Ordinance 008-2006
ORDINANCE NO.008-2006
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO
THE MONROE COUNTY LAND DEVELOPMENT
REGULATIONS TO REVISE ENVIRONMENTAL
REGULATIONS BY DELETING SECTIONS 9.5-336, 9.5-337, 9.5-
338, 9.5-339, 9.5-339.1, 9.5-339.2, 9.5-339.3 9.5-340, 9.5-341, 9.5-342,
AND 9.5-343 TO ELIMINATE REQUIREMENTS PERTAINING
TO THE EXISTING CONDITIONS MAP AND HABITAT
EVALUATION INDEX; CREATING NEW SECTION 9.5-336 TO
REQUIRE AN EXISTING CONDITIONS REPORT, INCLUDING
VEGETATIVE SURVEY AS PART OF DEVELOPMENT
APPLICATION APPROVAL; CREATING NEW SECTION 9.5-337
TO ENHANCE PROTECTION OF UPLAND VEGETATION
THROUGH GRANT OF CONSERVATION EASEMENTS;
CREATING NEW SECTION 9.5-338 THAT INCORPORATES
EXISTING OPEN SPACE REQUIREMENTS FOR WETLANDS;
REVISING SECTION 9.5-347 TO PROVIDE FOR MAXIMUM
CLEARING LIMITS OF NATIVE UPLAND VEGETATION
BASED UPON ON THE TIER SYSTEM DESIGNATION OF THE
SUBJECT PROPERTY; PROVIDING FOR SPECIFIC VESTING
PROVISIONS; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION IN THE MONROE COUNTY CODE OF
ORDINANCES; DIRECTING THE PLANNING AND
ENVIRONMENTAL RESOURCES DEPARTMENT TO
TRANSMIT A COPY OF THIS ORDINANCE TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS; AND, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners, during eight
public hearings held in December, 2004, January, February, March, April, May, and
June 2005, and March 2006, reviewed and considered the proposed amendments to the
Land Development Regulations (LDRS) deleting the HEI requirements, requiring an
existing conditions report including a vegetation survey, requiring a grant of conservation
easement to protect open space vegetation and limiting the clearing of native upland
vegetation dependent on the Tier system designation to implement Goal 105 of the 2010
Comprehensive Plan, Rule 28-20.100 F.A.C. and the Tier Overlay system; and
WHEREAS, the Monroe County Board of County Commissioners directed staff
to prepare text and map amendments to the Year 2010 Comprehensive Plan and Land
Development Regulations to base the County's environmental regulations protecting the
habitat on the Year 2010 Comprehensive Plan Goal 105 Tier system rather than the
existing Habitat Evaluation Index; and
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WHEREAS, the Monroe County Board of County Commissioners makes the
following Findings of Fact:
1. Goal 105 provides a comprehensive framework for future development and
land acquisition for the next 20 years that considers the carrying capacity of the Florida
Keys, reduces sprawl and promotes sustainability; and
2. The current LDRS require properties designated on the 1986 Habitat Maps as
hammock and pineland to perform a Habitat Evaluation Index (HEI) to determine the
amount of clearing permitted and the negative points awarded in ROGO and NROGO;
and
3. The HEI is a subject of dispute, has specific weaknesses including problems
with protocol in its application, and, since it is based on 1986 maps, does not take into
consideration re-vegetation over the last twenty years; and
4. The Planning and Environmental Resources Department prepared draft
amendments to Chapter 9.5 (Land Development Regulations), Monroe County Code, in
response to the direction provide by the Board of County Commissioners and consistent
with proposed amendments to the Comprehensive Plan; and
5. The Planning Commission, after hearing comments at four public hearings,
made changes to the staff draft amendments and recommended approval of the proposed
amendments to incorporate changes to the County's environmental regulations based on
the Tier system and the elimination ofthe Habitat Evaluation Index requirement; and
6. The Planning and Environmental Resources Department made minor changes
to the proposed draft based on direction of the Planning Commission and public
testimony at the public hearing before the Board of County Commissioners in December
2004, including minor text revisions to ensure readability and correct typographical errors
or omissions in the text; and
7. Subsequent to the adoption of amendments to the Comprehensive Plan by the
Board of County Commissioners on September 22, 2005, the Planning and
Environmental Resources Department prepared further amendments to the draft
ordinance to ensure consistency with the adopted plan amendments; and
8. The ordinance removes the requirement for performing an HEI from the Land
Development Regulations to determine habitat quality and scoring under ROGO and
replaces it with a much simpler, less expensive, transparent system; and
9. Under the new Tier system the clearing of upland habitat is limited to 20
percent in Tier 1,40 percent in Tier II (Big Pine Key and No Name Key), and 40 percent
in Tier III or 3,000 square feet, whichever is larger, with a maximum clearance of 7,500
square feet; and
10. Amendments to the Land Development Regulations enacted by this ordinance
include an Existing Conditions Report, a Conservation Easement on upland native
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vegetation and use of the 1986 Habitat Maps as a baseline to assure unlawful clearing has
not/does not occur; and
11. The Board of County Commissioners has reviewed the proposed amendments
to the Land Development Regulations deleting the HEI requirements from the Code,
requiring an existing conditions report including a vegetation survey, requiring a grant of
conservation easement to protect open space vegetation and limiting the clearing of
native upland vegetation dependent on the Tier system designation, as recommended by
the Planning Commission and the Planning and Environmental Resources Department;
and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The proposed amendments to the Land Development Regulations are
consistent with and further goals, objectives and policies of the Year 2010
Comprehensive Plan, particularly Goal 105 and the recently adopted set of
comprehensive plan amendments to effectuate the Tier system,
Section 2. The following sections of the Monroe County Code are hereby deleted:
Section 3.
follows:
o
o
o
o
o
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Section 9,5-336, Existing conditions map;
Section 9.5-337, Habitat analysis required;
Section 9.5-338, Waiver of habitat analysis;
Section 9.5-339, Habitat type analysis;
Section 9.5-339.1, Habitat analysis objective;
Section 9.5-339.2, Automatic high quality forest classification;
Section 9.5-339.3, Habitat analysis definitions and approach;
Section 9.5-340, Habitat analysis for high hammocks;
Section 9.5-341, Habitat analysis for low hammocks;
Section 9.5-342, Habitat analysis for palm hammocks; and,
Section 9.5-343, Habitat analysis for pinelands.
Section 9.5-336, Monroe County Code, is hereby created that reads as
"Sec. 9.5-336. Existing conditions report.
As part of an application for approval on lands containing upland native
vegetation communities the applicant shall prepare and submit an existing
conditions report including a survey that identifies the distribution and quality of
native habitat and any observed endangered/threatened or protected species_within
the parcel or lot proposed to be developed in accordance with the standards of this
division. The existing conditions report will be prepared by a biologist qualified
under sec. 9.5-28, in a form approved by the director of planning and contain, at a
minimum, the following:
(a) Cover page: The cover page shall contain the following:
(1) Legal description of parcel, including the Real Estate Number.
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(2) Property owner's name and address.
(3) Date of report and site visits.
(4) Consultant's name, agency and contact information.
(5) Consultant's signature.
(b) Summary: A general description of site including discussion of
habitat type, important features and presence and location of any disturbed areas.
(c) Plant species list: A list of species found in the survey provided in
a matrix ofthe following five columns:
(1) Column 1 - removed - estimates the number of that plant will be
removed.
(2) Column 2 - retained - indicates that one or more of that plant will
remam.
(3) Column 3 - common plant name.
(4) Column 4 - scientific name.
(5) Column 5 - status - threatened, endangered, or regionally important
and other native species four inches or greater in diameter at four
feet in height and exotic or pest plant status.
(d) Animal species list: A list of the endangered, threatened, or
protected animal species observed during the site survey.
(e) Site plan: A site plan at a scale of one (1) inch equals twenty (20)
feet or greater showing the location of all native plant species that are threatened,
endangered, regionally important and areas of disturbance and exotic species."
Section 4. Section 9.5-337, Monroe County Code, is hereby created that reads as
follows:
"Section 9.5-337. Administration and compliance.
Before a certificate of occupancy or final inspection approval may be
issued for any structure, portion, or phase of a project subject to this division a
grant of conservation easement running in favor of Monroe County shall be
approved by the growth management director and the county attorney and
recorded in the Official Public Records of Monroe County. The conservation
easement shall state the amount of required upland native vegetation open space
and prohibit activities within that open space, including removal, trimming or
pruning of native vegetation; acts detrimental to wildlife or wildlife habitat
preservation; excavation, dredging, removal or manipulation of the substrate;
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Page 4 00
activities detrimental to drainage, flood control, or water or soil conservation;
dumping or placing soil, trash, or other materials; and any other restrictions as
may be stated on the conservation easement."
Section 5. Section 9.5-338, Monroe County Code, is hereby created that reads as
follows:
"Section 9.5-338 Wetland open space requirements.
No development activities, except as provided for in this division, are
permitted in mangroves, freshwater wetlands and in undisturbed saltmarsh and
buttonwood wetlands; the open space requirement is one hundred (100) percent."
Section 6. Section 9.5-347 (b),(c),and (d), Monroe County Code are hereby amended to
read as follows:
"(b) Percentage of clearing: Clearing of upland native vegetation
communities in the Tiers I, II, and III shall be limited to the following
percentages:
Tier
I
II
III
Permitted Clearing
20 % of upland native vegetation*
40% of upland native vegetation (Big Pine Key and No
Name Key Only)
40% of upland native vegetation or 3,000 square feet,
whichever is greater; however, the maximum amount of
clearing shall be no more than 7,500 square feet, regardless
of the amount of upland native vegetative area.
*Palm or cactus hammock is limited to only 10%.
(c) Site baseline conditions: The legal conditions ofland existing as of
February 28, 1986 and as depicted on the "December 1985 Habitat Classification
Aerial Photographs," shall be used as a baseline to determine the clearing that
may be permitted on a site. The 1985 maps shall be supplemented by recent aerial
photography and existing site analysis to determine any increases in the amount of
upland native vegetated areas. Upland native vegetated areas cleared between
1986 and time of permit application shall be considered to still include upland
native vegetation for purposes of determining the amount of open space and
clearing permitted.
(d) Ocean Reef Club clearing: For the purpose of this section, upland
native vegetated areas in Ocean Reef Club, shall be limited to clearing of forty
(40) percent ofthe upland native vegetated areas."
Section 7. Section 9.5-347(e), Monroe County Code, is hereby amended that reads as
follows:
"(e) Lot aggregation and clearing: For ROGO applications that receive
points for lot aggregation under Section 9.5-122.3 (a) (3), permitted clearing of
vegetation shall be limited to the percentage of the property indicated in
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paragraph (b) above or five-thousand (5,000) square feet, whichever is less."
Except that all applications received after 9/27/05 shall not receive points for lot
aggregation if located within an area proposed for acquisition by public agencies
for the purpose of resource protection and applications receiving points for
aggregation cannot exceed the limits outlined in paragraph (b) above or 5,000
square feet, whichever is less, pursuant to the mandate of the Florida
Administrative Commission by Rule 28-20.110 and 28-20.120 (effective
9/27/05).
Section 8. Notwithstanding the clearing provisions of Section 6 of this ordinance, the
following vesting provisions shall apply upon the effective date of the ordinance:
1. Except as provided for in 2. below, any building permit application
requiring an allocation award in the ROGO/NROGO system prior to the
effective date of this ordinance shall comply with the extent of clearing
authorized in the approved building permit application. Except that all
applications received after 9/27/05 within Tier One shall not clear more
than 5,000 square feet and shall not receive points for lot aggregation if
within an area proposed for acquisition by public agencies for the purpose
of resource protection pursuant to the mandate of the Florida
Administrative Commission by Rule 28-20.110 and 28-20.120 (effective
9/27/05).
2. Any building permit issued pursuant to an active conditional use order
approved by the Planning Director or Planning Commission prior to
March 15, 2006, and authorized by a ROGO/NROGO allocation award or
granting of the transfer of development rights from off-site under Sections
9.5-120.4 and 9.5-124.8 (a)(10), Monroe County Code, shall comply with
the extent of clearing authorized in the approved conditional use order.
3. Any revisions to the extent of clearing approved by the permits or
conditional use orders vested pursuant to 1. and 2. above, shall be required
to comply with the clearing limits ofthis ordinance.
Section 9. If any section, subsection, sentence, clause or provision of this ordinance is
held invalid, the remainder ofthis ordinance shall not be affected by such invalidity.
Section 10. 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 11. This ordinance does not affect prosecutions for ordinance violations
committed prior to the effective date of this ordinance; does not waive any fee or penalty
due or unpaid on the effective date of this ordinance; and does not affect the validity of
any bond or cash deposit posted, filed, or deposited pursuant to the requirements of any
ordinance.
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Section 12. This ordinance shall be filed in the Office of the Secretary of State of
Florida. This ordinance shall not become effective until July 14, 2006, but not prior to
or without a notice issued by the Department of Community Affairs or Administration
Commission approving the ordinance.
Section 13. This ordinance shall be transmitted by the Planning and Environmental
Resources Department to the Florida Department of Community Affairs to determine the
consistency of this ordinance with the Florida Statutes.
Section 14. The provisions of this ordinance shall be included and incorporated in the
Code of Ordinances of the County of Monroe, Florida, as an addition or amendment
thereto, and shall be appropriately numbered to conform to the uniform numbering
system ofthe Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 15th 'day of March , A.D. ,
2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Murray Nelson
Commissioner George Neugent
Commissioner David Rice
Commissioner Dixie Spehar
Not Present
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
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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
April 3, 2006
Ms, Liz Cloud, Program Administrator
Administrative Code & Weekley
RA. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7002 2030 0001 2668 9808
Dear Ms, Cloud,
Enclosed please find certified copies of the following:
Ordinance No, 005-2006 providing for the purchase of property to be developed for the
establishment of affordable and employee housing; providing for the future development of such
housing; providing for severability; providing for repeal of inconsistent provisions; providing for
incorporation in the Monroe County Code; providing for an effective date,
Ordinance No, 006-2006 amending Chapter 3, Monroe County Code; Providing
clarification of authority of animal control officers and of other provisions of Chapter 3; Providing
for rabies vaccinations of ferrets and changing required ages of cats and dogs to be vaccinated;
Providing penalties enforceable by code violation prosecution for dangerous and vicious dogs;
Providing for prohibitions against abandonment of animals and chaining of dogs; Providing for
requirements of spaying or neutering of cats and dogs; Providing for exemptions and establishing
criteria and process to obtain an exemption from requirement for spay and neuter of dogs and
cats; Providing an incentive for permanent identification; Providing for severability; Providing for
the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe
County Code of Ordinances; and Providing an effective date,
Ordinance No, 008-2006 amending the Monroe County Land Development Regulations to
revise environmental regulations by deleting Sections 9.5-336, 9,5-337, 9,5-338, 9,5-339,1,
9,5-339.2, 9,5-339,3, 9,5-340, 9,5-341, 9,5-342, and 9.5-343 to eliminate requirements pertaining
to the Existing Conditions Map and Habitat Evaluation Index (HEI); Creating new Section
9,5-336 to require an Existing Conditions Report, including vegetative survey as part of
Ordinance Nos, 005-2006, 006-2006, 008-2006,
009-2006, 010-2006, 011-2006 & 013-2006
Development Application approval; creating new Section 9,5-337 to enhance protection of
upland vegetation through Grant of Conservation Easements; creating new Section 9,5-338 that
incorporates existing open space requirements for wetlands; Revising Section 9,5-347 to provide
for maximum clearing limits of native upland vegetation based upon the Tier System designation
of the subject property; Providing for specific vesting provisions; Providing for repeal of all
Ordinances inconsistent herewith; Providing for incorporation in the Monroe County Code of
Ordinances; Directing the Planning and Environmental Resources Department to transmit a copy
of this Ordinance to the Florida Department of Community Affairs; and, providing for an effective
date,
Ordinance No, 009-2006 amending the Monroe County Land Development Regulations to
implement Goal 105 of the 2010 Comprehensive Plan and the Tier Overlay System by revising
Sections 9.5-120 through 9,5-123 and Sections 9,5-125 through 9,5-140 [Rate of Growth
Ordinance (ROGO)] and revising Section 9,5-266 [Affordable and Employee Housing]; Providing
evaluation criteria, point system, and procedures utilizing the Tier Overlay as the basis for the
ROGO System; Providing special evaluation criteria, point system, and procedures for Big Pine
and No Name Key based on Habitat Conservation Plan and Master Plan for Big Pine and No
Name Key; Creating an appeal process for NROGO; Limiting affordable housing allocations to
Tier III Areas; Providing for a 99 year restrictive covenant for affordable and employee housing;
Providing authority for an eligible governmental or non-governmental entity to administer
eligibility and compliance requirements of affordable housing regulations of behalf of the Planning
and Environmental Resources Department; Providing for specific vesting provisions; Providing
for repeal of all Ordinances inconsistent herewith; Providing for incorporation in the Monroe
County Code of Ordinances; Directing the Planning and Environmental Resources Department to
transmit a copy of this Ordinance to the Florida Department of Community Affairs; and providing
for an effective date,
Ordinance No. 010-2006 amending Land Developments Regulations to implement Goal
105 of the 2010 Comprehensive Plan and the Tier Overlay System by amending Section 9.5-256,
Tier Overlay District; Providing criteria for designation of tier boundaries; Providing a mechanism
for Tier Overlay District Map amendments; Providing for repeal of all Ordinances inconsistent
herewith; Providing for incorporation in the Monroe County Code of Ordinances; Directing the
Planning and Environmental Resources Department to transmit a copy of this Ordinance to the
Florida Department of Community Affairs; and providing for an effective date,
Ordinance No. 011-2006 amending the Monroe County Land Development Regulations
by revising Sections 9,5-124 through 9,5-124,8 Non-Residential Rate of Growth Ordinance
(NROGO) of the Monroe County Land Development Regulations utilizing the Tier Overlay as the
basis for the competitive point system; Creating a separate NROGO System for Big Pine Key and
No Name Key; Providing for specific vesting provisions; Providing for repeal of all Ordinances
inconsistent herewith; Providing for incorporation in the Monroe County Code of Ordinances;
Directing the Planning and Environmental Resources Department to transmit a copy of this
Ordinance to the Florida Department of Community Affairs; and providing for an effective date,
Ordinance Nos, 005-2006, 006-2006, 008-2006,
009-2006, 010-2006, 011-2006 & 013-2006
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on March 15, 2006. Please file for record.
Ordinance No, 013-2006 adopting an amendment to the Monroe County Land Use
District Map to include a Tier Overlay District Map designation on all land in unincorporated
Monroe County in the Florida Keys between Key West and Ocean Reef and 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;
Providing for repeal of all Ordinances inconsistent herewith, Directing the Planning and
Environment Resources Department to transmit a copy of this Ordinance to the Florida
Department of Community Affairs; and providing for an effective date, Please note that Exhibit
A is on the disc that is attached to the Ordinance.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Special Meeting in formal session on March 21, 2006, Please file for record, Should you have
any questions please feel free to contact me at (305) 295-3130.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Growth Management w/o Ordinance 006 only
Community Services - Ordinance 006 only
Finance - Ordinance 006 only
County Attorney
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. Attach this card to the back of the mailpiece,
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1. Article Addressed to:
Ms. Liz Cloud
Program Administrator
Administrative code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
2. ArtIcle Number
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Domestic Return Receipt
FLORIDA DEPARTMENT OF STATE
Sue M. Cobb
Secretary of State
DIVISION OF LillRARY AND INFORMATION SERVICES
April 6, 2006
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of
your letter dated April 3, 2006 and certified copies of Monroe County Ordinance
Nos. 005-2006, 006-2006, 008-2006 through 011-2006 and 013-2006, which were filed in this
office on April 5, 2006.
LC/mp
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DSTATE LIBRARY OF FLORIDA
R.A. Gray Building. Tallahassee, Florida 32399-0250 . (850) 245-6600
FAX: (850) 488-2746. TOO: (850) 922-4085. http://www.dos.state.t1.us
DLEGISLATIVE LIBRARY SERVICE D 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
DADMINISTRA TIVE CODE AND WEEKLY
(850) 245-6270. FAX: (850) 245-6282
DCA Final Order No.: DCA06-0R-123
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND
DEVELOPMENT REGULA nONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 008-2006
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to ~~ 380.05(6), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2005), approving a land
development regulation adopted by a local government within the Florida Keys Area of Critical
State Concern as set forth below.
FINDINGS OF FACT
1. The Florida Keys Area is a statutorily designated area of critical state concern,
and Monroe County is a local government within the Florida Keys Area.
2. On April 6, 2006, the Department received for review Monroe County Ordinance
No. 008-2006 ("Ord. 008-2006").
3. The final order for this Ordinance must be signed by June 2, 2006.
4. The Ordinance deletes requirements for the preparation of the Habitat Evaluation
Index for properties containing hammock, requires an existing conditions report, vegetation
survey, and grants of conservation easements, and limits clearing of native upland vegetation
dependent on the tier system designation.
5. The Ordinance proposes the deletion of Section 9-5.342. Section 9-5.342 is based
on Monroe County's Comprehensive Plan Policy 101.4.22 and establishes that when twenty
percent of the dominant canopy plants are palms, the hammock is classified as a Palm Hammock
and limited to ten percent clearing.
6. The criteria that establishes when a Palm Hammock is classified as a Palm
DCA Final Order No.: DCA06-0R-123
Hammock is not found in any other regulation, and therefore, deletion of Section 9-5.342 from
Monroe County's land development regulations is not consistent with the 2010 Monroe County
Comprehensive Plan.
7. All other elements of the Ordinance 008-2006 are consistent with the 2010
Monroe County Comprehensive Plan.
CONCLUSIONS OF LAW
6. The Department is required to approve or reject land development regulations that
are enacted, amended, or rescinded by any local governrnent in the Florida Keys Area of Critical
State Concern. Ii 380.05(6), Fla. Stat., and Ii 380.0552(9), Fla. Stat. (2005).
7. Monroe County is a local governrnent within the Florida Keys Area of Critical
State Concern. Ii 380.0552, Fla. Stat. (2005) and Rule 28-29.002 (superseding Chapter 27F-8),
Fla. Admin. Code.
8. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of/and. Ii 380.031(8), Fla. Stat. (2005). The
regulations adopted by Ord. 008-2006 are land development regulations.
9. All land development regulations enacted, amended, or rescinded within an area
of critical state concern must be consistent with the Principles for Guiding Development (the
"Principles") as set forth in Ii 380.0552(7), Fla. Stat. See Rathkamp v. Department of
Community Affairs, 21 FAL.R. 1902 (Dec. 4, 1998), aff'd, 740 So. 2d 1209 (Fla. 3d DCA
1999). The Principles are construed as a whole and no specific provision is construed or applied
in isolation from the other provisions.
10. Ord. 008-2006 promotes and furthers the following Principles:
(a) To strengthen local governrnent capabilities for managing land
use and development so that local governrnent is able to
achieve these objectives without the continuation of the area of
critical state concern designation.
(c) To protect upland resources, tropical biological communities,
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DCA Final Order No.: DCA06-0R-123
freshwater wetlands, native tropical vegetation (for example,
hardwood hammocks and pinelands, dune ridges and beaches,
wildlife, and their habitat.
(d) To ensure the maximum well-being of the Florida Keys and its
citizens through sound economic development.
(I) To protect the public health, safety, and welfare of the citizens
of the Florida Keys and maintain the Florida Keys as a unique
Florida resource.
II. Deletion of Section 9-5.342 from Monroe County's land development regulations
is not consistent with the 2010 Monroe County Comprehensive Plan.
12. With the exception of the proposed deletion of Section 9-5.342, Ord. 008-2006 is
consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that all elements of Ord. 008-2006, except for the
deletion of Section 9-5.342 from Monroe County's land development regulations, are found to
be consistent with the Principles for Guiding Development ofthe Florida Keys Area of Critical
State Concern, and are hereby APPROVED. The deletion of Section 9-5.342 from Monroe
County's land development regulations is not consistent with the 2010 Monroe County
Comprehensive Plan and is hereby REJECTED.
This Order becomes effective 21 days after publication in the Florida Administrative
Weekly unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
T ~ . SU
State Planning
Division of Co unity Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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DCA Final Order No.: DCA06-0R-123
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE
OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAYBE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD
OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-
106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
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DCA Final Order No.: DCA06-0R-123
RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201(2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH
THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL
ORDER.
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with
the undersigned designated Agency Clerk, and that true and correct copies have been furnished
to the persons listed below by the method indicated this 101'1/ day of June, 2006.
/t~'tt/
,rPaula Ford, Age cy Clerk
Bv U.S. Mail:
Honorable Charles McCoy
Mayor of Monroe County
500 Whitehead Street, Suite 102
Key West, Florida 33040
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Aref Joulani
Acting Director
Planning and Environmental Resources
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
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DCA Final Order No.: DCA06-0R-123
Bv Hand Delivery or Interagencv Mail:
Tracy D. Suber, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
Christine M. Cosby, Assistant General Counsel, DCA Tallahassee
6