B. Growth Management
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17.2006 Division: Growth Management
Bulk Item: Yes _No ---X-..
Department: Plannimz
Staff Contact Person: Jose Papa
AGENDA ITEM WORDING:
Public hearing to consider adopting an Ordinance amending the Monroe County Land Use District
Map to include a Tier Overlay Map District designation on all land in unincorporated Monroe County
in the Florida Keys between Key West and Ocean Reef designating boundaries for Tier I, Tier II, Tier
III, and Tier III-A (Special Protection Areas) as required in Goal 105 of the 2010 Comprehensive Plan
pursuant to the criteria in proposed Section 9.5-256, Monroe County Code.
ITEM BACKGROUND: On January 21, 2004 and in Ordinance # 018-2004 the BOCC directed staff
to prepare draft text and map amendments and other supporting studies in order to effectuate the
provisions of Goal 105 of the 2010 Comprehensive Plan and Rule 28-20.]00 F.A.C. Several
stakeholder forums and two community workshops were held and the Planning Commission reviewed
the stafT draft at four public hearings, amended the draft and recommend approval. The proposed Tier
Overlay District Map has been revised to reflect the Commission's direction to incorporate Tier II
designated areas into Tier III on all properties outside of Big Pine Key and No Name Key. Other
changes reflect the designation of the Tier III A (Special Protection Areas).
PREVIOUS RELEVANT BOCC ACTION:
Ordinance No. 018-2004 adopted June 16, 2004 directed staff to prepare text and map amendments to
implement Goal 105. Goal 105 was adopted in Ordinance No. 20- 2002.
CONTRACT/AGREEMENT CHANGES: None.
ST AFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes NI A
No
COST TO COUNTY: N/ A
SOURCE OF FUNDS: N/ A
REVENUE PRODUCING: Yes N/A No _ AMOUNT PER MONTH N/A Year
APPROVED BY: County Atty ---X-.. OMB/Purchasing _Risk Management_
DOCUMENTATION:
Included X
cY? M~~ )
Ronda Norman
Not Required_
AGENDA ITEM # l~
DIVISION DIRECTOR APPROVAL:
DISPOSITION:
ORDINANCE NO. -2006
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AN AMENDMENT TO mE MONROE
COUNTY LAND USE DISTRICT MAP TO INCLUDE A TIER OVERLAY
~TRlCT MAP DESIGNATION ON ALL '---- LAND - IN
UNINCORPORATED WNROE COUNTY IN THE FLORIDA KEYS
BETWEEN KEY WEST AND OCEAN REEF AND DESIGNA TING
BOUNDARIES FOR TIER I, TIER II, TIER III, AND TIER III-A
(SPECIAL PROTECTION AREAS) AS REQUIRED IN GOAL 105 OF
THE 2010 COMPREHENSIVE PLAN PURSUANT TO THE CRITERIA IN
SECTION9.~-2S6; PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; DIRECTING mE 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 Monroe County Board of County Commissioners, during public
hearings held in December 2004, January, February, March, April, May and June, 2005, and
March 2006, reviewed and considered a proposed amendment to provide for a Tier Overlay
District Map designation on the Monroe County Land Use District Map to implement Goal 105
of the 2010 Comprehensive Plan, Rule 28-20.100 F.A.C. and the Tier Overlay system; and
WHEREAS, the Monroe County Board of County Commissioners directed staff to
prepare text and map amendments in Ordinance No. 0 18-2004 adopted June 16, 2004, to include
Tier Overlay District Map designations in accordance with Goal 105;
WHEREAS, the Monroe County Board of County Commissioners makes the following
Findings of Fact:
1. 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.
2. The Tier Map designation was developed following the criteria in Goal 105,
identifYing areas appropriate for additional development and those which are important
environmentaJJy and should be preserved.
3. The initial Tier Map designation was developed following criteria in Goal 105,
through use of computer mapping (GIS); and utilizing the 1986 Existing Conditions Map,
environmental data produced by the Florida Marine Resources Institute utilized in the Florida
Keys Carrying Capacity Study, recent aerial photography, Property Appraiser records, and on-
site surveys.
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4. The initial tier boundaries for the Tier Overlay District Map were drawn by the
Growth Management Division staff using environmental and development information and
digital data prepared by the Florida Marine Resources Institute and utilized in the Florida Keys
Carrying Capacity Study, aerial photography, permitting and property tax records, and refined
through site visits by the County Biologists and Planners.
5. The Planning Commission, after hearing public comments and staff input at four
public hearings on the draft Map, recommended approval on November 3, 2004, to the Board of
County Commissioners of the Tier Overlay District Map as an overlay to the Land Use District
Map.
6. The Planning and Environmental Resources Department continued to work on
refining the proposed boundaries based on new aerial photography, property records, and site
surveys.
7. The Board of County Commissioners approved in concept revisions to the habitat
protection elements of the proposed amendments to the Comprehensive Plan on August 17,
2005, in response to concerns raised by the Governor and Cabinet and negotiations with DCA
staff.
8. The Board of County Commissioners adopted amendments to the Comprehensive
Plan on September 22, 2005, that made further revisions to the Tier system by instituting a Tier
III-A (Special Protection Area) for improved habitat protection.
9. The Growth Management Division staff based on detailed ground-truthing efforts by
its staff and more recent aerial photography further refined the series of maps to depict proposed
Tier III and Tier III-A (Special Protection Area) designated areas.
10. The Florida Department of Community Affairs and County staff reviewed proposed
designated Tier III-A designated sites during a site visit in early December 2005, and reached
tentative agreement on sites to be designated for further protection as Tier III-A (Special
Protection Areas).
11. The Growth Management Division staffprepared revised maps designating Tier III-
A areas, which were reviewed and conceptually approved by the Board of County
Commissioners on December 20, 2005.
12. Subsequently, the Growth Management Division staff made final refinements to Tier
boundaries based on written requests from property owners, the recommendations of the Special
Master concerning requested boundary amendment revisions to Tier I (aka "Conservation and
Natural Areas"), and further ground-truthing.
13. 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 identity
the best and most important terrestrial habitat areas for preservation.
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14. Tier I includes all contiguous hammock areas above four acres and restoration areas
between fragmented smaller hammock patches to increase the hammock size and buffers where
possible.
15. Tier III is appropriate for additional infill development because of the location and
amount of existing development in the areas designated and the absence of significant upland
native habitat patches.
16. Tier III-A, which is called a "Special Protection Area" in the Comprehensive Plan, is
appropriate for the protection of the remaining isolated upland native habitat patches of one acre
or greater located outside of Tier I.
17. 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.
18. The Tier Overlay District Map, when adopted, will become an overlay to the Land
Use District Map.
19. The Tier Overlay District Map designating Tier I, II, and III boundaries on Big Pine
Key and No Name Key conforming with the adopted Community Master Plan for those two
islands, was adopted by Ordinance 28-2005.
20. The Tier Overlay District Map for Big Pine Key and No Name is included in Exhibit
A attached to this Ordinance without any change in the boundaries from the adopted Tier
Overlay District Map for those islands to provide a uniform set of series of maps, as the official
Tier Overlay District Map for Monroe County.
21. The Board of County Commissioners has reviewed the Tier Overlay District Map
recommended by the Growth Management Division.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Tier Overlay District Map is consistent with the designation criteria pursuant to
Section 9.5-256, Monroe County Code, and is consistent with and further the goals, objectives,
and policies of the Year 2010 Comprehensive Plan, particularly Goal 105 and its associated
objectives and policies.
Section 2. Pursuant to Goal 105, Year 2010 Comprehensive Plan and the designation criteria of
Section 9.5-256, Monroe County Code, Tier I, II, III, and III-A (Special Protection Area) areas
are designated; the boundaries of which are described in the Tier Overlay District Map attached
hereto as Exhibit A, and made part of this ordinance.
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~. ',oli>,-i
Section 3. 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 4. 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 S. This ordinance does not affect prosecutions for ordinance violations committed prior
to the effective date of this ordinance; does not waive any fee or penalty due or unpaid on the
effective date of this ordinance; and does not affect the validity of any bond or cash deposit
posted, filed, or deposited pursuant to the requirements of any ordinance.
Section 6. This ordinance shall be filed in the Office of the Secretary of State of Florida. This
ordinance shall not become effective until July 14, 2006, but not prior to or without a notice
issued by the Department of Community Affairs or Administration Commission approving the
ordinance.
Section 7. This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs to determine the consistency of this
ordinance with the Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the _ day of , A.D. , 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Murray Nelson
Commissioner George Neugent
Commissioner David Rice
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY:
Mayor/Chairperson
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
?~I
Deputy Clerk
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