Item U3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21. 2004
Division: Growth Management
Bulk Item:
No ----X-
Department: Planning & Env. Resources
AGENDA ITEM WORDING: A public hearing to adopt an ordinance amending Section 9.5-122.3, Monroe County
Code, to prohibit the award ofROGO points for the aggregation oflots in specific areas. [One hearing only required]
ITEM BACKGROUND: Currently, the ROGO regulations permit applicants to receive three points for each lot that they
aggregate. This aggregation, while reducing the total number of lots that may be developed, increases the amount of clearing
that may be permitted for a single dwelling unit. For example, a lot with high quality hammock may be cleared up to 20%
for the single dwelling unit. In this case, if the size of the lot is doubled by aggregation, twice the amount of the hammock
may be cleared. This does not support the County's goal of the Florida Keys Carrying Capacity Study (FKCCS) to preserve
the upland natural vegetation areas of the Keys. Elimination of the three point award in areas designated for acquisition by
government agencies will ensure protection of the upland native vegetated areas.
PREVIOUS RELEVANT BOCC ACTION: At the August 20, 2003, regular meeting, the Board of County
Commissioners directed staff to prepare this amendment to the Land Development Regulations.
CONTRACT~GREEMENTCHANGES: NM
STAFF RECOMMENDATIONS: Approval.
N/A
BUDGETED: Yes
No
x
TOTAL COST:
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes
No X
AMOUNT PER MONTH
Year
DIVISION DIRECTOR APPROVAL:
Risk Management NI A
APPROVED BY: County Atty Yes
DOCUMENTATION: Included X
To Follow_
Not Required
DISPOSITION:
AGENDA ITEM #lli
~~
Planning Director
AMENDMENT TO THE MONROE
COUNTY LAND DEVELOPMENT
REGULATIONS
Board of County Commissioners
Meeting"'" Key West
April 21 , 2004
PROPOSED AMENDMENT TO MONROE COUNTY
LAND DEVELOPMENT REGULATIONS
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONS
AMENDING SEC. 9.5-122.3 OF THE MONROE COUNTY LAND DEVELOPMENT
REGULATIONS IN ORDER TO PROHIBIT THE AWARD OF ROGO POINTS FOR
AGGREGATION IN SPECIFIC AREAS. PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE OF ORDINANCES; AND DIRECTING THE PLANNING
DIRECTOR TO FORWARD A CERTIFIED COPY OF THIS ORDINANCE TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND PROVIDING AN EFFECTIVE
DATE.
Land Development Regulations Text Amendment
Staff
DRC
PC
Approval
Approval
Approval
January 15,2004
January 15,2004
March 10, 2004
Staff Report
Resolution#D04-04
Resolution #P11-04
Board of County
Commissioners Ordinance
ORDINANCE NO. -1004
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONS AMENDING SEe. 9.5-122.3 OF THE
MONROE COUNTY LAND DEVELOPMENT REGULATIONS
IN ORDER TO PROHJBIT THE A WARD OF ROGO POINTS
FOR AGGREGRA TION IN SPECIFIC AREAS. PROVIDING
FOR REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES; AND
DIRECTING THE PLANNING DIRECTOR TO FORWARD A
CERTIFIED COPY OF THIS ORDINANCE TO THE FLORJDA
DEPARTMENT OF COMMUNITY AFFAIRS AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the ROGO regulations currently permit applicants to receive three points for
each lot that they aggregate; and
WHEREAS. this aggregation, while reducing the total number of lots that can be
developed, increases the amount of clearing that may be pennitted for a single dwelling Wlit; and
WHEREAS, this would increase the amoWlt of hammock that may be cleared; and
WHEREAS, this does not support the County's goals or those of the Florida Keys
Carrying Capacity Study (FKCCS) recommendations of preserving the upland natural
vegetation; and
WHEREAS, public ownership of the upland native vegetated areas is the only way to
ensure their protection; and
WHEREAS, the Board of County Commissioners, at their meeting of August 20, 2003,
directed staff to prepare an amendment to RaGa removing the points for aggregating lots in
areas designated for acquisition by governmental agencies; and
WHEREAS, the Board fmds that there is a need to amend this section of the Land
Development Regulations in order to support the County's goals and the Florida Keys Carrying
Capacity Study (FKCCS) recommendations of preserving the upland natural vegetation; and
WHEREAS, the Board fmds that the proposed change is consistent with Section 9.5-
511 (d)(5) b. (iv) New Issues and (v) Recognition of a need for additional detail; and
WHEREAS, the Board finds that the proposed change is consistent with the goals of the
Monroe County Year 2010 Comprehensiv~ Plan; and
WHEREAS, this text change was reviewed and recommended for approval to the
Planning Commission at the DRC public meeting of January 15, 2004; and
WHEREAS, this text change was reviewed and recommended for approval at the
Planning Commission public hearing of March 10, 2004; and
WHEREAS, the Board of County Commissioners at their meeting of April 24, 2004 in
Key West. Florida reviewed the proposed amendment to Section 9.5-122.3, recommended by the
Planning Commission and Growth Management; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, TIlE FOLLOWING:
Section 1: PROPOSED TEXT CHANGES
I . underlined text is new.
Section 9.S~122.3 Evaluation criteria
(a)(3) Lot aggregation:
Additional requirements:
2. Points will not be awarded for lot aggregation within those areas prooosed for
acquisition by governmental agencies for the Domose of resource protection.
Section 2: If any section. subsection~ sentence, clause. item, change OT provision of this
ordinance is held invalid, the remainder shall not be affected by such invalidity.
Section 3: AIJ ordinances Of parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
SectiOD 4: The ordinance shaH be transmitted by the Planning Department to the Florida
Department of Community Affairs pursuant to the Florida Statutes.
Section S: This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida, but shall not become effective until a notice is issued by the Department of Community
Affairs or Administration Commission approving this ordinance.
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 , 2004.
Mayor Nelson
Mayor Pro Tern Rice
Commissioner McCoy
Commissioner Neugent
Conunissioner Spehar
By
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORJDA
By
(SEAL)
Attest: DANNY L.KOLHAGE, Cleric
Deputy Clerk
Board of County Commissioners
Staff Report
Planning and Environmental Resources
K. Marlene Conaway, Director
2798 Overseas Highway
Suite #400
Marathon, J10rida 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Board of County Commissioners
Mayor Murray Nelson, Dist. 5
Mayor Pro Tern David P. Rice Dist. 4
Comm. Charles "Sonny" McCoy, Dist. 3
Comm. George Neugent, Dist. 2
Comm. Dixie Spehar, Dist. 1
April 2, 2004
TO:
Board of County Commissioners
K. Marlene Conaway, Director Planning and Environmentali~
FROM:
DATE:
April 2, 2004
SUBJECT:
PROPOSED AMENDMENTS TO SEC. 9.S-122.3 OF THE MONROE
COUNTY LAND DEVELOPMENT REGULATIONS IN ORDER TO
PROHmIT THE AWARD OF ROGO POINTS FOR
AGGREGRA TION IN SPECIFIC AREAS.
I. BACKGROUND
Currently, the RaGa regulations permit applicants to receive three points for each lot
that they aggregate. This aggregation, while reducing the total number of lots that can be
developed, increases the amount of clearing that may be permitted for a single dwelling
unit. For example, a high quality hammock lot may be cleared of 20% of the hammock
for the development. In this case, if the size of the lot is doubled by aggregation, twice
the amount of the hammock may be cleared. This does not support the County's goals or
the Florida Keys Carrying Capacity Study (FKCCS) recommendations of preserving the
upland natural vegetation. Public ownership of the upland native vegetated areas is the
only way to ensure their protection. The Board of County Commissioners, at their
meeting of August 20,2003, directed staff to prepare an amendment to ROGO removing
the points for aggregating lots in areas designated for acquisition by governmental
agencIes.
This proposed amendment was reviewed and approved by the Development Review
Committee at its public meeting of January 15, 2004. The Planning Commission
recommended approval to the Board of County Commissioners at their meeting of March
10, 2004.
II. ANALYSIS & FINDINGS OF FACT
1. Staff finds that there is a need to amend these sections of the Land Development
Regulations in order to support the County's goals and the Florida Keys Carrying
K. Marlene Conaway
Page I
4/2/2004
Capacity Study (FKCCS) recommendations of preserving the upland natural
vegetation.
2. Staff finds that the proposed change is consistent with Section 9.5-511(d)(5) b. (iv)
New Issues and (v) Recognition of a need for additional detail.
3. Staff finds that the proposed change is consistent with the goals of the Monroe
County Year 2010 Comprehensive Plan.
III. PROPOSED CHANGES
I underlined text is new.
Section 9.5-122.3 Evaluation criteria
(a)(3) Lot aggregation:
Additional requirements:
3. Points will not be awarded for lot aggregation within those areas proposed for
acquisition by ~overnmental agencies for the purpose of resource protection.
IV. STAFFRECOMMENDATION
Based on the findings of fact, the staff recommends to the Monroe County Board of
County Commissioners APPROVAL of the text change to the Monroe County Land
Development Regulations.
Page 2 of2
P:\Conaway-Marlene\Documents\letters\a letterhead.doc
Planning Commission
Resolution
#Pll-04
PLANNING COMMISSION RESOLUTION P11-04
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW
COMMITTEE RECOMMENDING APPROVAL TO THE MONROE COUNTY
PLANNING COMMISSION OF THE REQUEST FILED BY THE MONROE
COUNTY PLANNING DEPARTMENT TO AMEND SEC. 9.5-122.3 OF THE
MONROE COUNTY LAND DEVELOPMENT REGULATIONS IN ORDER
TO PROHIBIT THE AWARD OF ROGO POINTS FOR AGGREGRA TION IN
SPECIFIC AREAS.
WHEREAS, the ROGO regulations currently permit applicants to receive
three points for each lot that they aggregate; and
WHEREAS, this aggregation, while reducing the total number of lots that
can be developed, increases the amount of clearing that may be permitted for a
single dwelling unit; and
WHEREAS, this would increase the amount of hammock that may be
cleared; and
WHEREAS, this does not support the County's goals or those of the
Florida Keys Carrying Capacity Study (FKCCS) recommendations of preserving
the upland natural vegetation; and
WHEREAS, public ownership of the upland native vegetated areas is the
only way to ensure their protection; and
WHEREAS, the Board of County Commissioners, at their meeting of
August 20, 2003, directed staff to prepare an amendment to ROGO removing the
points for aggregating lots in areas designated for acquisition by governmental
agencies; and
WHEREAS, the Commission finds that there is a need to amend this
section of the Land Development Regulations in order to support the County's
goals and the Florida Keys Carrying Capacity Study (FKCCS) recommendations
of preserving the upland natural vegetation; and
WHEREAS, the Commission finds that the proposed change is consistent
with Section 9.S-511(d)(S) b. (iv) New Issues and (v) Recognition of a need for
additional detail; and
WHEREAS, the Commission finds that the proposed change is consistent
with the goals of the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, this text change was reviewed and APPROVED at the DRC
public meeting of January 15, 2004;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding
findings of fact support their decision to recommend APPROVAL to the Monroe
County Board of County Commissioners of the following amendment to the text
of the Monroe County Land Development Regulations as requested by the
Monroe County Planning Department:
I. PROPOSED TEXT CHANGES
I . underlined text is new.
Section 9.5-122.3 Evaluation criteria
(a)(3) Lot aggregation:
Additional requirements:
2. Points will not be awarded for lot aaoreoation within those areas
proposed for acquisition bv oovernmental aoencies for the purpose of
resource protection.
[Balance of this page is intentionally left blank]
PASSED AND ADOPTED By the Planning Commission of Monroe County,
Florida at a regular meeting held on the 10th day of March, 2004.
Lynn C. Mapes, Chair
David C. Ritz, Vice Chair
Jiulio Margalli, Commissioner
Denise Werling, Commissioner
James D. Cameron, Commissioner
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
Lynn C. Mapes, Chair
Signed this
day of
,2004.
YES
YES
YES
YES
YES
Development Review
Resolution
#D7-04
Dated & Signed
on February 26, 2004
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION #D7.Q4
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW
COMMITTEE RECOMMENDING APPROVAL TO THE MONROE COUNTY
PLANNING COMMISSION OF THE REQUEST FILED BY THE MONROE
COUNTY PLANNING DEPARTMENT TO AMEND SEC. 9.5-122.3 OF THE
MONROE COUNTY LAND DEVELOPMENT REGULATIONS IN ORDER
TO PROHIBIT THE AWARD OF ROGO POINTS FOR AGGREGRATION IN
SPECIFIC AREAS.
WHEREAS, the ROGO regulations currently permit applicants to receive
three points for each lot that they aggregate; and
WHEREAS, this aggregation, while reducing the total number of lots that
can be developed, increases the amount of clearing that may be permitted for a
single dwelling unit; and
WHEREAS, this would increase the amount of hammock that may be
cleared; and
WHEREAS, this does not support the County's goals or those of the
Florida Keys Carrying Capacity Study (FKCCS) recommendations of preserving
the upland natural vegetation; and
WHEREAS, public ownership of the upland native vegetated areas is the
only way to ensure their protection; and
WHEREAS, the Board of County Commissioners, at their meeting of
August 20, 2003, directed staff to prepare an amendment to ROGO removing the
points for aggregating lots in areas designated for acquisition by governmental
agencies; and
WHEREAS, the Commission finds that there is a need to amend this
section of the Land Development Regulations in order to support the County's
goals and the Florida Keys Carrying Capacity Study (FKCCS) recommendations
of preserving the upland natural vegetation; and
WHEREAS, the Commission finds that the proposed change is consistent
with Section 9.5-511 (d)(5) b. (iv) New Issues and (v) Recognition of a need for
additional detail; and
Page 1 of 3
Initia'~
DRC RESO D7-04
WHEREAS, the Commission finds that the proposed change is consistent
with the goals of the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, this text change was reviewed and APPROVED at the DRC
public meeting of January 15, 2004;
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding findings of
fact support their decision to recommend APPROVAL to the Monroe County
Planning Commission of the following amendments to the text of the Monroe
County Land Development Regulations as requested by the Monroe County
Planning Department:
I. PROPOSED TEXT CHANGES
I .
underlined text is new.
I
Section 9.5-122.3 Evaluation criteria
(a)(3) Lot aggregation:
Additional requirements:
2. Points will not be awarded for lot aaareaation within those areas
proposed for acquisition bv aovernmental aaencies for the purpose of
resource protection.
[balance of this page is intentionally left blank]
Page 2 of 3
ORC RESO 07-04
Initial~
PASSED AND ADOPTED By the Development Review Committee of Monroe
County, Florida at a regular meeting held on the 15th day of January, 2004.
Fred Gross, Director, Lower Keys Planning Team (Chair) YES
Aref Joulani, Development Review and Design Senior Administrator YES
Ralph Gouldy, Environmental Resources Senior Administrator YES
Department of Health (by fax) YES
Department of Public Works (by fax) YES
Department of Engineering (by fax) YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA
By
cr. ~
FrEid Gross, DCR Chair
Signed this 1d2..day of February, 2004
Page 3 of 3
ORC RESO 07-04
InitiaJ~