Item T1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 19, 2005
Division: (irowth Management
Bulk Item: Yes
No~
Department: Planning
Staff Contact: K. Marlene Conawav
AGENDA ITEM WORDING:
Public hearing to consider adopting an Ordinance to amend the Monroe County Land Use District Map to
include a Tier Overlay Map District designation on all land in Big Pine Key and No Name Key and designating
boundaries tor Tier I, Tier II and Tier III as required in the Master Plan for Big Pine Key and No Name Key
pursuant to the criteria in section 9.5-256 Monroe County Code.
[2nd of 2 required public hearings)
ITEM BACKGROUND: ITEM BACKGROUND: The first public hearing on this amendment was as part of
the Goal 105 implementation amendment hearings before the HOCC since December 2004, It is being brought
forward individually because the Habitat Conservation Plan (HCP) and the Incidental Take Permit for Big Pine
Key and No Name Key is nearing approval by the USFWS and permitting cannot begin on the islands until the
Tiers are adopted, The Tier maps ior the remainder of the County are still under review and will not be
recommended for the second public hearing until December. In March 2003 the BOCC approved the submittal
of the HCP, which includes the Tier Maps, in Resolution # I ]9-2003. On August 18,2004 the HaeC adopted
Ordinance # 29-2004 the Master Plan for Big Pine Key and No Name Key including Strategy].] requiring the
creation of Tier maps and Action Item 2.].2 directing adoption of the Tier maps as an overlay on the Land Use
District Maps. Staff is recommending a change to the map for the canal side of West Cahill Court to Tier Ill,
which is the designation on the Tier map in the HCP.
PREVIOUS RELEVANT BOCC ACTION:
Ordinance # 29-2004 adopted the Master Plan for Big Pine Key and No Name Key, In March 2003 the BOCC
approved the submittal of the Hep in Resolution # 119-2003. Ordinance No. 018-2004 adopted June 16, 2004
directed staff to prepare text and map amendments to implement Goal 105. GoallOS was adopted in Ordinance
No. 20- 2002.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOT AL COST:
N/A
BUDGETED: Yes.. NI A
No
COST TO COUNTY: N/A
SOURCE OF FUNOS:
N/A
REVENUE PRODUCING: Yes J~/iL~. No
AMOUNT PER MONTI{ N! A Year
APPROVED BY: County Atty _L OMB!Purchasing ~.~~_~Risk MaYf~ent _
0' '//
(~
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DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included
Not Required_
DISPOSITION:
AGENDA ITEM #
ORDINANCE NO. -2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AN AMENDMENT TO THE MONROE
COUNTY LAND USE DISTRICT MAP TO INCLVDE A TIER OVERLAY
MAP DISTRICT DESIGNATION ON ALL LAND IN BIG PINE KEY AND
NO NAME KEY AND DESIGNATING BOUNDAIUES FOR TIER I, TIER
II AND TIER III AS REQUIRED IN THE MASTER PLAN FOR BIG PINE
KEY AND NO NAME KEY AND GOAL 105 OF THE 2010
COMPREHENSIVE PLAN PURSUANT TO THE CRITERIA IN
SECTION 9.5-256; PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; DIRECTING THE PLANNING AND
ENVIRONMENT AL RESOURCES DEPARTMENT TO TRANSMIT A
COPY OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; AND PROVIDING FOR AN EFFECTIVE
DATE.
\VHEREAS, the Monroe County Board of County Commissioners, during public
hearings held in December 2004, January, Febmary, March, April, May and June 2005 reviewed
and considered the proposed amendment to provide for a Tier Overlay District Map designation
on the Monroe County Land Use District Map for Big Pine Key and No Name Key to implement
the Master Plan for Big Pine Key and No Name Key and Goal 105 of the 2010 Comprehensive
Plan, Rule 28-20.100 F.A.C. and the Tier Overlay system; and
WHEREAS, the Monroe County Board of County Commissioners, during public
hearings held on August 18, 2004 adopted the Master Plan for Big Pine Key and No Name Key
and Goal 1 directs the creation of Tier maps and Goal 2 directs the County to adopt these Tier
Maps as an overlay to the land use district maps; and
WHEREAS, the Master Plan for Big Pine Key and No Name Key was created in
conjunction with the Habitat Conservation Plan (HCP), a mechanism required by the US Fish
and Wildlife Services (USFWS) whereby the concerns and responsibilities pf the various public
agencies with regard to the Key Deer and other covered species and public and private
development on the islands can be coordinated, and;
WHEREAS, the Hep utilizes the Tier mapping system and designates all undeveloped
lands in Pine Key and No Name Key into one of three tierSj to direct future development and
preservation initiatives to appropriate areas; and
WHEREAS, the Tier Map designation for Pine Key and No Name Key was developed
following the HCP, the Master Plan and 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
Goal 105 Tier map amend.Ord. corrected
Page I of4
WHEREAS, Goal 105 provides a framework for future development and land
acquisition for the next 20 years that considers the carrying capacity of the Florida Keys, reduces
sprawl and promotes sustainability; and
WHEREAS, the Monroe County Board of County Commissioners directed staff to
prepare text and map amendments in Ordinance No. 018-2004 adopted June 16, 2004, to include:
Tier Overlay District Map designations in accordance with Goal 105; and
WHEREAS, the tier boundaries for the Big Pine Key and No Name Key Tier Overlay
District Map were drawn using environmental and development information and digital data
from the HCP, the Planning Department and the Property Appraisers Office; and
WHEREAS, Tier I lands are those lands where all Of a significant portion of the land
area is characterized as environmentally sensitive and important for the continued viability of the
covered species; and
WHEREAS, Tier II lands are scattered lots and fragments of environmentally sensitive
lands primarily located on canals and at a distance from US #1; and
WHEREAS, Tier III is appropriate for additional infill development because of the
location in conjunction to US #1 and amount of existing development in the areas designated;
and
\VHEREAS, newly created Section 9.5-256, Tier Overlay District, Monroe County
Code, provides criteria for the designation of Tier Boundaries and provides a mechanism for Tier
overlay maps amendments; and
WHEREAS, the Tier Overlay District Map for Big Pine Key and No Name Key, when
adopted, will become an overlay to the Land Use District Map; and
WHEREAS, the proposed Tier Overlay District Map was reviewed by Dr. Ricardo
Calvo, who also was the project manager preparing the HCP; and
WHEREAS, the Tier Overlay District Map is the basis of an elegant system for
protecting the valuable habitat of the Keys and preventing sprawl, which is referred to as the
"Tier System"; and
WHEREAS, ROGO and NROGO have been completely redrafted utilizing the Tier
System; and
WHEREAS, the County Land Acquisition and Management Master Plan will be based
on the Tier System; and
Goal 105 Tier map amend.Orc!' corrected
Page 2 of4
\VHEREAS, the Planning Commission, at1er hearing public comments and staff input at
four public hearings, recommended approval of the Big Pine Key and No Name Key Tier
Overlay District Map as an overlay to the Land Use District Map to the Board of County
Commissioners on November 3,2004; and
WHEREAS, the Planning and Environmental Resources Department has made changes
to the proposed draft map based on reevaluation of specific areas based on requests by
community members and land owners; and
\VHEREAS, the Board of County Commissioners has reviewed the proposed
designation of the Big Pine Key and No Name Key Tier Overlay District Map as an amendment
to the Land Use District Map, as recommended by the Plamling Commission and the Planning
and Environmental Resources Department and finds they are consistent with the designation
criteria pursuant to Section 9.5-256, Master Plan for Big Hine Key and No Name Key, the
Habitat Conservation Plan for Big Pine Key and No Name Key, the Monroe County Code, and
are consistent with and further the goals, objectives, <tnd policies of the Year 2010
Comprehensive Plan, particularly Goal 105 and its associated objectives and policies;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Pursuant to Goal 105, Year 2010 Comprehensive Plan, the Master Plan and the
Habitat Conservation Plan for Big Pine Key and No Namel\ey, and the designation criteria of
Section 9.5-256, Monroe County Code, Tier I, II, and III areas are designated, the boundaries of
which are described in the Tier Overlay District Map, attacheq hereto as Exhibit I, and made part
of this ordinance.
Section 2. 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 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict
Section 4. This ordinance shall be filed in the Office of the Secretary of State of Florida but
shaH not become effective until a notice is issued by the Department of Community Affairs or
Administration Commission approving the ordinance.
Section 5. This ordinance shall be transmitted by the Planlling and Environmental Resources
Department to the Florida Department of Community Affairs to determine the consistency of this
ordinance with the Florida Statutes.
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK]
Goal 105 Tier map amend.Ord. corrected
Page 3 of 4
PASSED AND ADOPTED by the Board of County Commis~ioners of Monroe County, Florida,
at a regular meeting of said Board held on the _ day of , A.D. ,2005.
Mayor Dixie Spehar
Mayor Pro Tern Charles ~'Sonny" McCoy
Commissioner George N~ugent
Commissioner David Rice
CommisslonerMurray E, Nelson
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY:
Mayor/Chairperson
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
Dale:
Deputy Clerk
Goal 105 Tier map amend.Ord. corrected
Page4of4
EXHIBIT ONE
o
Tier Overlay District
Big Pine and No Name Key
Tier Designation
.. Tier 1- Natural Area
"lierll
"lierlll-ln~1I
_ Military Land
0.5
Miles
MONROE COUNTY
PUI\'r.;IN(; AND E'JVTRONMENTAL RESOURCES DEPARTMENT
THIS MAl' IS ~O[{ MmmOt COUNTY GROWTH MA:'AGEMENT DIVISION
PURPO,ESONlY.THIDATACOJ..-TAIXIDHEREI"IISllLUSTRATlVEANDMAY
"OT ACCURUFLY DEPICT Hon"-DARIES, PARCHS, ROADS, RIGHT OF WAYS,
ORIL>ENTIJ-lCATlONIt"WR~lAIIOt-J,
Created By: KR September 30,2005
Tier Designation
_ lier 1- Natural Area
"lierll
"lierlll-ln~1I
.. Military Land
>>
MONROE COUNTY
PlANNIl\G AND ENVIRONMENTAl RESOURCES DEPARTMENT
o
THIS MAl' IS FOR MONROl COUNTY GROWTH MANAGBIDH DIVISION
pr;RPOSE, ONLY. THE DAU, COJ\TAI:-IED HEREIN IS ILWSTRATIVr: AND MAY
"OT ACCURATFIYDFPICTBDt!"'r}~RIFs,PARCFls,RDAn~RIGHTOFWAYS,
Ol\fl.l1:-11UICAnONIN~ORMI'iJIO:-l,
0.5
Created By: KR 5 eptEmber 30, 2005
Miles
Tier Overlay District
Big Pine and No Name Key
Tier Designation
.. Tier 1- Natural Area
"lierll
"lierlll-ln~1I
.. Military Land
MONROE COUNTY
0.25
PlANNrl\G AND ENVIRONMENTAl RESOURCES DEPARTMENT
o
0.5
I
THIS MAl' IS FOR MONROl COUNTY GROWTH MANAGBIDH DIVISION
Pt:RPOSE, ONLY. THE DAU, COJ\TAI:-IED HEREIN 1'; ILWSTRATIVr: AND MAY
"OT ACCURATF1YDFPICTBot!Nr}~JlJFs,PARCFls,ROAn~R[GHTOFWAY5,
Ol\11.l1:-!lUICAnONIN~ORMAJlO:-!,
Created By: KR 5 eptEmber 30, 2005
Miles
Monroe
aIle Envimmnental Resources
Marathon Florida 33050
2798 Overseas
to
Monroe
and Environmental Resources
l'v1arai:hon Florida 33050
2798 Overseas
a
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