioner Murray E. Nelson Yes
C r- _i
mot,, BOARD OF COUNTY COMMISSIONERS OF
t-- -}o
. o `cam MONROE COUNTY, FLORIDA
-I sa Q a
rj ca Ca ,
r'_
7 4.. "C)2. atuhr4)
:� .:U,r.<p>� BY:
r�,r,`,--c is -J Mayor/Chairperson
igt7c,7:
(SEA\ ' �� �i MONROE COUNTY ATTOR EY-
i\-L',) ,
E - '_ APP OVED AS /9R ,*T"I' .. KQHLAGE, CLE a 4S1/1L� '6?
.^BY :=� �;. a�ti�
Date:
`' Ny,,.`u``C`lerk 7
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
October 17, 2005
Mrs. Liz Cloud, Program Administrator
Administrative Code and Weekly
R.A. Gray Building
500 South Bronough Street
Tallahassee, FL 32399-0250
Via Certified Mail 7002 2030 0001 26689495
Dear Mrs. Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 021-2005 approving the request by the Lujan Limited Partnership to
amend the Future Land Use District Map (FLUM) from Mixed Use/Commercial (MC) to
Residential Low (RL) for the parcel known as the "Triangle Parcel", and from Mixed
Use/Commercial (MC) to Residential Medium (RM) for lots 6,7, and 8 of the Key Haven's Ninth
Addition; further described as Sections 25, Township 67 South, and Range 25 East, Raccoon
Key, Monroe County, Florida; Providing for Severability; Providing for an effective date;
Providing for repeal of conflicts; and Providing for transmittal to the Department of Community
Affairs,
Ordinance No. 022-2005 approving the request by the Lujan Limited Partnership to
amend the Land Use District (Zoning) Map from Suburban Commercial (SC) to Suburban
Residential (SR) for the parcel known as the "Triangle Parcel", and from Mixed Use/Commercial
(MC) to Improved Subdivision (IS) for lots 6, 7, and 8 of the Key Haven's Ninth Addition; further
described as Sections 25, Township 67 South, and Range 25 East, Raccoon Key, Monroe
County, Florida; Providing for Severability; Providing for an effective date; Providing for repeal
of conflicts; and Providing for transmittal to the Department of Community Affairs.
Ordinance No. 024-2005 approving amendments to the Monroe County 2010
Comprehensive Plan to delete requirements for a Habitat Evaluation Index (HEI), revise the Open
Space, Land Acquisition, Management and GIS mapping requirement and implement Goal 105 of
J' the 2010 Comprehensive Plan and the Tier System by deleting Policies 101.4.20,102.4.6,
102.9,5, 102,9,6, 103.2.2,207.1.2,207.10.5,207,12,6 and Objective 1201,13; Revising Policies
101.4.22,101.14,1,102.1.1,102.4,1,102.4.2,102.4,3, 102.4.4, 102.4.5, 102.7,3, 102.8.1,
102.8,5, 102.9.1, 102,9.2, 102,9.3, 102.9.4, 103.2,1, 105.2.1, 105,2,3, 105,2,6, 105.2,7,
105.2,10,204.2.1,205.1.1,205.1.2,205.1.3,205.1.4, 205.1.5, 205.1.6, 205.2.1, 205.2.2,
205,2.6,205.2.7,205.2.12,205,2.14,205,5.1, 205.5.2; Revising Objectives 102.4, 102.9,205.1,
205,2 and 205.5; Creating new policies 6, 102.4.6, and 102.4,7; Providing for repeal of
Ordinances inconsistent herewith; Directing the Planning and Environmental Resources
Department to transmit a copy of this Ordinance to the Florida Department of Community
Affairs; and Providing for an effective date.
Ordinance No. 025-2005 approving amendments to the Monroe County Year 2010
Comprehensive Plan to change the Rate of Growth Ordinance (ROGO) and the Non-Residential
Rate of Growth Ordinance (NROGO) to utilize the Tier Overlay as the basis for the Competitive
Point System; To implement Goal 105 of the 2010 Comprehensive Plan by deleting Policies
101.5.7, 101.5.8, 101.6.5, 101.6.6, 101.13.3, 101.13,5, 101.13.7, and 101.13.8; Revising
Objective 101.5, and Policies 101.2.3, 101.2.4, 101.3.1,010,3.3, 101.3.4, 101.3,5, 101.5,1,
101.5.2, 101.5.3, 101.5.4, 101.5.5, 101.5.6, 101.5.9, 101.5.10, 101.6.1, 101.12.4, 101.13.4,
101.13,6, 101.13.9, and 102,3.1; Creating new policies 101.5,9 and 101.6.5; Providing for repeal
of all Ordinances inconsistent herewith; Directing the Planning and Environmental Resources
Department to transmit a copy of this Ordinance to the Florida Department of Community
Affairs; and Providing for an effective date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Special Meeting in formal session on September 22, 2005. Please file for record, Should you
have any questions, feel free to contact my office at (305) 295-3130.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By:J2~C. ~~~
Isabel C. DeSantis, Deputy Clerk
cc: County Administrator
Growth Management Director
County Attorney
BOCC
File
U.S. Postal ServiceT"
CERTIFIED MAIL" RECEIPT
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PS Form 3800, June 2002 See Reverse for InstructIons
SENDER: CQNleu=!c ;/1._ _c 'I '.
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery Is desired.
. Print your name and address on the reverse
so .that we can return the card to you.
. Attach this card to the back of the mailplece,
or on the front if space permits.
1. Article Addressed to:
A Signature
B. Received by ( Printed Name)
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C. Date of Delivery
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OCT 1 9 2005
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102595-Q2-M-1540
FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
October 24, 2005
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of
your letter dated October 17, 2005 and certified copies of Monroe County Ordinance
Nos. 021-2005, 022-2005, 024-2005, 025-2005 and 026-2005, which were filed in this office on
October 19, 2005.
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DSTATE LIBRARY OF FLORIDA
R.A, Gray Building. Tallahassee, Florida 32399-0250 . (850) 245-6600
FAX: (850) 488-2746. TDD: (850) 922-4085 . http://www.dos.state.fl.us
DLEGISLATIVE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES DFLORIDA STATE ARCHIVES
(850) 488-2812. FAX: (850) 488-9879 (850) 487-2180. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894
o ADMINISTRATIVE CODE AND WEEKLY
(850) 245-6270. FAX: (850) 245-6282