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Ordinance 028-2012 (n _ la - 1_,,L.„__:_7„Fi _I ORDINANCE NO. 028 -2012 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CREATING POLICY 101.4.20 TO DISCOURAGE PRIVATE APPLICATIONS FOR FUTURE LAND USE CHANGES WHICH INCREASE ALLOWABLE DENSITY AND INTENSITY, AS REQUIRED BY ADMINISTRATION COMMISSION RULE 28- 20.140, FLORIDA ADMINISTRATIVE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING FOR THE FILING WITH SECRETARY OF STATE AND FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE INCLUSION IN THE MONROE COUNTY 2010 COMPREHENSIVE PLAN. WHEREAS, the Administration Commission directed Monroe County within its 30 -Day Report, pursuant to Section 380.0552(4)(c), F.S., to implement the Florida Keys Carrying Capacity Study by discouraging private applications for future land use changes which increase allowable density and intensity on lands in the Florida Keys. ; WHEREAS, Administration Commission Rule 28- 20.140, F.A.C., (HB 7253) includes a Work Program task requiring Monroe County to adopt a Comprehensive Plan Policy to discourage private applications for future land use changes which increase allowable density and intensity on lands in the Florida Keys; and WHEREAS, the Monroe County Development Review Committee considered the proposed amendment at a regularly scheduled meeting held on the 7th day of June, 2011; and WHEREAS, at a regularly scheduled meeting held on the 18th day of October, 2011, the Monroe County Planning Commission held a public hearing for the purpose of considering the transmittal to the State Land Planning Agency a proposed amendment to the Monroe County Year 2010 Comprehensive Plan and recommended approval of the amendment; and WHEREAS, at a special meeting held on 13 day of February, 2012, the Monroe County Board of County Commissioners held a public hearing to consider the transmittal of the proposed amendment to the State Land Planning Agency; and WHEREAS, on May 4, 2012, the State Land Planning Agency issued an Objections, Recommendations and Comment (ORC) Report to Monroe County which identified one objection to the proposed amendment; and WHEREAS, Monroe County has proposed one revision to the proposed amendment to address the objection raised by the State Land Planning Agency. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Monroe County 2010 Comprehensive Plan is amended as follows: Policy 101.4.20 In order to implement the Florida Keys Carrying Capacity Study, Monroe County shall promote the reduction in overall County density and intensity and the preservation of Monroe County's native habitat by enacting legislation which implements the following policy statements for private applications for future land use map amendments which increase allowable density and/or intensity. Private application(s) means those applications from private entities with ownership of the upland development and parcel(s) of land or includes private upland development on County -owned land. Private applications requesting future land use map designation amendments received after the effective date of this ordinance, which propose increases in allocated density and intensity shall be required to comply with either option (1) or (2) below: (1) For every acre of land, and/or fractions thereof, where there is a request to increase density and/or intensity, a private applicant shall purchase and donate land that is a minimum of twice the size of the parcel subject to the proposed request, which contains non- scarified native upland habitat and/or undisturbed wetland habitat to Monroe County for conservation. The following requirements apply: • The donated land shall be designated as Tier I, Tier II or Tier III -A Special Protection Area and be located on Big Pine Key/No Name Key or be within the same sub -area of unincorporated Monroe County as the proposed increase in density and/or intensity. • The land shall be inspected by the Monroe County Biologist to assure it is acceptable for acquisition and donation. • A restrictive covenant shall be recorded to extinguish the development rights on the donated land. • The Future Land Use Map Designation for the donated land may be designated by the County as Conservation (C). (2) For each requested additional unit of density, a private applicant shall purchase and donate a lot designated as Improved Subdivision (IS) district on the Land Use (Zoning) District map which contain non - scarified native upland habitat and/or undisturbed wetland habitat to Monroe County. The following requirements apply: • Private applicants shall provide IS lots pursuant to a 1:1 (1 unit: 1 lot) ratio to mitigate the request for increased allowable density, pursuant to option (a) or (b) below: (a) The donated IS lot(s) shall be designated as Tier I, Tier II or Tier III -A Special Protection Area and be located on Big Pine Key/No Name Key or be within the same sub -area of unincorporated Monroe County as the proposed increase in density. • The IS lot(s) shall be inspected by the Monroe County Biologist to assure it is acceptable for acquisition and donation. • A restrictive covenant shall be recorded to extinguish the development rights on the donated land. • The Future Land Use Map Designation for the donated land may be designated by the County as Conservation (C). (b) The donated IS lot(s) shall be designated as Tier III, suitable for affordable housing and must be within the same sub -area of unincorporated Monroe County as the proposed increase in density. • The IS lot(s) shall be dedicated to Monroe County for affordable housing projects. For options (1) and (2) described above, the parcel which is the subject of the request to increase its density and intensity must be designated as Tier III and have existing public facilities and services and available central wastewater facilities. Example of 12 acres requesting a Requires the donation of 24 acres of non - Option 1 FLUM amendment to scarified native upland habitat and/or increase density and/or undisturbed wetland habitat, designated as Tier intensity I, Tier II or Tier III -A. (12 acres x 2 = 24 acres) Example of 20 acres with a total (a) Requires the donation of 20 IS lots of non- Option 2 allocated density allowing scarified native upland habitat and/or the development of 20 undisturbed wetland habitat, designated as Tier units, requesting to I, Tier II or Tier III -A; or increase density to allow (b) Requires the donation of 20 IS lots 40 units designated as Tier III and suitable for affordable housing. (Increase of 20 units = 20 IS lots) Section 2. Severability. If any section, subsection, sentence, clause, item, change, or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such validity. Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. • Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes. Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become effective until a notice is issued by the State Land Planning Agency or Administration Commission finding the amendment in compliance with Chapter 163, Florida Statutes and after any applicable appeal periods have expired. Section 6. Inclusion in the Comprehensive Plan. The numbering of the foregoing amendment may be renumbered to conform to the numbering in the Monroe County Year 2010 Comprehensive Plan and shall be incorporated in the Monroe County Year 2010 Comprehensive Plan. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 21st day of Sept. , 2012. Mayor David Rice Yes Mayor pro tem Kim Wigington Yes Commissioner Sylvia Murphy Yes Commissioner George Neugent Yes Commissioner Heather Carruthers Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA • BY _ Mayor David ce = ° (SEAL) -o ATTEST: DANNY L. KOLHAGE, CLERK _ r CreL 1..17LL 4 r - tV 77 crN DEPUTY CLERK MONR• UNTYA,qJ�TORNEY A D AS TO FORM Date: /! - — i { MONROE COUNTY COURTHOUSE \\ BRANCH OFFICE: 500 WHITEHEAD STREET, SUITE 101 f bc ouH . PLANTATION KEY KEY WEST, FLORIDA 33040 Q F'•P GOVERNMENT CENTER TEL. (305) 294 - 4641 ° 7�' / 88820 OVERSEAS HIGHWAY FAx (305) 295 -3663 t l * 1 c j PLANTATION KEY, FLORIDA 33070 ° � 0. • o TEL. (305) 852 -7145 BRANCH OFFICE: ,1 1�c "` ` FAx (305) 852 - 7146 MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING MARATHON, FLORIDA 33050 50 HIGH POINT ROAD TEL. (305) 289 -6027 MONROE COUNTY PLANTATION KEY, FLORIDA 33070 FAx (305) 289 -1745 www.clerk -of- the- court.com TEL (305) 852 -7145 October 1, 2012 FAx (305) 853 -7440 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 Via Certified Mail 7012 1010 0003 4990 5033 Dear Ms. Cloud, Enclosed please find certified copies of the following: Ordinance No. 021 -2012 amending Monroe County Code Section 138 -28 and 138 -55 of the Monroe County Land Develoment Code, in order to revise the Residential Rate of Growth Ordinance (ROGO) and Nonresidential Rate of Growth Ordinance (NROGO) permit allocation scoring systems to adjust the ROGO and NROGO point values for the dedication of land designated as Tier III -A or which contains undisturbed wetlands and to assign negative points to Tier III parcels that contain submerged lands and/or wetlands requiring 100% open space pursuant to Policies 102.1.1 and 204.2.1 and that are located adjacent to or contiguous to Tier I properties, to be consistent with the amendments to the Comprehensive Plan. Ordinance No. 022 -2012 amending the Livable CommuniKeys Program Master Plan for Future Development of Big Pine Key and No Name Key, by amending the tier designation as directed by the Board of County Commissioners in Resolution 562 -2003, for property owned by Seacamp, having Real Estate Numbers 00112030- 000000, 00246950- 000000, 00246960 - 000000, 00246970 - 000000, 00264980 - 000000, 00246990 - 000000, 00274140- 000000, 00247150- 000000, 00247160- 000000, 00247170- 000000, and 00247180- 000000 from undesignated and Tier I to Tier III on Figure 2.1 (Tier Map for Big Pine Key and No Name Key), and amending the tier designation for the Seacamp property, as listed in Table 2.7, Institutional Uses. Ordinance No. 024 -2012 to amend Sections 138 -19, 138 -25, 138 -47 and 138 -52 of the Monroe County Code to require the submittal of updated building plans meeting the current Florida Building Code (FBC) and other life safety codes prior to issuance of a building permit, but after a ROGO or NROGO allocation is awarded. Ordinance No. 025 -2012 establishing Section 110 -144 of the Monroe County Code, creating a regulation directing Growth Management Division staff on how to review and act upon building permit applications for a site with a known unlawful use that is prohibited by the Land Development Code. Ordinance No. 026 -2012 amending Policies 101.4.22 and 205.2.7 and creating Policy 101.4.23 to address the clearing of upland native vegatation, as required to address the tasks identified in the 30 -day Reports from the Administrative Commission. Ordinance No. 027 -2012 amending Section 118 -9 of the Monroe County Land Development Code, in order to revise the regulations pertaining to the clearing of upland native vegetation and implement the recommendations of the Administrative Commission and the State Land Planning Agency (Department of Economic Opportunity) pursuant to Rule 28 -20, F.A.C. and the Policies of the Monroe County 2010 Comprehensive Plan. Ordinance No. 028 -2012 amending the Monroe County 2010 Comprehensive Plan, creating Policy 101.4.20 discouraging private applications for future land use changes which increase allowable density /intensity and creating a mechanism for increases density and intensity by donating IS lots (1:1 basis) or acreage (2:1 basis) to the County that contains non - scarified native upland habitat or wetland habitat. Ordinance No. 029 -2012 amending Policies 101.5.4 and 101.5.5 of the Monroe County 2010 Comprehensive Plan to allow within the allocation point system, the land dedication of wetland parcels and parcels designated Tier II and Tier III -A in exchange for points in the point systems. Ordinance No. 030 -2012 amending Policies 101.5.4 and 101.5.5 to revise the Permit Allocation Scoring Systems (ROGO and NROGO) to assign negative points to Tier III Parcels that contain submerged lands and or wetlands requiring 100% open space pursuant to Policies 102.1 and 204.2.1 and that are locted adjacent to or contguous to Tier I properties. Ordinance No. 031 -2012 amending Policy 101.20.2 to add Section 6 incorporating the Lower Keys Livable CommuniKeys Plan into the Monroe County 2010 Comprehensive Plan by reference. Ordinance No. 032 -2012 amending Policy 101.4.5 to revise the Mixed Use /Commercial (MC) Future Land Use Map (FLUM) category description and amending Policy 101.4.21 to assign the Maritime Industries (MI) Zoning District to the MC FLUM category, amending the maximum net density range from 6 -18 dwelling units per buildable acre to 2 -18 dwelling units per buildable acre and the including maximum intensity range for the MI zoning within the MC FLUM category, and to clarify the footnotes within the table. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on September 21, 2012. Please file for the record. Should you have any questions please feel free to contact me at (305) 295 -3130. Respectfully submitted, 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 County Attorney via e File/ U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT m m (Domestic Mail Only; No Insurance Coverage Provided) 0 For delivery information visit our website at www.usps.comn ■•ss "r• .P.M r z 1 Ir. h 1 0 tr Postag E�1rm! s M Certified Fee si 7 0 0 �ostmark Return Receipt Fee Here 0 (Endorsement Required) N Restricted Delivery Fee $0.1 - 0 r-R (Endorsement Required) �� //� j � .jS -- s 0 Total Poster pJ.:._ �. S III IFI 'r i Q li o rl Sent To Adrninibltdtive Cede and Wookly • ru R A_Gray_auilding. 0 Street, Apt. No lti or PO Box Nob 00 South Bronough Street Cit State, ZiF 4iiaF assee, Frortta -4250 PS Form 3800. August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. ❑ Agent X • Print your name and address on the reverse DEPT. OF STATE ❑ Addressee so that we can return the card to you. B. Received rated C. Date of Delivery • Attach this card to the back of the mailpiece, �'d.P* 5 or on the front if space permits. D. Is delivery address different from Item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No Program Administrator Administrative Code and Weekly R.A. Gray Building _ 500 South Bronough Street 3. Serice Type "allahassee, Florida 32399 - 0250 "" ❑ Retum M l ❑ Registered ❑ Return Receipt for Merchandise 61..o&- v:p.w 0 21 ,ot 2.. e 7. — 032_ ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7 012 1010 0003 4990 5 0 3 3 (Transfer from service label) PS Form 3811, February 2004 Domestic Retum Reesyi3 102595-02- M-1540 Atli sz r t 1 0)f) W I - - 141. FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State October 8, 2012 Honorable Danny L. Kolhage Clerk of the 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 1, 2012 and certified copies of Monroe County Ordinance Nos. 021 -2012, 022 -2012, and 024 -2012 thru 032 -2012 which were filed in this office on October 5, 2012. Sincerely, r 6 Liz Cloud Program Administrator LC/elr 3 r.-, - r7 — `r'1 N a � =P ° © c r-j N N O R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879 www.dos.state.fl.us