§ 106-10. Big Pine Key Area of Critical County Concern.

(a)

Established. The Big Pine Key area of critical county concern is hereby established for the area described on Land Use District Map Numbers 8 and 9 of 21.

(b)

Purpose. The purpose of the Big Pine Key area of critical county concern is to establish a focal point planning effort directed at reconciling the conflict between reasonable investment backed expectations and the habitat needs of the Florida Key Deer that is listed as endangered under the Federal Endangered Species Act.

(c)

Focal point planning program.  

(1)

The county shall initiate a focal point planning program for the Big Pine Key area of critical county concern that considers the following:

a.

The reasonable investment backed expectations of the owners of land within the Big Pine Key area of critical concern;

b.

The habitat needs of the Florida Key Deer;

c.

The conflicts between human habitation and the survival of the Florida Key Deer;

d.

The role and importance of freshwater wetlands in the survival of the Florida Key Deer;

e.

Management approaches to reconciling the conflict between development and the survival of the Florida Key Deer; and

f.

Specific implementation programs for the Big Pine Key area of critical county concern.

(2)

The focal point planning program shall be carried out by the Planning Director, in cooperation with the officer in charge of the National Key Deer Refuge. The planning program shall include a public participation element, and shall provide for notice by publication of all public workshops or hearings to the owners of land within the Big Pine Key area of critical county concern.

(3)

The focal point planning program for the Big Pine Key area of critical county concern shall be completed within 12 months of the adoption of this chapter, and the Planning Director shall submit a report together with recommended amendments to the Monroe County Comprehensive Plan and this chapter within 30 days after the completion of the focal point planning program for the Big Pine Key area of critical county concern.

(d)

Interim regulations. Notwithstanding any other provisions of this chapter, no development shall be carried out on the Big Pine Key area of critical county concern prior to the completion of the focal point planning program required by subsection (c) of this section and the adoption of amendments to the Monroe County Comprehensive Plan and this chapter except in accordance with the following:

(1)

No development shall be carried out in the Big Pine Key area of critical county concern except for single-family detached dwellings on lots in the improved subdivision district or on lots having an area of one acre or more.

(2)

No development shall be carried out in the Big Pine Key area of critical county concern on any land designated as freshwater wetland on the existing conditions map. Nothing in this designation shall prohibit the development of a single-family detached dwelling on a lot that includes land that is designated as freshwater wetlands or transitional habitat on the existing conditions map, provided that:

a.

There is sufficient land area for the development of a single-family detached dwelling and required accessways that are not designated as freshwater wetlands or transitional habitat; and

b.

Adequate provision is made to prevent surface water runoff from a portion of the lot to be developed with a single-family detached dwelling from flowing into the freshwater wetland or transitional habitat.

(3)

All development otherwise conforms with each and every provision of this chapter.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)