Item B2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17,2005 Division: Growth Management
Bulk Item: Yes No X Department: Planning
Staff Contract Person: Marlene Conaway
AGENDA ITEM WORDING:
Public hearing to consider adopting a DCA Transmittal Resolution amending the Monroe County Year
201 0 Comprehensive Plan to change the Rate of Growth Ordinance (ROGO) and the Non-Residential
Rate of Growth Ordinace (NROGO) to utilize the Tier Overlay as the basis for the competitive point
system. deleting, revising and adding policies, objectives and requirements for the implementation of
Goal 105 of the 2010 Comprehensive Plan and the Tier Overlay District.
[1 st of 2 required public hearings]
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 201 0 Comprehensive Plan and Rule 28-20.1 00 F.A.C. The Planning
Commission reviewed the staff draft at four public hearings, amended the draft and recommend
approval. Several stakeholder forums and two community workshops were held to review the proposed
amendments. Staff is recommending that the initial public hearing on the Transmittal Resolution be
continued and held in each area, before its adoption. This is a continuation of the Hearing held on
February 16, 2005. Proposed revisions to draft ordinance made by staff since February hearing are
shown with a bold underline for additions and with a double strikethrough for deletions and are
summarized in the staff's cover memorandum.
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
TOT AL COST: N/A BUDGETED: Yes N/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 ----'L- OMB/Purchas~ng _RiSktl"lffement _
, .
i /
DIVISION DIRECTOR APPROVAL: i
CP)
DOCUMENT A TION: Included X
DISPOSITION: AGENDA ITEM #
.
.
.
COMPREHENSIVE PLAN AMENDMENTS
TO AMEND THE ROGO AND NROGO SECTIONS TO
IMPLEMENT THE TIER OVERLAY DISTRICT
TRANSMITTAL RESOLUTION TO
THE DEPARTMENT OF COMMUNITY AFFAIRS
BOARD OF COUNTY COMMISSIONERS
MARA THON - EOC
~ -'
.
.
RESOLUTION NO. 2005
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS TRANSMITTING TO THE
DEPARTMENT OF COMMUNITY AFFAIRS THE REQUEST
FILED BY THE PLANNING AND ENVIRONMENTAL
RESOURCES DEPARTMENT TO AMEND THE MONROE
COUNTY 2010 COMPREHENSIVE PLAN TO CHANGE THE
RATE OF GROWTH ORDINANCE (ROGO) AND THE NON-
RESIDENTIAL RATE OF GROWTH ORDINACE (NROGO) TO
UTILIZE THE TIER OVERLAY AS THE BASIS FOR THE
COMPETITIVE POINT SYSTEM; DELETING, REVISING AND
ADDING POLICIES, OBJECTIVES AND REQUIREMENTS FOR
THE IMPLEMENTATION OF GOAL 105 OF THE 2010
COMPREHENSIVE PLAN AND THE TIER OVERLAY DISTRICT.
WHEREAS, the Monroe County Board of County Commissioners, during three
public hearings held in December, 2004 and January and February 2005, for the purposes
of considering the transmittal to the Florida Department of Community Affairs for review
and comment, a proposed amendment to the Monroe County Year 2010 Comprehensive
Plan, the Land Development Regulations and the Land Use District Map; and
WHEREAS, the Planning Commission and the Monroe County Board of County
Commissioners support the requested amendments to the Monroe County Year 201 0
Comprehensive Plan, the Land Development Regulations and the Land Use District Map;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Section 1. The Board of County Commissioners does hereby adopt the
recommendation of the Planning Commission pursuant to the draft ordinance for the
adoption of the proposed amendments to the Monroe County Year 2010 Comprehensive
Plan, the Land Development Regulations and the Land Use District Map; and
,
Section 2. The Board of County Commissioners does hereby transmit the proposed
amendments to the Florida Department of Community Affairs for review and comment in
accordance with the provisions of Sections 163.184 and 380.0522, Florida Statutes; and
Section 3. The Monroe County Staff is given the authority to prepare and submit the
required transmittal letter and supporting documents for the proposed amendment in
accordance with the requirement of 9J-11.006 of the Florida Administrative Code; and
Section 4. The Clerk of the Board is hereby directed to forward a copy of this
resolution to the Director of Planning and Environmental Resources.
10f2 Initials ~
.
.
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.,
2005.
Mayor Dixie Spehar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
Commissioner Murray E. Nelson
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY:
Mayor/Chairperson
(Seal)
A TTEST: DANNY 1. KOLHAGE, CLERK
Oale:
DEPUTY CLERK
2of2 Initials
.
PROPOSED AMENDMENTS TO THE COMPREHENSIVE
PLAN TO CHANGE THE ROGO AND NROGO POLICY
SECTIONS TO INCLUDE USE OF THE TIER OVERLA Y
DISTRICT
THE BOCC ORDINANCE
This ordinance will amend the Monroe County 2010 Comprehensive Plan to change the Rate of
Growth Ordinance (ROGO) and the Non-Residential Rate of Growth Ordinance (NROGO) to
utilize the Tier Overlay as the basis for the competitive point system. The changes will be
implemented by deleting, revising and adding policies, objectives and requirements to Goal 105
of the 2010 Comprehensive Plan and the Tier Overlay district.
[1st of2 required public hearings]
BOARD OF COUNTY COMMISSIONERS
MARATHON EOC ROOM
"
ORDINANCE NO. 2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE
COUNTY 2010 COMPREHENSIVE PLAN TO CHANGE THE RATE OF
GROWTH ORDINANCE (ROGO) AND THE NON-RESIDENTIAL RATE
OF GROWTH ORDINACE (NROGO) TO UTILIZE THE TIER
OVERLAY AS THE BASIS FOR THE COMPETITIVE POINT SYSTEM;
CREATING A LOTTERY SYSTEM OPTION; DELETING, REVISING
AND ADDING POLICIES, OBJECTIVES AND REQUIREMENTS FOR
THE IMPLEMENTATION OF GOAL 105 OF THE 2010
COMPREHENSIVE PLAN AND THE TIER OVERLAY DISTRICT BY
DELETING POLICIES 101.4.20, 102.9.5, 102.9.6, 103.2.2, 207.1.2,207.10.5,
207.12.6 AND OBJECTIVE 1201.13. AND REVISING POLICIES 101.4.22,
101.14.1, 102.1.1, 102.4.1, 102.4.2, 102.4.3, 102.4.4, 102.4.5, 102.4.6, 102.4.7,
102.7.3, 102.8.1, 102.8.5, 102.9.1, 102.9.2, 102.9.3, 102.9.4, 103.2.1, 205.1,
205.1.1, 205.1.2, 205.1.3, 205.1.4, 205.1.5, 205.1.6, 205.2.1, 205.2.2, 205.2.6,
205.2.7, 205.2.14, 205.5.1, 205.5.2, 207.1.2 AND REVISE OBJECTIVE
102.4, 102.9, 201.1, 205.2 and 205.5, OF THE 2010 COMPREHENSIVE
PLAN; 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 three public
hearings held in December, 2004 and January and February 2005, reviewed and considered the
proposed amendments to the 2010 Comprehensive Plan to utilize the Tier overlay maps as the
basis for the competitive ROGO and NROGO point systems, limiting development of public
facilities to Tier II and Tier III, and amendments to exempt affordable and employee housing
from the competitive system; and
WHEREAS, the Monroe County Board of County Commissioners directed staff to
prepare text and map amendments in Ordinance No. 018-2004 adopted June 16,2004, to include:
Tier Overlay Map designations in accordance with Goal 105; revisions to ROGO and NROGO
based on the Tier system utilizing a positive approach that predominately relies on land
dedication and aggregation; and revisions to the environmental regulations based on the Tier
system rather than the existing Habitat Evaluation Index; and
WHEREAS, 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; and
pccomp-ROGO NROGO,amend Page 1 0[27
WHEREAS, Tier Maps were developed following the criteria in Goal 105, utilizing
computer mapping (GIS), identifying areas appropriate for additional development and those
which are important environmentally and should be preserved; and
WHEREAS, the boundaries for the Tier Maps were drawn using environmental and
development information and digital data from the Florida Keys Carrying Capacity Study
(FKCCS), the Planning Department and the Property Appraisers Office and refined through site
visits by the County Biologists and Planners; and
WHEREAS, the proposed ROGO is a positive system, awarding major points for the
Tier location of property: Tier III - +30 points; Tier II - +20 points; Tier I - 0 points. Points may
be accrued by donating lots to the County for preservation in Tier I and Tier II. Additional points
can be gained in Tier II and Tier III by aggregating lots; and
WHEREAS, a separate point system has been included for Big Pine Key and No Name
Key that follows the requirements of the Habitat Conservation Plan permit application and the
Livable CommuniKeys Master Plan for the Islands; and
WHEREAS, ROGO has been completely redrafted utilizing the Tier System as the basis.
The habitat protection and reduction of sprawl, which are the planning reasons for most of the
points were considered during drafting and are the basis of the Tier maps. The sustainability
points, water and energy conservation, are more appropriately addressed in the building code; and
WHEREAS, in response to a BOCC directive the points for lot dedication were modified
to award a point for each 5,000 square feet of a Suburban Residential (SR) platted lot. An
Improved Subdivision (IS), Urban Residential Mobile Home (URM) and Commercial Fishing
Village (CFV) platted lot will receive four points and the single point value for unbuildable
platted Suburban Residential (SR) lots reflects the comparative buildability; and
WHEREAS, the proposed NROGO has been redrafted using the Tier system as the basis
for awarding points dependent on the location of a property. Additional points may be accrued by
dedicating lots, reducing intensity and through landscaping and water conservation; and
WHEREAS, applications for non-residential floor area which include employee housing
as part of the development plan will receive up to four additional points in NROGO; and
WHEREAS, 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 ROGO and NROGO in the 2010 Comprehensive
Plan; and
WHEREAS, the Planning and Environmental Resources Department has made minor
changes to the proposed draft based on direction of the Planning Commission, including minor
text revisions to ensure readability and correct typographical errors or omissions in the text and
recommends approval of the proposed amendment to the 2010 Comprehensive Plan; and
WHEREAS. the Board of County Commissioners has directed staff to prepare further
amendments to the amendments recommended bv the Plannin~ and Commission: and.
pccomp.ROGO NROGO,amend Page 2 of 27
WHEREAS, the Board of County Commissi oners has reviewed the proposed
amendments to the 2010 Comprehensive Plan which amend ROGO and NROGO and finds the
proposed amendments are consistent with and furthers goals, objectives and policies of the Year
2010 Comprehensive Plan, particularly Goal 105 and recently adopted set of comprehensive plan
amendments to effectuate the Tier system~~
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1: Amend Policy 101.2.3 as follows:
Policy 101.2.3
The Permit Allocation System for new residential (RaGa) development shall specify
procedures for:
L annual adjustment of the number of permits for new residential units to be issued
during the next year based upon, but not limited to the following:
u. the number of permits for new residential units issued during the prc'/ious
year, including permits '.yhich did not result in completed units or active
progress tov/Urds such completion as defined by the Land Development
Regulations; und
b. application of the updated transportation model of the Lovier Southeast
Florida Hurricane Evacuation Study every five years or when warranted
by implementation of road'Nay capacity improvements, ne'N behavioral
data, or substantiul chunges in development patterns (soe Conservation and
Coastal Management Element Policy 216.1.5);
a. expired allocations and building permits in previous year;
b. allocations available, but not allocated in previous year;
c. number of allocations borrowed from future quarters;
d. vested allocations;
e. modifications required or provided by this plan or agreement pursuant to
Chapter 380, Florida Statutes;
f. receipt or transfer of affordable housing allocations by intergovernmental
agreement; and
2. allocation of single and multi family unit types affordable and market rate
housing units in accordance with Policy 101.2.4; ftft€i
3. distribution of allocations to be made available for market rate housing units in
the competitive and lottery ROGO systems: and,
pccomp-ROGO NROGO.amend Page 3 of 27
~4. timing of the acceptance of applications, evaluation of applications, and issuance
of permits for new residential development during the calendar year.
Section 2. Amend Policy 101.2.4 as follows:
Policy 101.2.4
Monroe County shall allocate at least 20 percent of residential (non-transient) growth to affordable
housing units as part of the Permit Allocation System. Any portion of the 20 percent allocation not
used for affordable housing shall be retained and be made available for affordable housing from
ROGO year to ROGO year. Affordable housing eligible for this separate allocation fllliSt shall meet
the criteria specified in Policy 601,1.7. and shall not be subject to the Residential Permit Allocation
and Point System in Policy 101.5.4. The parcel proposed for affordable housing development shall
not be located in an acquisition area and shall not qualify fur negative points according t-o the criteria
specified under Hubitat Protection and Threatened or Enck1ngered Animal Species in Policy
101.5. 4; hmvever, properties designated Residential High shall be exempted from this prohibition.
within an area designated as Tier I as set forth under Goal 105.
Section 3. Amend Policy 101.3.1 as follows:
Policy 101.3.1
Monroe County shall maintain a balance between residential and non-residential growth
by limiting the gross square footage of non-residential development over the 15 year
planning horizon in order to maintain a ratio of approximately 239 square feet of new
non-residential development for each new residential unit permitted through the
Residential Permit Allocation System. This ratio may be modified from time to time
through amendments to the land development regulations based upon market and other
relevant studies as required by policy 101.3.5. The ratio for commercial allocation shall
be revised upon completion of the economic baseline analysis required by policy 101.3.5
which shall be completed no later than January 4, 1997. The commercial allocation
allowed by this policy shall be uniformly distributed over the 15 year planning horizon on
an annual basis, consistent with the Residential Permit Allocation System as set forth in
Policy 101.2.1. \Vithin one year of the effective date of this plan, Monroe County shall
amend this policy to specify the annual allowable square footage based upon the number
of residential units allo'::ed by year using the ratio set forth in this policy.
Section 4. Amend Policy 101.3.3 as follows:
Policy 101.3.3
The Permit Allocation System for new non-residential (NROGO) development shall
specify procedures for:
1. the annual adjustment of the square footage allocated for e.f new non-
residential development to be permitted during the next year based upon"
but not limited to:
a) the square footage ef allocated for new non-residential
development completed that expired during the previous year;
pccomp-ROGO NROGO.amend Page 4 of27
b) strict regulations regarding completion schedules of permitted
activities shull be developed and enforced to preclude repeuted
rene\vul of expired permits; und
b) the amount of square footage available for allocations but not
allocated in previous year;
c) modifications required or provided by this plan; and,
d) receipt or transfer of floor area by intergovernmental agreement.
2. maintaining a ratio of approximately 239 square feet of new non-
residential development for each new residential unit permitted through
the Permit Allocation System, as may be amended from time to time in
accordance with Policy 101.3.1; and,
3. timing of the acceptance of applications, evaluation of applications, and
issuance of permits for new non-residential development during the
calendar year.
Section 5. Amend Policy 101.3.4 as follows:
Policy 101.3.4
Public facilities shall be exempted from the requirements of the Permit Allocation System for new
non-residential development. Except within Tier I designated areas under Goal 105, Gcertain
development activity by federally tax-exempt not-for-profit educational, scientific, health, religious,
social, cultural, and recreational organizations may be exempted from the Pennit Allocation System
by the Board of County Commissioners after review by the Planning Commission upon a finding
that such activity will predominately serve the County's non-transient population. All public and
institutional uses that predominately serve the County's non-transient population and which house
temporary residents shall be included in the Permit Allocation System for residential development,
except upon factual demonstration that such transient occupancy is of such a nature so as not to
adversely impact the hunicane evacuation clearance time of Monroe County.
Section 6. Amend Policy 101.3.5 as follows:
Policy 101.3.5
By January 4, 1998 July 2005, Monroe County shall complete fI: an economic base
analysis market demand analysis and economic assessment in order to determine the
demand for future non-residential development in Monroe County and planning sub-
areas. The non-residential development allocation and Future Land Use Map (FLUM)
designations for non-residential uses shall be may be revised based upon the results of
this study, and other relevant policy and economic studies and data and provide the basis
for preparing specific amendments to the comprehensive plan to incorporate goals,
obiectives and policies on economic development including tourism. The economic base
analysis will address existing non-residential uses, vacancy rates, economic trends and
demand for non-residential uses by planning sub-area.
pccomp-ROGO NROGO.amend Page 5 of 27
Section 7. Amend Policy 101.4.21 by adding (i) under "Notes" in the table entitled "Future Land Use
Densities and Intensities" that reads as follows:
(i) The Maximllill Net Density is the maximum density allowable with the use of TDRs.
Section 8. Amend Objective 101.5 as follows:
Objective 101.5
Monroe County shall implement a Point System based primarily on the Tier system of
land classification in accordance with Goal 1 05, which directs future growth in order to:
1. encourage the redevelopment and renewal of blighted areas [9J-5.006(3)(b)2];
2. maintain and enhance the character of the community [9J-5.006(3)(b)3];
3. protect natural resources [9J-5.006(3)(b)4];
4. encourage a compact pattern of development [9J-5.006(3)(b)7]; aH:El
5. encourage the development of affordable housing; and,
6. encourage development in areas served by central wastewater treatment systems.
Section 9. Amend Policy 101.5.1 as follows:
Policy 101.5.1
By January 1, 1997, Monroe County shall adopt through its land development regulations
a new Point System for residential (ROGO) and non~residential (NROGO) development
to replace the existing Point System by no later than July L 2005. Except for affordable
housing, this Point System, as set forth in Policy 101.5.4 for residential development and
Policy 101.5.5 for non-residential development, whielt shall be used as a basis for
selecting the development applications which are to be issued permits through the
competitive Permit Allocation System pursuant to Policy 101.5.5 and Policy 101.5.7 fsoo
P01i€)' 191.2.1). For market rate housing units or non-residential develoDment to be
awarded allocations under the competitive Permit Allocation System. +the Point System
shall specify positive point factors which shall be considered as assets and shall specify
negative point factors which shall be considered as liabilities in the evaluation of
applications for new residential and non-residential development. For market rate
housing units to be awarded allocations under the lotterv Permit Allocation System
pursuant to Policy 101.5.6. the Point Svstem shall sDecify the minimum threshold number
of points reauired to be eligible for selection.
Section 10. Amend Policy 101.5.2 as follows:
Policy 101.5.2
In order to encourage a compact fonn of residential growth, the Point System shall assign positive
point ratings to applications for new residential development which "w:lU:ld that resultfi in infill
development in platted, improved subdivisions . the Point System shall be primarily based on the
Tier system ofland classification as set forth under Goa1105. [9J-5.006(3)(c)1 and 6]
pccomp-ROGO NROGO.amend Page 6 of27
Section 11. Amend Policy 101.5.3 as follows:
Policy 101.5.3
In order to encourage a compact form of non-residential growth, the Permit Allocation
System shall limit and direct the umount of new non-residential development primarily to
areas designated as Tier III under Goal 105 and provide incentives for redevelopment of
existing developed and vacant infill sites. (See Policy 101.3.1.) [9J-5.006(3)(c) 1]
Section 12. Create a new Policy 101.5.4 that reads as follows:
Policy 101.5.4
In addition to a competitive process for the selection of develooment applications for new market
rate housing, which are to be issued oennits through the Residential Pennit Allocation System,
Monroe County mav implement through its land development regulations a lottery selection
process. The competitive selection process is intended to ~ve applicants who need certainty in the
Pennit Allocation SYStem the ability to compete with other applicants through a competitive points
system that they can directlv influence, such as by aggregation of lots or dedication ofland to the
County for conservation and resource protection or affordable housing. The lottery selection
process, which shall provide that each eligible aoolication will have an equal chance to be selected.
is intended to give apolicants an increased opportlmitv to receive an allocation award. who mav not
have the financial resources to be successful under a solelv comoetitive scoring system.
Section 13. Delete existing Policy 101.5.4 and create a new Policy 101.5.5 that reads as follows:
Policy 101.5.5
Monroe County shall implement the residential Permit Allocation and Point System
through its land development regulations based primarily on the Tier system of land
classification as set forth under Goal 105. The points are intended to be applied
cumulatively.
1. Tier Designation - Utilizing the Tier System for land classification in Policy
105.2.1, the following points shall be assigned to allocation applications for
proposed dwelling units in a manner that encourages development of infill in
predominately developed areas with existing infrastructure and few sensitive
environmental features and discourages development in areas with environmentally
sensitive upland habitat which must be acquired or development rights retired for
resource conservation and protection.
Criteria:
Point Assignment:
0 Proposes a dwelling
unit wi thin areas
designated Tier I
[Natural Area].
pccomp-ROGO NROGO.amend Page 7 of 27
+10 Proposes development
within areas designated
Tier II [Transition and
Sprawl Reduction
Area] on Big Pine or
No Name Key.
+20 Proposes development
within areas designated
Tier II[Transition and
Sprawl Reduction Area]
outside of Big Pine or
No Name Key.
+20 Proposes development
within areas designated
Tier III [Infill Area] on
Big Pine or No Name
Key.
+30 Proposes development
within areas designated
Tier III [Jnfill Area]
outside of Big Pine or
No Name Key.
2. Big Pine and No Name Keys - The following negative points shall be cumulatively
assigned to allocation applications for proposed dwellings to implement the Big
Pine Key and No Name Key Habitat Conservation Plan and the Livable
CommuniKeys Community Master Plan.
Point Assignment: Criteria:
-10 Proposes development
on No Name Key.
-10 Proposes development
in designated Lower
Keys Marsh Rabbit
habitat or buffer areas
as designated in the
Community Master
Plan.
-10 Proposes development
in Key Deer Corridor
as designated in the
Community Master
Plan.
pccomp-ROGO NROGO.amend Page 8 of 27
3. Lot Aggregation - The following points shall be assigned to allocation applications
to encourage the voluntary reduction of density through aggregation of legally
platted buildable lots within Tier II and Tier III areas.
Point Assignment: Criteria:
+4 Proposes to aggregate
a contiguous vacant,
legally platted lot
within a Tier II or Tier
III area with sufficient
lot size and upland
area to be buildable
together with the
, parcel proposed for
development.
+4 Each additional
contiguous vacant,
legally platted lot
which is aggregated in
Tier II or III area that
meets the
aforementioned
requirements will earn
additional points as
specified.
4. Land Dedication - The following points shall be assigned to allocation
applications to encourage the voluntary dedication of vacant, buildable land within
Tier I and Tier II designated areas and certain legally platted lots and unplatted
parcels in Tier I that are of insufficient size to be buildable for the purposes of
conservation, resource protection, restoration or density reduction and, if located in
Tier II or Tier III, for the purpose of providing land for affordable housing where
appropriate.
Point Assignment: Criteria:
+4 Proposes dedication to
Monroe County of one
vacant, legally platted
lot of sufficient
minimum lot size and
upland area to be
buildable. Each
additional vacant,
legally platted lot that
meets the
aforementioned
pccomp-ROGO NROGO.amend Page 9 of 27
requirements will earn
points as specified.
+ 1 for each 5,000 square feet of lot size Proposes dedication to
Monroe County of a
, vacant, legally platted
lot of 5,000 square
feet or more in size,
designated as
Residential Low with
a maximum net
density within a Tier I
area and containing
sufficient upland area
to be buildable. Each
additional vacant,
legally platted lot that
meets the
aforementioned
requirements will earn
points as specified.
+0.5 Proposes dedication to
Monroe County of one
(1) vacant, legally
platted lot of at least
5,000 square feet in
size within a Tier I
area, designated as
Residential
Conservation, or
Residential Low with
no maximum net
density, containing
sufficient upland to be
buildable. Each
additional vacant,
legally platted lot that
meets the
aforementioned
requirements will earn
points as specified.
+4 Proposes dedication to
Monroe County of at
least one (1) acre of
vacant, unplatted land
located within a Tier I
area containing
sufficient upland to be
pccomp-ROGO NROGO.amend Page 10 of27
buildable. Each
additional one (l)
acre of vacant,
unplatted land that
meets the
aforementioned
requirements will earn
points as specified.
5. Market Rate Housing in Employee or Affordable Housing Project- The
following points shall be assigned to allocation applications for market rate housing
units in an employee or affordable housing project:
Point Assignment: Criteria:
+3 Proposes a market rate
housing unit which is
part of an affordable
or employee housing
project; both
affordable and
employee housing
shall meet the policy
guidelines for income
in Policy 601.1.7 and
other requirements
pursuant to the Land
Development
Regulations.
6. Special Flood Hazard Areas ~ The following points shall be assigned to allocation
applications for proposed dwelling unit(s) to provide a disincentive for locating
within certain coastal high flood hazard areas:
Point Assignment: Criteria:
-4 Proposes development
within "V" zones on
the FEMA flood
insurance rate maps.
7. Central Wastewater System Availability - The following points shall be assigned
to allocation applications:
Point Assignment: Criteria:
+4 Proposes development
pccomp-ROGO NROGO.amend Page 11 of27
required to be
connected to a central
wastewater treatment
system that meets the
BAT/A WT treatment
standards established
by Florida Legislature
and Policy 901.1.1.
8. Perseverance Points - One (1) point shall be awarded for each year that the
allocation application remains in the allocation system up to a maximum
accumulation of four (4) points.
9. Pavment to the Land Acquisition Fund - Up to three (3) points shall be awarded
for a monetary pavment by the aoplicant to the County's land acquisition fund for
the purchase of lands for conservation. and retirement of development rights. The
monetary value of each ooint shall be set annually by the County based uoon the
average ad valorem valuation of all vacant orivately-owned ISfURM zoned platted
lots on the current Monroe County Real Property Tax Roll.
Section 14. Create a new Policy 101.5.6 that reads as follows:
Policy 101.5.6
In addition to a comnetitive selection process as set forth in Policy 101.5.5. Monroe
County may imnlement a lottery selection orocess for awarding the allocation of market
rate housing in the Residential Penuit Allocation and Point system thorough its land
development regulations based primarilv on the Tier system of land classification as set
forth under Goal 105. To be eligible for the lottery selection process. an apolication shall
be required to have a minimum of 30 points and shall not be for any deyelooment
proposed on Big Pine Key or No Name Key. The ooints are intended to be apolied
cumulatively.
1. Tier Deshmation - Utilizing the Tier System for land classification in Policy
105.2.1. the following: Doints shall be assigned to allocation applications for
proposed dwelling units in a manner that encourages develooment of infil1.
predominately deve100ed areas with existinlf infrastructure and few sensitive
environmental features.
Point Assignment: Criteria:
0 Proposes a dwelling unit within areas
designated Tier I [Natural Area].
+20 Proposes development within areas
designated Tier II[Transition and
Sprawl Reduction Area].
pccomp-ROGO NROGO.amend Page 12 of 27
+30 Proposes development within areas
designated Tier III [Infill Area].
2. Lot Ag~re~ation - The following points shall be assigned to allocation applications
to provide a miti~ation option for development outside of Tier III designated areas
through reduction of densitv by the ag~egation of legally platted buildable lots
within Tier II and Tier III areas.
Point Assignment: Criteria:
+4 Proposes to aggregate a contiguous
vacant, legally platted lot within a
Tier II or Tier III area with sufficient
lot size and upland area to be
buildable together with the parcel
proposed for development.
+4 Each additional contiguous vacant,
legally platted lot which is aggregated
in Tier II or III area that meets the
aforementioned requirements will earn
additional points as specified.
3. Land Dedication - The following points shall be assigned to allocation
applications to provide a mitigation option for development outside of Tier III
designated areas through the dedication of vacant buildable land within Tier I and
Tier II designated areas and certain legally. platted lots and unplatted parcels in
Tier I that are of insufficient size to be buildable for the pUll10ses of conservation.
resource protection. restoration or densitv reduction. and if located in Tier II or Tier
III. for the oUIJlose of providing land for affordable housing where aopropriate.
Point Assignment: Criteria:
+4 Proposes dedication to
Monroe County of one
vacant, legally platted
lot of sufficient
minimum lot size and
upland area to be
buildable. Each
additional vacant,
legally platted lot that
meets the
aforementioned
. requirements will earn
points as specified.
pccomp-ROGO NROGO.amend Page 13 of 27
+1 for each 5,000 square feet of lot size Proposes dedication to
Monroe County of a
vacant, legally platted
lot of 5,000 square feet
or more ill SIze,
designated as
Residential Low with
maximum net density
within a Tier I area
and containing
sufficient upland area
to be buildable. Each
additional vacant,
legally platted lot that
meets the
aforementioned
requirements will earn
points as specified.
+0.5 Proposes dedication to
Monroe County of one
(1) vacant, legally
platted lot of at least
5,000 square feet in
size within a Tier I
area, designated as
Residential
Conservation, or
Residential Low with
no maximum net
density, containing
sufficient upland to be
buildable. Each
additional vacant,
legally platted lot that
meets the
aforementioned
requirements will earn
points as specified.
+4 Proposes dedication to
Monroe County of at
least one (1) acre of
vacant, unplatted land
located within a Tier I
area containing
sufficient upland to be
buildable. Each
additional one (1) acre
pccomp~ROGO NROGO.amend Page 14 of 27
of vacant, unplatted
land that meets the
aforementioned
requirements will earn
points as specified.
4. Special Flood Hazard Areas - The following points shall be assigned to allocation
applications for proposed dwelling unites) to provide a disincentive for locating
within certain coastal high flood hazard areas:
Point Assignment: Criteria:
-4 Proposes development
within "V" zones on
the FEMA flood
insurance rate maps.
5. Central Wastewater System Availability - The following points shall be assifP1ed
to allocation apolications:
Point Assignment: Criteria:
+4 Proposes
development required
to be connected to a
central wastewater
treatment system that
meets the BAT/AWT
treatment standards
established by Florida
Legislature and Policy
901.1.1.
6. Perseverance Points - One (1) to two (2) points shall be awarded for each year that
the allocation application remains in the allocation svstem.
7. Payment to the Land Acquisition Fund - Up to three (3) points shall be awarded
for a monetary pavment bv the aoolicant to the County's land acquisition fund for
the ourchase of lands for conservation.and retirement of development rights. The
monetarv value of each point shall be set annually bv the County based upon the
average ad valorem valuation of all vacant privately-owned IS/URM zoned platted
lots on the current Monroe County Real Prooerty Tax Roll.
pccomp-ROGO NROGO.amend Page 15 of 27
Section 15. Delete Policy 101.5.5 in its entirety and replace with new Policy 101.5.7 that
reads as follows:
Policy 101.5.7
Monroe County shall implement the non-residential Permit Allocation and Point System
through its land development regulations based primarily on the Tier system of land
classification pursuant to Goal 1 05. The points are intended to be applied cumulatively.
1. Tier Designation - Utilizing the Tier System for land classification in Policy
105.2.1, the following points shall be assigned to allocation applications for
proposed non-residential development in a manner that encourages development of
infill in predominately developed areas with existing infrastructure, commercial
concentrati ons, and few sensitive environmental features, and discourages
development in areas with environmentally sensitive upland habitat, which must be
acquired or development rights retired for resource conservation and protection:
Point Assignment: Criteria:
0 Proposes non-residential development within
an area designated Tier I [Natural Area]
+10 Proposes non-residential development within
an area designated Tier II [Transition and
Sprawl Reduction Area].
+20 Proposes non-residential development within
an area designated Tier III [Infill Area].
2. Intensity Reduction. The following points shall be assigned to allocation
applications to encourage the voluntary reduction of intensity:
Point Assignment: Criteria:
+4 An application proposes development that
reduces the permitted floor area ratio (FAR) to
twenty three percent (23%) or less.
3. Land Dedication - The following points shall be assigned to allocation applications
to encourage the voluntary dedication of vacant, buildable land within Tier I and
Tier II designated areas and certain legally platted lots and unplatted parcels in Tier
I that are of insufficient size to be buildable for the purposes of conservation,
resource protection, restoration or density reduction and, if located in Tier II or Tier
III, for the purpose of providing land for affordable housing where appropriate.
pccomp-ROGO NROGO.amend Page 160[27
Point Assignment: Criteria:
+4 Proposes dedication to Monroe County of one
(1) vacant, legally platted lot of sufficient
minimum lot size and upland area to be
buildable. Each additional vacant, legally
platted, buildable lot which is dedicated that
meets the aforementioned requirements will
earn the additional points as specified.
+ 1 per 5,000 square Proposes dedication to Monroe County of a
feet oflot area vacant legally platted lot of five thousand
(5,000) square feet or more in size, designated
as Residential Low with maximum net density
within a Tier I area and containing sufficient
upland to be buildable. Each additional vacant,
legally platted lot, that meets the
aforementioned requirements will earn points as
specified.
+0.5 Proposes dedication to Monroe County of one
(1) vacant, legally platted lot of five thousand
(5,000) square feet or more within a Tier I area
designated as Residential Conservation, or
Residential Low with no maximum net density,
containing sufficient upland to be buildable.
Each additional vacant, legally platted lot that
meets the aforementioned requirements will
earn points as specified.
+4 Proposes dedication to Monroe County of at
least one (1) acre of vacant, unplatted land
located within a Tier I area containing sufficient
upland to be buildable. Each additional one (1)
acre of vacant, unplatted land that meets the
aforementioned requirements will earn the
points as specified.
4. Special Flood Hazard Area - The following points shall be assigned to allocation
applications to discourage development within high risk special flood hazard zones:
Point Assignment: Criteria:
-4 Proposes development within a "V" zone on the
FEMA Flood Insurance Rate Map.
5. Perseverance Points - One (1) or two (2) points shall be awarded for each year
that the allocation application remains in the system.
pccomp"ROGO NROGO.amend Page 17 of27
6. Highway Access - The following points shall be assigned to allocation applications
to encourage connections between commercial uses and reduction of the need for
trips and access onto U.S. Highway 1:
Point Assignment: Criteria:
+3 The development eliminates an existing.
driveway or access-way to U.S. Highway 1.
+2 The development provides no new driveway or
access-way to U.S. Highway L
7. Landscaping and Water Conservation - The following points shall be assigned
to allocation applications to encourage the planting of native vegetation and
promote water conservation:
Point Assignment: Criteria:
+3 The project provides a total of two hundred
percent (200%) of the number of native'
landscape plants on its property than the
number of native landscape plants required by
this chapter within landscaped bufferyards and
parking areas.
+1 Twenty-five percent (25%) of the native plants
provided to achieve the three (3) point award
above or provided to meet the landscaped.
bufferyard and parking area requirements of
this chapter are listed as threatened or
endangered plants native to the Florida Keys.
+2 Project landscaping IS designed for water
conservation such as use of one hundred percent
(100%) native plants for vegetation, collection
and direction of rainfall to landscaped areas, or.
the application of re-used wastewater or treated
seawater for watering landscape plants.
8. Central Wastewater System Availability - The following points shall be
assigned to allocation applications:
Point Assignment: Criteria:
+4 Proposes development
required to be
connected to a central
wastewater treatment
system that meets the
BAT/A WT treatment
standards established
pccomp-ROGO NROGO.amend Page 18 of27
by Florida Legislature
and Policy 901.1.1.
9. Employee Housing - The following points, up to a maximum of four (4), shall be
assigned to allocation applications for employee housing units:
Point Assignment: Criteria:
+2 Proposes an employee
housing unit which is
located on a parcel
with a non-residential
use.
+2 One (1) additional
employee housing unit
located on the parcel
with a non-residential
use.
Section 16. Renumber and amend Policy 101.5.6 to read as follows:
Policy 191.5.b 101.5.8
The Residential and Non-residential Point Systems shall be monitored on an annual basis
and revised as necessary to add, delete or adjust positive and negatiye factors based on
new studies and data in a manner that is consistent with and furthers the goals, policies,
and objectives of this plan. .',vhich may be identified by studies prepared as part of the
implementation of the Goals, Objectiyes and Policies of the Comprehensive Plan. Such
adjustments to the Point Systems shall result in amendments to the Comprehensi','6 Plan
and/or land development regulations as appropriate. These studies include, but are not
limited to:
1. the Sanitary Waste',vutCi" Master Plan (see Sanitary Vlastewater Objective 901.4
and related policies);
2. the Stonmvater Management Master Plan (see Drainage Objective 1001.3 and
reluted policies);
3. the Florida Keys National Marine Sanctuary Management Plan;
4. special studies undertaken as part of the Florida Keys National Marine Sanctuary
'Nater Quality Protection Program (see Conservation and Coastal Management
Objective 202.1 and related policies);
5. the Live }~bonrd Study (see Conservation and Coastal Management Objecti'.'6
202.4 and related policies);
pccomp-ROGO NROGO.amend Page 19 of 27
6. the Florida Key:] Advance Identification of 'Netlands (ADID) Program (see
Conservation and Coastal Management Objective 204.1 und related policies);
Section 17. Delete Policy 101.5.7 and 101.5.8.
Policy 101.5. 7
As part of the first annual review of the Residential and Non residoutial Point
S)'stems, additional criteria may be included :]uch us:
1. North Key Largo Negative points may be assigned for de'lelopment proposed
within that portion of Key Largo located betv/een the junction of State Road 905
and U.S. Highvlay 1 and the Dade County boundary at i\ngelfish Creek.
2. Traffic Capacity }.s part of the first annual revie-'N of the Residential and Non
residential Point System, positive points may be assigned for development served
by US 1 segments "vhich have surplus capacity. Negative points shall be assigned
for development served by US I segments which ha'le marginal capacity.
3. Offshore Islands Negative points may be assigned to developments on offshore
islands.
4. Conservation Lands Negative points may be assigned to developments \vhich
may impact designated or proposed conservation lands.
5. Disturbed Saltmarsh and Buttomvood '.1,/ etlands Negati':e points may be
assigned to developments which require the placement of fill or structures in
disturbed saltmarsh and buttonwood \vetlands.
6. Historic Resources Negative points may be assigned to developments which
remove or destroy historic or archaeological resources. Positive points may be
assigned to developments which restore or enhance historic or archaeological
resources.
7. Potential Development Credits (PDCs) .^.n applicant may haye the option of
receiving positi'/e points, called Potential Development Credits (PDCs), for
transferring development rights U\vay from a sender site for development
proposed on an eligible receiver site, as specified in Objective 101. 13 and related
policies.
Pone)' 101.5.8
The Residential Permit .^Jlocation Ordinance shall be amended to award a graduated
scale of positive points to d'Nelling units 'Nhich are proposed for lots '.vi thin legally
platted, recorded subdi'.'isions, which ure served by existing infrastructure, including at a
minimum potable wator, electricity and paved road'Nays. Maximum points shall be
a\varded for those projects proposed within platted subdivisions which are 67% to 100%
built out; fewer points '.vill be awardod for projects proposed for subdi'/isions 33% 67%
built out; and minimum points shall be awarded for projocts proposed for subdi'.'isions 0
33% built out. The percentage of build out shall be based upon updated, accurate data
pccomp-ROGO NROGO.amend Page 20 of 27
from the County's Geographic Information System (GIS). The Ordinanco shall be
amended when the pertinent information is readily available on the County's GIS.
Section 18. Amend Policy 101.5.9 as follows:
Policy 101.5.9
Monroe County shall allow for the development of residential multi family projects with
multiple units within the Permit Allocation System. If a project ranks high enough in the
Point System for a portion of the development to receive an allocation award, but the
project includes more units than are available during an allocation period, the entire
project may receive allocation awards if the excess allocation is reduced from the next
allocation period(s). Multi family affordable housing or elderly housing projects shall be
given priority.
Section 19. Amend Policy 101.5.10 as follows:
Policy 101.5.10
Monroe County may develop a program, called Transfer of ROGO Exemption (TRE),
that would allow for the transfer off-site of dwelling units, hotel rooms,
campground/recreational vehicle spaces and/or mobile homes to another site in the same
ROGO sub-area, provided that they are lawfully existing and can be accounted for in the
County's hurricane evacuation model. In addition, the Rew receiver site ,,'{ould not be
eligible for any negati'.'e em'ironmental points under ROGO '.vith the exception of those
properties designated Residential High. shall be located within a Tier III area and for a
receiver site on Big Pine Key and No Name Key, the sending site shall also be located on
one of those two islands. \Vhen a multiple family housing development utilizes a TRE,
any other units in that same project that are permitted through the ROGO process may be
eligible for minor positive points on a one for one basis.
Section 20. Amend Policy 101.6.1 as follows:
Policy 101.6.1
Monroe County shall, upon a property owner's request, purchase property for fair market
value or permit the minimum reasonable economic use ofthe property pursuant to Policy
101.6.5, if the property owner meets the following conditions:
1. they have been denied an allocation award for four successive years in the Permit
Allocation System; Residential (ROGO) or Non-residential (NROGO) Permit
Allocation System;
2. their proposed development otherwise meets all applicable county, state, and
federal regulations;
3. their allocation application has not been withdrawn;
peeomp-ROGO NROGO.amend Page 21 of 27
4. they have complied with all the requirements of the Permit ,^Jlocation System
Residential or Non-residential Permit Allocation System; and
5. they follow the procedures for administrative relief contained in the Dwelling
Unit ,^Jlocation Ordinance. in the land development regulations.
As used in this Policy, Hminimum reasonable economic use" shall mean, as applied to any
residentially zoned lot of record which was buildable immediately prior to the effective
date of the Plan, no less than a single-famlIy residence. "Pair market value" shall be an
amount which is no less than ad valorem valuation in the Monroe County Real Property
Tax Roll for the year 1992, adiusted for inflation, or the current fair market value,
whichever is greater.
Section 21. Delete Policy 101. 6.5 and Policy 101.6.6 and replace with new Policy 101.6.5
that reads as follows:
Policy 101.6.5
Monroe County shall annually compile a list prioritizing the lands requested fDr County
acquisition due to the Permit Allocation System. The lands of the property OV,'llers ',vho
meet the critoria in Policy 101.6.1 shall be ranked according to:
1. the environmental sensitivity of the yegetative habitat, murine resources, and impacts
to the quality of near shore waters as specified by the ranking in the Environmental
Design Criteria section of the Land Development Regulations;
2. whether the property is in kno'Nn, probable, and/or potential habitat for one or more
threatoned and/or endangered species, as indicated on the most recent Protected
Animal Maps; and
3. "vhether development on the property will adversely impact successful protection and
recovery of threatened or endangered species, such as deyelopment on Big Pine Key,
No Name Key, Ohio Key, and North Key Largo.
Those lands considered most sensitive according to the combination of (a), (b) and (c)
above shall be ranked as the highest priority for acquisition.
Policy 101.6.6
When considering the acquisition of lands denied building permit allocations through the
Permit ,\llocation System, Monroe County shall base the acquisition decision upon the
environmentally sensitivity ranking specified in Policy 101.6.5
Policy 101.6.5
Monroe County shall pursue land acquisition through voluntary purchase of lands from
private property owners denied a building permit through the Permit Allocation System,
as the preferred option for administrative relief pursuant to Policy 101.6.1, if the subject
permit is for development located within:
pccomp-ROGO NROGO.amend Page 22 of27
1. a designated Tier I area;
2. a designated Tier II area requiring the clearing of 5,000 square feet or more of
upland tropical hardwood hammock or pine lands habitat; or,
3. a designated Tier II or Tier III area on a non-waterfront lot suitable for affordable
housing.
Refusal of the purchase offer by a property owner shall not be grounds for the granting of
a ROGO or NROGO award
Section 22. Amend Policy 101. 12.4 to read as follows:
Policy 101.12.4
Upon adoption of the Comprehensive Plan, Monroe County shall require that the
following analyses be undertaken prior to finalizing plans for the siting of any new or the
significant expansion (greater than 25 percent) of any existing public facility:
1. assessment of needs;
2. evaluation of alternative sites and design alternatives for the selected alternative
sites; and,
3. assessment of direct and secondary impacts on surrounding land uses and natural
resources.
The assessment of impacts on surrounding land uses and natural resources will evaluate
the extent to which the proposed public facility involves public expenditures in the
coastal high hazard area and within environmentally sensitive areas, including disturbed
salt marsh and buttonwood wetlands, undisturbed beach berm areas, units of the Coastal
Barrier Resources System, undisturbed uplands (particularly high quality hammock and
pinelands), habitats of species considered to be threatened or endangered by the state
and/or federal governrnents, offshore islands, and Conservation Land Protection "^.reus
designated Tier I areas.
Except for passive recreational facilities on publicly-owned land, no new public
community or utility facility other than water distribution and sewer collection lines or
pump/vacuum/lift stations shall be allowed within Tier I designated areas unless it can be
accomplished without clearing of hammock or pinelands. Exceptions to this requirement
may be made to protect the public health, safety, and welfare, if all the following criteria
are met:
1. No reasonable alternatives exist to the proposed location; and,
2. The proposed location is approved by a supermaiority of the Board of County
Commissioners.
The site of the Key Largo Wastewater Treatment Facility (located at mile marker 100.5)
with an allowed clearing of up to 4.2 acres shall not be subiect to this policy.
pccomp-ROGO NROGO.amend Page 23 of 27
Section 23. Delete Policy 101.13.3.
Policy 101.13.3
"\$ purt of the first annual re'/ievl of the Point System, an applicant in the Residential
Permit Allocution System shall be awarded either one unit for euch one development
right transferred from an eligible sender site to an eligible receiver site (through the use
of Transferable Development Rights or TDRs), or positive points in the Point System
(through the uses of Potential Development Credits or PDCs).
If the applicant opts to receiye PDCs, the applicant would roceive positivo points for
transferring development rights away from a sender site to un eligible receive-r site. By
using this option, the applicant would forfeit the right to develop any additional units that
,,','ould be granted for TDRs.
Section 24. Renumber and amend Policy 101.13.4 as follows:
Policy 101.13.4 101.13.3
Transferable De':elopment Rights may be used \yithin the Residential Permit ,^Jlocation
System to increase density, subject to the limitations contained in the lund development
regulations. The Maximum Net Density is the maximum density allowable with the use
of TDRs, and shall not exceed the maximum densities established in this plan. Density
The transfers assignment ofTDRs to Big Pine Key, No Name Key, and North Key Largo
from other areas of the County shall be prohibited.
Section 25. Delete Policy 101.13.5.
Policy 101.13.5
j\S part of the first annual revievI of the Point System, positi'16 points, or "Potential
Development Credits" (PDCs) shall be awarded for applications proposing non
residential development which '1Iill transfer development rights away from eligible sender
sites to eligible receiver sites. PDCs shall be awarded to commercial projects for TDRs
transferred from either residential or commercial zones.
Section 26. Amend and renumber Policy 101.13.6 as follows:
Policy 101.13.6101.13.4
In conjunction with the first annual revie','l of the Point System evaluation of the existing
TDR program pursuant to Policy 101.13.2, parcels within the following habitats and land
use districts shall be designated as sender sites for Transferable Development Rights
(TDRs) nnd Potential Development Credits (PDCs):
Any parcel within these zoning categories:
Offshore Island (OS) Sparsely Settled (SS)
Mainland Native (MN) Parks and Refuge (PR)
Native (NA) Conservation (C)
pccomp-ROGO NROGO.amend Page 24 of 27
Habitat ofthe following types which lie within any zoning category:
Freshwater wetlands
Saltmarsh/Buttonwood wetlands
High quality high hammock
High quality low hammock
Moderate quality high hammock
Moderate quality low hammock
High quality pinelands
Low quality pinelands
Beachlbenn
Palm Hammock
Cactus Hammock
Disturbed Wetlands
Section 27. Delete Policy 101.13.7 and Policy 101.13.8.
PoliC)' 101.13. 7
In conjunction \vith the first annual reviev: of the Point System, the follo'.ving guidelines
shall be used to establish positive point mvards in the Residential Permit Allocation
System for each PDC:
Sender Site Receiver Site PDC Points
Freshwater v/etland scarified, in UR most points
MU
IS
SR SR ( disturbed land
fl:et
to include wetlands) least points
Policy 101.13.8
In conjunction ",/ith the first annual rs'.'iew of the Point System, the following guidelines
shall be used to establish point awards in the Non residential Permit Allocation System
for each PDC:
Sender Site Receiver Site PDC Points
Freshwater '.vetland UC most points
SC
MU
SR SC or MU least points
Section 28. Amend and renumber Policy 101.13.9 as follows:
Policy 101.13.9 101.13.5
No later than one year from the effcctive date of this plan, In conjunction with the
evaluation of the TDR program pursuant to Policy 101.13.2 and no later than one year
from the date when the County's Geographic Information System is fully functional,
Monroe County shall map potential TDR sender and receiver sites as specified in Policies
peeomp-ROGO NROGO.amend Page 25 of27
101.13.6 through 101.13.9 Policy 101.13.4, and shall map parcels from which
development rights have been transferred. These maps shall be updated as necessary and
made available to Growth Management staff and public for use in the development
reView process.
Section 29. Amend Policy 102.3.1 as follows:
Policy 102.3.1
The Permit Allocation System (see Future Land Use Objectives 101.2 through 101.4 and
related policies) shall have the following environmental protection goals:
1. to reduce the exposure of residents to natural hazards;
2. to reduce disturbances to natural vegetation resource areas;
3. to reduce disturbances to terrestrial wildlife resources areas;
4. to reduce impacts of new development on groundwater and nearshore waters;
5. to acqUIre vacant privately-owned environmentally sensitive lands for
conservation and resource protection;
6. to encourage infill development where existing lands are already substantially
developed, served by complete infrastructure facilities and within close proximity
to established commercial areas and have few sensitive or significant
environmental features;
fr.l. to ensure that the ecological integrity of natural areas is protected when land is
developed; and
6-:li . to reduce adverse impacts on endangered and threatened species.
Accordingly, the Point System, which shall be used as the basis for the annual allocation
of permits, shall assign negative and/or positive points to development applications-based
~that helps to achieve the above environmental protection goals.
1. the occurrence of nutural resources or naturul hazards; and/or
2. proposed utilization of best management practices for waste\vuter treatment and
disposal '.vhich will avoid or mitigate tho adverse impacts of development on natural
resources, particularly water quality.
(See Future Land Use Obj ective 101.5 and related policies for a list of positive and
negative factors to be included in the Permit Allocation System.) [9J-5.006(3)(c)1 and 6]
Section 30. 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.
pccomp-ROGO NROGO.amend Page 26 of 27
Section 3 i. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed tv 111(' exlent of said conHicr. The repeal of an ordinance herein shall not repc-aJ the
repealmg rlausle' of such onJinaucc Or revive any ordinance which has been repealed thereby
Sel'tioD 32. Ihts ordinal\l,;~ shi:lll be tlkd in thu om;;..: of the Secretary of Stale Ill' Florida hUI
shall nOl become dTcclive untIl a uotlce b' issued by !he Departmenl of ('O!\UUUnIty AtTairs or
AdmUHj;trahon CmnmlsslOn :lpprovm~ the ordin:.ulcl;,
Se<:lioll 33. This ordinance shaH be; transmitted by the Planning and .l:::nvirOl1melllal Resource~
Department to the FJonda Department ()f Community Affairs III accurdance with the
rCllUlrcmellls "f?J -110U6, Flonda AdulimSI.Jative eMe.
PASSED AND ADOPTI<:D by the Board ofCoumy CommiSSIOners of MOlU'oe Coumy, Florida,
at a regular meeting of said Board held On the __ day of _ . , A.D. ,2005.
Mayor Di).l~ Spehar
Mayor Pro Tern Charlc5 "Sonny" McCoy --.-
COllmussioner George Ne14genl --
Commission!::! David Rite - -
Commissioner Murray E. Nd:>on ~-~""
BOARD Of COUNTY COMMISSIONERS OF
MONROE COUNTI', FLORIDA
RY: ._.--~.^~. -..-
Mayor/Chairperson
,SEAL)
ATTFST DANNYl KOtHAGE, Ckrk
. .
BY: .--",.-- .._~
Deputy Clerk
!K~(}rnp-ROGO l\'ROGO~wJ\.'lld P~gc 27 of 27
STAFF REPORT
BOARD OF COUNTY COMMISSIONERS
MARATHON EOC ROOM
J
Monroe Cotmty Department of Planning and Environmental Resources
2798 Overseas Highway Marathon Florida 33050
305-289-2500 ~ conawav-marlene@monroecouny-fl.gov
November 28, 2004
TO: Monroe County Board of County Commissioners
FROM: K. Marlene Conaway, Director
RE: ROGOINROGO Comprehensive Plan amendment to implement Goal 105
Introduction
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. Attached is the proposed amendment to the Comprehensive Plan
to implement the goal, Rule 28-100 and the Florida Keys Carrying Capacity Study
(FKCCS).
Staff is recommending that three public hearings be held before the Board of County
Commissioners, one in each area, before adoption of the Transmittal Resolution.
Hopefully, this schedule will allow us to finish the adoption process by June 2005.
Background
The Board of County Commissioners (BOCC), at a regular meeting on January 21, 2004,
directed Growth Management staff to prepare an ordinance deferring ROGO and
NROGO allocation awards in areas containing tropical hardwood hammock or pinelands
of two acres or greater within Tier I - Conservation and Natural Areas (CNA), while staff
prepares drafi 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-
20.100 FAC.
The Planning Commission reviewed the staff proposed draft at a workshop in June and an
amended draft in four public meetings in September, October and November 2004. The
Planning Commission approved several amendments and voted to recommend the
attached draft to the BOCC on November 3, 2004. During the summer three focus group
meetings were held; two with the construction industry representatives and one with a
group of interested individuals and environmental groups. Several planned meetings were
cancelled due to the hurricanes. Finally two evening community workshops, one in Key
Largo and one in Sugarloaf, were held in October.
ROGO Amendment
Overview
ROGO has been completely redrafted utilizing the Tier System as the basis. A
comparison between the proposed ROGO and the existing system is attached (A). Where
the current ROGO has eighteen criteria for assigning points, the proposed ROGO
contains six criteria. The habitat protection and reduction of sprawl, which are the
planning reasons for most of the points, were considered during drafting and are the basis
of the Tier maps. The sustainability points, water and energy conservation, are more
appropriately addressed in the building code.
.
Monroe County Department of Planning and Environmental Resources
2798 Overseas Highway Marathon Florida 33050
305~289"2500 conaway-marlene@)monroecouny-fl.gov
The proposed ROGO is a positive system, awarding major points for the Tier location of
a property: Tier III - +30 points; Tier II - +20 points; Tier I - 0 points. The point system
is different on BPK and NNK because the Habitat Conservation Plan for the islands
controls the permitting. Points may be accrued by donating lots to the county for
preservation in Tier I and Tier II. Additional points can be gained in Tier II and Tier III
by aggregating lots.
A change to the points for the donation of platted lots awards a point for each 5,000
square feet of a Suburban Residential (SR) platted lot and 1/2 point for a 5,000 square
foot Native (NA) or Suburban Residential (SR) lot. An Improved Subdivision (IS),
Urban Residential Mobile Home (URM) and Commercial Fishing (CFV) platted lot is
buildable and receives four points. The single point value for unbuildable platted SR lots
and 1/2 point for NA and SS lots reflects the comparative buildability. Awarding points
for unbuildable lots to encourage donation is in response to a BOCC direction.
Major changes are proposed for affordable housing to assure they remain affordable for
the workforce, long term. Allocations for affordable/employee housing will only be
made for projects in Tier II and Tier III. Any projects receiving public financial
assistance will be required to keep the projects affordable for 99 years. Affordable
ROGO allocations will be provided on a first come, first served basis with the ability for
public or private agencies to reserve allocations with BOCC approval contingent upon
keeping the projects affordable for 99 years. To encourage mixed income projects, the
20% market rate housing permitted in employee housing projects will qualify for +3
points in ROGO.
Issues
1. Payment into a Land Acquisition Fund for Points: A purchase of points option was
considered and not recommended by the PC. Up to three points could be purchased for a
fee approximately equal to the cost per point of purchasing and dedicating a ROGO lot.
The PC is concerned that by changing the system there would be less conservation lots
purchased. Staff still considers this a viable option and recommends that the BOCC
consider adopting the following addition to Policy 101.5.4:
10. Payment to the Land Acquisition Fund - Up to three (3) points shall be
awarded for a monetary payment by the applicant to the County's land acquisition
fund for the purchase of lands for conservation and affordable housing and
retirement of development rights. The monetary value of each point shall be set
annually by the County based on upon the average ad valorem valuation of all
vacant privately owned ISIURM zoned platted lots on the current Monroe County
Real Property Tax Roll.
The following change would need to be made to the LDRS to implement the Policy:
U) Payment to land acquisition fund: Up to three (3) points shall be awarded for a monetary payment
to the County's Land Acquisition Fund for the purchase by the County of lands for conservation and
.
Monroe County Department of Planning and Environmental Resources
2798 Overseas Highway Marathon Florida 33050
305-289-2500 conaway-marlene@monroecouny-fl.gov
affordable housing and retirement of development rights. Points for payment to this fund shall be assigned
as follows:!
Point Assignment: Criteria:
+ 1 to +3 Proposes payment to the County's Land Acquisition
Fund in an amount equal to the monetary value of a
ROGO dedication point times the number of points
to be purchased up to a maximum oftmee (3)
points.
Additional Requirements:
1 .The monetary value of each point shall be
established annually by resolution of the board
of county commissioners.
2. The monetary value of each point shall be based
upon the average ad valorem value of privately-
owned, vacant, lS/URM platted lots divided by
four (4).
3. Payment to the County's Land Acquisition Fund
shall be made prior to the issuance of any
building permit pursuant to an allocation award.
2. Hybrid ROGO System: An alternative ROGO system, which proposes that the
market rate housing share be allocated through both a competitive system and a lottery
system, was reviewed and not recommended by the Planning Commission. Staff has
included it in the BOCC packet to provide an opportunity for Board review of the issue.
The testimony in the PC public hearings was not in support of the proposal.
Approximately 20% of the market rate housing would be available through the lottery
and the remainder available for those applicants who wish to have the assurance gained
from the competitive system. The applicant determines if he wants to compete or enter
the lottery. A threshold of 30 points is required to be eligible to enter the lottery. This
duel system would provide a means for those who cannot afford to purchase lots to
donate for points to have a chance of receiving an allocation. After four years applicants
that have not received an allocation can apply for Administrative Relief.
NROGO Amendment
NROGO has also been completely redrafted utilizing the Tier System as the basis of the
point awards, including special provisions for Big Pine Key and No Name Key. The
proposed NROGO is a positive system, awarding major points for the Tier location of a
property. Additional points may be accrued by dedicating lots, reducing intensity and
through landscaping and water conservation. Up to four points may be assigned to an
NROGO application when employee housing is proposed to be located on the parcel with
the non-residential floor area.
I This new provision allows payment to a County Land Acquisition Fund in lieu of lot dedication; however,
the number of points that can be purchased are limited to only three.
PLANNING COMMISSION RESOLUTION
,
BOARD OF COUNTY COMMISSIONERS
MARATHON-EOCROOM
PLANNING COMMISSION RESOLUTION NO
A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION
RECOMMENDING APPROVAL TO THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS OF THE REQUEST BY THE MONROE
COUNTY PLANNING DEPARTMENT OF AMENDMENTS TO THE MONROE
COUNTY 2010 COMPREHENSIVE PLAN TO CHANGE THE RATE OF
GROWTH ORDINANCE (ROGO) AND THE NON-RESIDENTIAL RATE OF
GROWTH ORDINACE (1\TROGO) TO UTILIZE THE TIER OVERLAY AS THE
BASIS FOR THE COMPETITIVE POINT SYSTEM. DELETING, REVISING
AND ADDING POLICIES, OBJECTIVES AND REQUIREMENTS FOR THE
IMPLEMENTATION OF GOAL 105 OF THE 2010 COMPREHENSIVE PLAN
AND THE TIER OVERLAY DISTRICT BY DELETING POLICIES 101.4.20,
102.9.5,102.9.6,103.2.2,207.1.2,207.10.5,207.12.6 AND OBJECTIVE 1201.13.
AND REVISING POLICIES 101.4.22, 101.14.1, 102.1.1, 102.4.1, 102.4.2, 102.4.3,
102.4.4, 102.4.5, 102.4.6, 102.4.7, 102.7.3, 102.8.1, 102.8.5, 102.9.1, 102.9.2,
102.9.3, 102.9.4, 103.2.1, 205.1, 205.1.1, 205.1.2, 205.1.3, 205.1.4, 205.1.5,
205.1.6, 205.2.1, 205.2.2, 205.2.6, 205.2.7, 205.2.14, 205.5.1, 205.5.2, 207.1.2
AND REVISE OBJECTIVE 102.4, 102.9, 201.1, 205.2 and 205.5, OF THE 2010
COMPREHENSIVE PLAN.
WHEREAS, the Monroe County Planning Commissioner, during a public hearings held November 16,
2004, reviewed and considered the proposed amendments to utilize the Tier overlay maps as the basis for the
competitive ROGO and NROGO point systems, limiting development of public facilities to Tier II and Tier III,
and amendments to exempt affordable and employee housing from the competitive system; and
WHEREAS, the Monroe County Board of County Commissioners directed staff to prepare text and
map amendments in Ordinance No. 018-2004 adopted June 16, 2004, to include: Tier Overlay Map designations
in accordance with Goal 105; revisions to ROGO and NROGO based on the Tier system utilizing a positive
approach that predominately relies on land dedication and aggregation; and revisions to the environmental
regulations based on the Tier system rather than the existing Habitat Evaluation Index; and
WHEREAS, 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;
and
WHEREAS, Tier Maps were developed following the criteria in Goal 105, utilizing computer mapping
(GIS), identifying areas appropriate for additional development and those, which are important environmentally
and should be preserved; and
WHEREAS, the boundaries for the Tier Maps were drawn using environmental and development
information and digital data from the Florida Keys Carrying Capacity Study (FKCCS), the Planning
Department and the Property Appraisers Office and refined through site visits by the County Biologists and
Planners; and
pccomp plan-ROGO NROGO.amend
WHEREAS, 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. Hammock size is a major determinate of habitat quality according to FKCCS, which is why
size and connectivity were used to identify the best and most important terrestrial habitat areas for
preservation; and
WHEREAS, Tier II contains smaller hammock patches isolated by surrounding development; the
quality is reduced because of the negative secondary impacts of development. These areas still contain a
large number of undeveloped lots; and
WHEREAS, Tier III is appropriate for additional infill development because of the location ~d
amount of existing development in the areas designated; and
WHEREAS, hammock size is a major determinate of habitat quality according to the FKCCS,
therefore size and connectivity are used in determining the boundary of the Tiers to identify the best and
most important terrestrial habitat areas for preservation; and
WHEREAS, the proposed ROGO is a positive system, awarding major points for the Tier location
of property: Tier III - +30 points; Tier II - +20 points; Tier I - 0 points. Points may be accrued by
donating lots to the County for preservation in Tier I and Tier II. Additional points can be gained in Tier
II and Tier III by aggregating lots; and
WHEREAS, a separate point system has been included for Big Pine Key and No Name Key that
follows the requirements of the Habitat Conservation Plan permit application and the Livable
CommuniKeys Master Plan for the Islands; and
WHEREAS, ROGO has been completely redrafted utilizing the Tier System as the basis. The
habitat protection and reduction of sprawl, which are the planning reasons for most of the points were
considered during drafting and are the basis of the Tier maps. The sustainability points, water and
energy conservation, are more appropriately addressed in the building code; and
WHEREAS, in response to a BOCC direction the points to lot dedication were modified to award a
point for each 5,000 square feet of an SR platted lot. An IS, URM and CFV platted lot will receive four
points and the single point value for unbuildable platted SR lots reflects the comparative buildability;
and
,
WHEREAS, the proposed NROGO has been redrafted using the Tier system as the basis for
awarding points dependent on the location of a property. Additional points may be accrued by
dedicating lots, reducing intensity and through landscaping and water conservation; and
WHEREAS, applications for non-residential floor area which include employee housing as part of
the development plan will receive up to four additional points in NROGO; and
WHEREAS, the Planning and Environmental Resources Department have made changes to the
proposed draft based on comments at the public workshops and hearing and direction of the Planning
Commission; and
pccomp plan-ROGO NROGO.amend
,
WHEREAS, the Planning Commission, after hearing public comments and. staff input at four
public hearings, finds the proposed amendments to the to the 2010 Comprehensive Plan to utilize the
Tier overlay maps as the basis for the competitive ROGO and NROGO point systems, limiting
development of public facities to Tier II and Tier III, and amendments to exempt affordable and
employee housing from the competitive system are consistent with and further goals, objectives and
policies of the Year 2010 Comprehensive Plan, particularly Goal 105 and recently adopted set of
comprehensive plan amendments to effectuate the Tier system;
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County
Board of County Commissioners of the following amendment to the Land Development
Regulations:
Section 1: Amend Policy 101.2.3 as follows:]
Policy 101.2.3
The Permit Allocation System for new residential (ROGO) development shall specify
procedures for:
1. annual adjustment of the number of permits for new residential units to be issued
during the next year based upon, but not limited to the following:
a. the number of permits for new residential units issued during the previous
year, including permits which did not result in completed units or active
progress towards such completion as defined by the Land Development
Regulations; and
b. application of the updated transportation model of the LO'Ner Southeast
Florida Hurricane Evacuation Study every five years or '.",hen warranted
by implementation of roadv;ay capacity improvements, new behavioral
data, or substantial changes in dC'ielopment patterns (see Conservation and
Coastal Management Element Policy 216.1.5);
a. expired allocations and building permits in previous year;
b. allocations available, but not allocated in previous year;
c. number of allocations borrowed from future quarters;
d. vested allocations;
e. modifications required or provided by this plan or agreement pursuant to
Chapter 380, Florida Statutes;
I Except where further noted, these revisions reflect the updates made to ROGO since the comprehensive plan was
adopted and revises the apparent conflict in the text of point 2 with the content of Policy 101.2.4. Rather than
allocating between single and multi-farrrily unit types, allocations are by affordable and market rate housing.
pccomp plan-ROGO NROGO.amend
f. receipt or transfer of affordable housing allocations by intergovernmental
agreement; and
2. allocation of single and multi family unit types affordable and market rate
housing units in accordance with Policy 101.2.4; and
3. timing of the acceptance of applications, evaluation of applications, and issuance of
permits for new residential development during the calendar year.
Section 2. Amend Policy 101.2.4 as follows:2
Policy 101.2.4
Monroe County shall allocate at least 20 percent of residential (non-transient) growth to affordable
housing units as part of the Pennit Allocation System. Any portion of the 20 perc~t allocation not
used for affordable housing shall be retained and be made available for affordable housing from
ROGO year to ROGO year. Affordable housing eligible for this separate allocation must shall meet
the criteria specified in Policy 601.1.7. and shall not be sublcct to the Residential Permit Allocation
and Point System in Policy 101.5.4. The parcel proposed for affordable housing development shall
not be located in un acquisition area and shull not qualify for negati'le points according to the criteria
specified under Habitat Protection and Threatened or Endangered i\llimal Species in Policy
101.5.4; ho'Never, properties designated Residential High shall be exempted from this prohibition.
within an area designated as Tier I as set forth under Goal 1 05.
Section 3. Amend Policy 101.3.1 as follows:3
Policy 101.3.1
Monroe County shall maintain a balance between residential and non-residential growth
by limiting the gress square footage of non-residential development over the 15 year
plar.ning horizon in order to maintain a ratio of approximately 239 square feet of new,
non-residential development for each new residential unit permitted through the
Residential Permit Allocation System. This ratio may be modified from time to time
through amendments to the land development regulations based upon market and other
relevant studies as required by policy 101.3.5. The ratio for commercial allocation shall
be revised upon completion oftha economic baseline analysis required by policy 101.3.5
\
which shall be completed no later than January 4, 1997. The commercial allocation
allowed by this policy shall be uniformly distributed over the 15 year platming horizon on
an annual basis. consistent with the Residential Permit Allocation System as set forth in
Policy 101.2.1. Within one year of the effective date of this plan, Monroe County shall
2 This revision reflects that affordable housing will no longer compete under ROGO, but will still be subject to the
limits on number of affordable ROGO allocations that can be awarded. In addition, the revision reflects the
elimination of negative environmental point categories in ROGO with the use ofthe Tier system.
3 Amendments to this policy are intended to provide the basis for making amendments to the floor space to dwelling
unit ratio as needed to accormnodate changing needs and policies. The County has already had one study completed
concerning market demand for non-residential development and shortly the results of more in-depth report on
market demand and needs for non-residential floor area will be completed.
pccomp plan-ROGO NROGO.amend
amend this policy to specify the annual allowable square footage based upon the number
of residential units allo\ved by year using the ratio set forth in this policy.
Section 4. Amend Policy 101.3.3 as follows:4
Policy 101.3.3
The Permit Allocation System for new non-residential (NROGO) development
shall specify procedures for:
1. the annual adjustment of the square footage allocated for e.f new non-
residential development to be permitted during the next year based upon.;
but not limited to:
a) the square footage e.f allocated for new non-residential
development completed that expired during the previous year;
b) strict regulations regarding completion schedules of permitted
activities shall be developed and enforced to preclude repeated
rene'.val of expired permits; and
b) the amount of square footage available for allocations but not
allocated in previous year~
c) modifications required or provided by this plan~ and,
d) receipt or transfer of floor area by intergovernmental agreement.
2. maintaining a ratio of approximately 239 square feet of new non-
residential development for each new residential unit permitted through
the Permit Allocation System, as may be amended from time to time in
accordance with Policy 101.3.1; and,
3_ timing of the acceptance of applications, evaluation of applications, and
issuance of permits for new non-residential development during the
calendar year.
Section 5. Amend Policy 101.3.4 as follows:5
Policy 101.3.4
Public facilities shall be exempted from the requirements of the Permit Allocation System
for new non-residential development. Except within Tier I designated areas under Goal
105, Gcertain development activity by federally tax-exempt not-for-profit educational,
scientific, health, religious, social, cultural, and recreational organizations may be exempted
4 This policy has been revised to make the policy direction more concise and clear and to reflect other revisions to
i'i'ROGO proposed in this amendment package.
5 This revision reflects recent amendments to LDRs to preclude exemptions for not-for-profits within Conservation
and Natural Areas (Tier I).
pccomp plan-ROGO NROGO.amend
from the Pennit Allocation System by the Board of County Commissioners after review by
the Planning Commission upon a finding that such activity will predorhinately serve the
County's non.transient population. All public and institutional uses that predominately
serve the County's non-transient population and which house temporary residents shall be
included in the Pennit Allocation System for residential development, except upon factual
demonstration that such transient occupancy is of such a nature so as not to adversely
impact the hurricane evacuation clearance time of Monroe County.
Section 6. Amend Policy 101.3.5 as follows: 6
Policy 101.3.5
By January 4, 1998 July 2005. Monroe County shall complete ~ an economic base
analysis market demand analysis and economic assessment in order to determine the
demand for future non-residential development in Monroe County and planning sub-
areas. The non-residential development allocation and Future Land Use Map (FLUM)
designations for non-residential uses shall be may be revised based upon the results of
this study, and other relevant policy and economic studies and data and provide the basis
for preparing specific amendments to the comprehensive plan to incorporate goals.
objectives and policies on economic development including tourism. The economic base
analysis will address existing non-residential uses, vacancy rates, economic trends and
demand for non-residential uses by planning sub-area.
Section 7. Amend Policy 101.4.21 by adding (i) under "Notes" in the table entitled "Future Land Use
Densities and Intensities" that reads as follows:
(i) The Maximum Net Density is the maximum density allowable with the use of TDRs.
Section 8. Amend Objective 101.5 as follows:?
Obiective 101.5
Monroe County shall implement a Point System based primarily on the Tier system of
land classification in accordance with Goal 105, which directs future growth in order to:
1. encourage the redevelopment and renewal of blighted areas [9J-5.006(3)(b)2];
,
2. maintain and enhance the character of the community [9J-5.006(3)(b)3];
3. protect natural resources [9J-5.006(3)(b)4];
4. encourage a compact pattern of development [9J-5.006(3)(b )7]; im:il
5. encourage the development of affordable housing; and,
6. encourage development in areas served by central wastewater treatment systems.8
6 This amendment reflects the current market and economic strategy study being completed by the Chesapeake
Group, which will provide the basis for making changes in future land use designations and in eventual preparation
of economic development policies for the County as an integral part of the Comprehensive Plan.
7 This revision reflects the incorporation of the Tier system as the framework for implementing the point system.
8 This revision reflects the incorporation of positive points in the pennit allocation system for development to be
cOIlllected to an existing central wastewater treatment system.
pccamp plan-ROGO NROGO.amend
.
Section 9. Amend Policy 101.5.1 as follows:9
Policy 101.5.1
By January 4, 1997, Monroe County shall adopt through its land development re~lations
a new Point System for residential (RaGa) and non-residential eNROGO) development
to replace the existing Point System by no later than July L 2005. Except for affordable
housing, this Point System, as set forth in Policy 101.5.4 for residential development and
Policy 101.5.5 for non-residential development, wffi€fl shall be used as a basis for
selecting the development applications which are to be issued permits through the Permit
Allocation System (see Policy 101.2.1). The Point System shall specify positive point
factors which shall be considered as assets and shall specify negative point factors which
shall be considered as liabilities in the evaluation of applications for new residential and
non-residential development.
Section 10. Amend Policy 101.52 as follows:]O
Policy 101.5.2
In order to encourage a compact form of residential growth, the Point System shall assign positive
point ratings to applications for nc'.v residential development \vrnch w(Juld that resul~ in infill
development in platted, improved subdivisions , the Point System shall be primarily based on the
Tier system ofIand classification as set forth under Goal 105. [9J-5.006(3)(c)1 and 6]
Section 11. Amend Policy 101.5.3 as follows:]]
Policy 101.5.3
In order to encourage a compact form of non-residential growth, the Permit Allocation
System shall limit and direct the amount of new non-residential development primarily to
areas designated as Tier III under Goal 105 and provide incentives for redevelopment of
existing developed and vacant infill sites. (See Policy 101.3.1.) [9J-5.006(3)(c)1]
Section 12. Delete existing Policy 101.5.5 and create a new Policy 101.5.4 that reads as follows:
Policy 101.5.4
Monroe County shall implement the residential Permit Allocation and Point System
through its the land development regulations based primarily on the Tier system ofland
classification as set forth under Goal 105. The points are intended to be applied
cumulatively.
9 This revision updates the Policy and reflects the shift away from using negative points in ROGO. It establishes a
one-year time frame for its completion.
10 This revision reflects the use of the Tier system for directing grov.1h to specific areas. The Tier system takes into
account consideration of habitat, threatened and endangered species and availability of infrastructure and services
through its classification of properties into Tiers. The current system awards many properties within platted
subdivisions that are within environmentally sensitive habitat or have impacts on endangered and threatened species.
II The existing policy fails to adequately provide broad guidance to promote compact development and needs to be
amended to incorporate the Tier System.
pccomp plan-ROGO NROGO .amend
.
1. Tier Designation - Utilizing the Tier System for land classification in Policy
105.2.1, the following points shall be assigned to allocation applications for
proposed dwelling units in a manner that encourages development of infill,
predominately developed areas with existing infrastructure and few sensitive
environmental features and discourages development in areas with environmentally
sensitive upland habitat, which must be acquired or development rights retired for
resource conservation and protection. 12
Criteria:
Points
0 Proposes a dwelling
unit within areas
designated Tier I
[Natural Area].
+10 Proposes development
wi thin areas
designated Tier II
[Transition and Sprawl
Reduction Area] on Big
Pine or No Name Key.
+20 Proposes development
within areas designated
Tier II[Transition and
Sprawl Reduction Area]
outside of Big Pine or
No Name Key.
+20 Proposes development
within areas designated
Tier III [Infill Area] on
Big Pine or No Name
Key.
+30 Proposes development
within areas desigllated
Tier III [Infill Area]
outside of Big Pine or
No Name Key.
12 The Tier system is intended to provide the underlying base for directing growth under the revised ROGO system.
Rather than using negative points, the system uses a positive point approach which is legally more defensible than
one relying on negative scoring.
pccomp plan-ROGO NROGO.amend
2. Big Pine and No Name Keys - The following negative points shall be cumulatively
assigned to allocation applications for proposed dwellings to implement the Big
Pine Key and No Name Key Habitat Conservation Plan and the Livable
CommuniKeys Community Master Plan.
Point Assignment: Criteria:
-10 Proposes development
on No Name Key.
-10 Proposes development
in designated Lower
Keys Marsh Rabbit
, habitat or buffer areas
as designated in the
Community Master
Plan.
-10 Proposes development
in Key Deer Corridor
as designated in the
Community Master
Plan.
3. Lot Aggregation - The following points shall be assigned to allocation applications
to encourage the voluntary reduction of density through aggregation of legally
platted buildable lots within Tier II and Tier III areas,!3
Point Assignment: Criteria:
+4 Proposes to aggregate
a contiguous vacant,
legally platted lot
within a Tier II or Tier
III area with sufficient
lot size and upland
area to be buildable
together with the
parcel proposed for
development.
+4 Each additional
contiguous vacant,
legally platted lot
which is aggregated in
13 The revised Jot aggregation system is similar to existing system except scoring has been changed to reflect overall
changes in scoring. Tier I areas are not eligible for aggregation and Policy 205.2.7 limits aggregation points if
clearing of upland native vegetation occurs in Tier II areas.
pccomp plan-ROGO NROGO.amend
Tier II or III area that
meets the
aforementioned
requirements will earn
additional points as
specified.
4. Land Dedication - The following points shall be assigned to allocation
applications to encourage the voluntary dedication of vacant, buildable land within
Tier I and Tier II designated areas and certain legally, platted lots and unplatted
parcels in Tier I that are of insufficient size to be buildable for the purposes of
conservation, resource protection, restoration or density reduction and, if located in
Tier II or Tier III, for the purpose of providing land for affordable housing where
appropriate. ]4
Point Assignment: Criteria:
+4 Proposes dedication to
Momoe County of one
vacant, legally platted
lot of sufficient
minimum lot size and
upland area to be
buildable. Each
additional vacant,
legally platted lot that
meets the
aforementi oned
requirements will earn
points as specified.
+ I for each 5,000 square feet of lot size Proposes dedication to
. Monroe County of a
vacant, legally platted
lot of 5,000 square
feet or more in size,
designated as \
: Residential Low with
a maximum net
density within a Tier I
area and containing
sufficient upland area
to be buildable. Each
14 The land dedication scoring has been completely revised to reflect change in scoring and to allow more flexibility
in the sizes of property that may be dedicated. A major change has been to allow currently NA, SR and SR-L lots,
which are currently unbuildable due to lot size, to be eligible for ROGO dedication. In addition, this policy spells
out that lots dedicated in Tier II or Tier III may be used by the County for providing land for affordable housing,
where appropriate.
pccomp plan-ROGO NROGO.amend
: additional vacant, '
legally platted lot that
meets the
aforem enti oned
requirements will earn
points as specified.
+0.5 Proposes dedication to
MOlioe County of one (1)
vacant, legally platted lot
of at least 5,000 square feet
in size within a Tier I area,
designated as Residential
Conservation, or
Residential Low with no
maximum net density,
containing sufficient
upland to be buildable.
Each additional vacant,
legally platted lot that
meets the aforementioned
requirements will earn
points as specified.
+4 Proposes dedication to
MOlioe County of at least
one (l) acre of vacant,
unplatted land located
within a Tier I area
containing sufficient
upland to be buildable.
Each additional one (1)
acre of vacant, unplatted
land that meets the
aforementioned
requirements will earn
points as specified.
5. Market Rate Housing in Employee or Affordable Housing Project- The
following points shall be assigned to allocation applications for market rate housing
units in an employee or affordable housing projectY
Point Assignment: Criteria:
+3 Proposes a market rate
housing unit which is
part of an affordable
or employee housing
project; both
affordable and
15 This policy is intended to provide more incentives to build affordable housing by encouraging the mixture of
affordable housing with market rate housing.
pccomp plan.ROGO NROGO.amend
employee housing
shall meet the policy
guidelines for income
in Policy 601.1.7 and
other requirements
pursuant to the Land
Development
Regulations.
6. Special Flood Hazard Areas - The following points shall be assigned to allocation
applications for proposed dwelling unites) to provide a disincentive for locating
within certain coastal high flood hazard areas: 16 ,
Point Assignment: Criteria:
-4 Proposes development
proposed wi thin "V"
zones on the FEMA
flood insurance rate
maps.
7. Central Wastewater System Availability - The following points shall be
assigned to allocation applications:17
Point Assignment: Criteria:
+4 Proposes development
required to be
connected to a central
wastewater treatment
system that meets the
BAT I A WT treatment
standards established
by Florida Legislature
and Policy 901.1.1.
16 This revision eliminates the negative points for "A" zone, in which the predominate number of properties are
located and the positive points for "X" zones that only affect a very insignificant number of properties.
17 This scoring incentive is intended to: encourage infill development in areas served by central sewer systems
being upgraded or constructed to meet 2010 Wastewater Treatment Standards; maximize public investment; reduce
the average EDU operating/maintenance costs of these systems; and recoup capital costs.
pccomp plan.ROGO NROGO.amend
8. Perseverance Points - One (1) point shall be awarded for each year that the
allocation application remains III the allocation system up to a maximum
accumulation of four (4) points.I8
Section 13. Delete Policy 101.5.5 in its entirety and replace with new Policy 101.5.5 that
reads as follows:
Policy 101.5.5
Monroe County shall implement the non-residential Permit Allocation and Point System
through its land development regulations based primarily on the Tier system ofland
classification pursuant to Goal 1 05. The points are intended to be applied cumulatively.
1. Tier Designation - Utilizing the Tier System for land classification in Policy
105.2.1, the following points shall be assigned to allocation applications for
proposed non-residential in a manner that encourages development of infill,
predominatel y developed areas with existing infrastructure, commercial
concentrations, and few sensitive environmental features, and discourages
development in areas with environmentally sensitive upland habitat, which must
acquired or development rights retired for resource conservation and protection: 19
Doint assignment: Criteria:
0 Proposes non-residential development within
an area designated Tier I [Natural Area]
+-10 Proposes non-residential development within
an area designated Tier II [Transition and
Sprawl Reduction Area].
+20 Proposes non-residential development within
an area designated Tier III [Infill Area].
18 This reVISIOn eliminating the proVISIOn of perseverance points beyond four years reflects the Planning
Commission's concern that allowing such points beyond four years will only encourage development oflots in areas
where development should be discouraged.
19 The Tier System is intended to provide the underlying basis for directing growth under the revised NROGO
system. Rather than using negative points, the system relies on a positive approach, which is legally more
defensible then one relying on negative scoring.
pccomp plan-ROGO NROGO,amend
2. Intensity Reduction. The following points shall be assigned to allocation
applications to encourage the voluntary reduction of intensity:
Point assignment: Criteria:
+4 An application proposes development that
reduces the permitted floor area ratio (FAR) to
twenty three percent (23%) or less.
3. Land Dedication - The following points shall be assigned to allocation applications
to encourage the voluntary dedication of vacant, buildable land within Tier I and
Tier II designated areas and certain legally platted lots and unplatted parcels in Tier
I that are of insufficient size to be buildable for the purposes of conservation,
resource protection, restoration or density reduction and, if located in Tier II or Tier
III, for the purpose of providing land for affordable housing where appropriate. 20
Point assignment: Criteria:
4 . Proposes dedication to Monroe County of one
(1) vacant, legally platted lot of sufficient
minimum lot size and upland area to be
buildable. Each additional vacant, legally
platted, buildable lot which is dedicated that
meets the aforementioned requirements will
earn the additional points as specified.
+ I per 5,000 square Proposes dedication to Monroe County of a
feet of lot area vacant legally platted lot of five thousand
(5,000) square feet or more in size, designated
, as Residential Low with maximum net density
within a Tier I area and containing sufficient
upland to be buildable. Each additional vacant,
legally platted lot, that meets the
aforementioned requirements will earn points as
specified.
+0.5 Proposes dedication to Monroe County of one
(I) vacant, legally platted lot of five thousand
(5,000) square feet or more within a Tier I area
designated as Residential Conservation, or
Residential Low with no maximum net density,
containing sufficient upland to be buildable.
, Each additional vacant, legally platted, lot that
20 The land dedication scoring has been completely revised to reflect change in scoring and to allow more flexibility
in the sizes of property that may be dedicated. A major change has been to allow currently NA, SR and SR-L lots,
which are currently unbuildable due to lot size, to be eligible for ROGO dedication. In addition, this regulation
spells out that lots dedicated in Tier II or Tier III may be used by the County for providing land for affordable
housing, where appropriate. It should be noted that under NROGO platted lots will receive the same scoring as
permitted under ROGO, which is currently not the case.
pccomp plan-ROGO NROGO.amend
meets the aforementioned requirements will
earn points as specified.
.+4 Proposes dedication to Monroe County of at
. least one (1) acre of vacant, unplatted land
located within a Tier I area containing sufficient
upland to be buildable. Each additional one (1)
acre of vacant, unplatted land that meets the
aforementioned requirements will earn the
, points as specified.
4. Special Flood Hazard Area - The following points shall be assigned to allocation
applications to discourage development within high risk special flood hazard
zones:21
Point assignment: Criteria:
-4 Proposes development within a "V" zone on the
FEMA Flood Insurance Rate Map.
5. Perseverance Points - One (1) or two (2) points shall be awarded for each year
that the allocation application remains in the system.
6. Highway Access - The following points shall be assigned to allocation applications
to encourage connections between commercial uses and reduction of the need for
trips and access onto U.S. Highway 1:22
Point assignment: Criteria:
+3 The development eliminates an existing
driveway or access-way to U.S. Highway 1.
+2 : The development provides no new driveway or
, access-way to U.S. Highway 1.
7. Landscaping and Water Conservation - The following points shall be assigned
to allocation applications to encourage the planting of native vegetation and
promote water conservation:
Point assignment: Criteria:
+3 The project provides a total of two hundred
percent (200%) of the number of native
landscape plants on its property than the
number of native landscape plants required by
21 Negative points for special flood hazards have been revised similar to those for ROGO.
22 The scoring criteria for access has been thoroughly revised to better effectuate the intent of this scoring policy,
pccomp plan-ROGO NROGO.amend
this chapter within landscaped bufferyards and
parking areas.
+1 Twenty-five percent (25%) of the native plants
provided to achieve the three (3) point award
above or provided to meet the landscaped
bufferyard and parking area requirements of
this chapter are listed as threatened or
endangered plants native to the Florida Keys.
+2 Project landscaping IS designed for water
conservation such as use of one hundred percent
(100%) native plants for vegetation, collection
and direction of rainfall to landscaped areas, or
: the application of re-used wastewater or trea~ed
seawater for watering landscape plants.
8. Central Wastewater System Availability - The following points shall be
assigned to allocation applications?3
Point Assignment: Criteria:
+4 Proposes development
required to be
connected to a central
wastewater treatment
system that meets the
BAT / A WT treatment
standards established
by Florida Legislature
and Po !icy 90 L L 1.
9. Employee Housing ~ The following points, up to a maximum of four (4), shall be
assigned to allocation applications for employee housing units:24
,
Point Assignment: Criteria:
+2 Proposes an employee
housing unit which is
located on a parcel
with a non-residential
use.
23 This scoring incentive is intended to: encourage infill development in areas served by central sewer systems
being upgraded or constructed to meet 20 lOW astewater Treatment Standards; maximize public investment; reduce
the average EDU operating/maintenance costs of these systems; and recoup capital costs.
24 This provision is intended to encourage mixed commercial-residential development and to provide additional
incentives to encourage the provision of affordable employee housing.
pccomp plan.ROGO NROGO.amend
+2 One (1) additional
employee housing unit
located on the parcel
with a non-residential
use
Section 14. Amend Policy 101.5.6 to read as follows.25
Policy 101.5.6
The Residential and Non-residential Point Systems shall be monitored on an annual basis
and revised as necessary to add, delete or adjust positive and neguti'l6 factors based on
new studies and data in a manner that is consistent with and furthers the goals, policies,
and obiectives of this plan. .'.vhich may be identified by studies prepared as part ofthe
implementation of the Goals, Objectiyes and Policies oftha Comprehensive Plan. Such
adjustments to the Point Systems shall result in amendments to the Comprehensi'/e Plan
and/or land development regulations as appropriate. These studies include, but are not
limited to:
1. the Sanitary 'Nastewater Master Plan (see Sanitary \Vastev/ater Objective 901.4
and related policies);
2. the Stormwater Management Master Plan (see Drainage Objective 1001.3 and
related policies);
3. the Florida Keys National Murine Sanctuary Management Plan;
4. special studies undertaken as part of the Florida Keys National Marine Sanctuary
V'later Quality Protection Program (see Conservation and Coastal Management
Objective 202.1 and related policies);
5. the Live }...board Study (see Conservation and Coastal Management Objective
202.4 and related policies);
6. the Florida Keys ,^.dvance Identification of Wetlands (:\DID) Program (see
Conservation and Coastal Management Objective 204.1 and related policies);
Section 15. Delete Policy 101.5.7 and 101.5.8.26
Policy 101.5.7
As part of the first ar.nual review of the Residential and Non residential Point
Systems, additional criteria may be included such as:
25 This existing policy is no longer relevant and has been replaced with new Tier based system and Livable
CommuniKeys community master planning process. The policy has been replaced with a broader policy that calls
for updates and revisions to the pennit allocation system as needed.
26 These two policies are no longer relevant with the revisions to the ROGO system based on the Tier system and
increased emphasis on lot dedication and density reduction.
pccomp plan-ROGO NROGO.amend
1. North Key Largo Negative points may be assigned for deyelopment proposed
',vithin that portion of Key Largo located between the junction of State Road 905
and U.S. Highway 1 and the Dade County boundary at Angelfish Creek.
2. Traffic Capacity "^~s part of the first annual re'/iew of the Residential and Non
residential Point System, positive points may be assigned for development served
by US 1 segments which have surplus capacity. Negative points shall be assigned
for development served by US 1 segments '.vhich have marginal capacity.
3. Offshore Islands Negative points may be assigned to developments on offshore
islands.
4. Conservation Lands Negative points may be assigned to developments 'Nhich
may impact designated or proposed conservation lands.
5. Disturbed Saltmarsh and Buttonwood Wetlands Negative points may be
assigned to developments '.vhich require the placement of fill or structures in
disturbed saltmarsh and buttonwood wetlands.
6. Historic Resources Negati';e points may be assigned to developments v,'hich
remove or destroy historic or archaeological resources. Positive points may be
assigned to developments \vhich restore or enhance historic or archaeological
resources.
7. Potential Development Credits (PDCs) An applicant may have the option of
receiving positive points, called Potential Development Credits (PDCs), for
transferring development rights away from a sender site for development
proposed on an eligible receiver site, as specified in Objective 101.13 and related
policies.
Policy 101.5.8
The Residential Permit Allocation Ordinance shall be amended to U'ovard a graduated
scale ofpositi';e points to d'Nelling units which are proposed for lots within legolly
platted, recorded subdivisions, '.vhich are served by existing infrastructure, including at a
minimum potable water, electricity and paved roadways. Maximum points shall be
m'.'arded for those proj ects proposed '.vi thin platted subdivisions \vhich are 67% to 100%
built out; fewer points will be awarded for projects proposed for subdivisions 33% 67%
built out; and minimum points shall be (lv/arded for projects proposed for subdivisions 0
33% built out. The percentage of build out shall be based upon updated, accurate data
from the County's Geographic Information System (GIS). The Ordinance shall be
amended ,>.'hen the pertinent information is readily ayailable on the County's GIS.
pccomp plan-ROGO NROGO,amend
Section 16. Amend and renumber Policy 101.5.9 as follows:27
Policy 101.5.9101.5.7
Monroe County shall allow for the development of residential multi family projects with
multiple units within the Permit Allocation System. If a project ranks high enough in the
Point System for a portion of the development to receive an allocation award, but the
project includes more units than are available during an allocation period, the entire
project may receive allocation awards if the excess allocation is reduced from the next
allocation period(s). Multi family aff{)rdable housing or elderly housing projects shall be
given priority.
Section 17. Amend and renumber Policy 101.5.10 as follows?8
Policy 101.5.10101.5.8
Monroe County may develop a program, caned Transfer of ROGO Exemption (TRE),
that would allow for the transfer off-site of dwelling units, hotel rooms,
campground/recreational vehicle spaces and/or mobile homes to another site in the same
ROGO sub-area, provided that they are lawfully existing and can be accounted for in the
County's hurricane evacuation model. In addition, the fleW receiver site would not be
eligible for any negative environmental points under ROGO with the exception of those
properties designated Residential High. shall be located within a Tier III area and for a
receiver site on Big Pine Key and No Name Key, the sending site shall also be located on
one of those two islands. When a multiple family housing development utilizes a TRE,
any other units in that same project that are permitted through the ROGO process may be
eligible for minor positive points on a one for one basis.
Section 18. Amend Policy 101.6.1 as follows:29
Policy 101.6.1
Monroe County shall, upon a property owner's request, purchase property for fair market
value or permit the minimum reasonable economic use of the property pursuant to Policy
101.6.5, if the property owner meets the following conditions:
1. they have been denied an allocation award for four successive years in the Permit
Allocation System; Residential (ROGO) or Non-residential (NROGO) Permit
Allocation System;
2. their proposed development otherwise meets all applicable county, state, and
federal regulations;
27 This revision reflects need to limit the authority for borrowing from future allocations for any type of
development needing multiple units.
28 This policy needs to be revised to reflect the Tier system. In addition, the specific provisions limiting TREs on
Big Pine and No Name Key is included to incorporate the community master plan policies
29 Specific language regarding administrative relief needs to be incorporated in policy and the policy needs to be
brought up to date, The number of years to be eligible for administrative relief is being extended to reduce potential
number of permits that could be left in the pipeline, This extension is within the 4 to 7 year envelope that most case
law considers as a reasonable period of delay in permitting before a taking has occurred.
pccomp plan-ROGO NROGO.amend
3. their allocation application has not been withdrawn;
4. they have complied with all the requirements of the Permit Allocation System
Residential or Non-residential Permit Allocation System; and
5. they follow the procedures for administrative relief contained in the Dv,elling
Unit ,^Jlocation Ordinance. in the land development regulations.
As used in this Policy, "minimum reasonable economic use" shall mean, as applied to any
residentially zoned lot of record which was buildable immediately prior to the effective
date of the Plan, no less than a single-family residence. "Fair market value" shall be an
amount which is no less than ad valorem valuation in the Monroe County Real Property
Tax Roll for the year 1992, adiusted for inflation, or the current fair market value,
whichever is greater.
Section 19. Delete Policy 101. 6.5 and Policy 101.6.6 and replace with new Policy 101.6.5:30
Policy 101.6.5
Monroe County shall annually compile a list prioritizing the lands requested for County
acquisition due to the Permit Allocation System. The lands of the property owners '.vho
meet thc criteria in Policy 101.6.1 shall be ranked according to:
1. the environmental sensitivity of the vegetatjve habitat, marine resources, and impacts
to the quality of near shore 'liaters as specified by the ranking in the Environmental
Design Criteria section of the Land Development Regulations;
2. whether the property is in knovm, probable, and/or potential habitat for one or more
threatened and/or endangered species, as indicated on the most recent Protected
.^.nimal Maps; and
3. whether development on the property will adversely impact successful protection and
recovery of threatened or endangered species, such as development on Big Pine Key,
,
No Name Key, Ohio Key, and North Key Largo.
Those lands considered most sensitive according to the combination of (a), (b) and (0)
above shall be ranked as the highest priority for acquisition.
30 These two policy conflicts with the provisions and intent of the Administrative Relief process, which is intended
to provide certainty to property owners who are provided administrative relief by the County. The replacement
policy sets forth the criteria for the type of properties that the County should offer to purchase under Administrative
Relief. It should be noted that Policy 102.4.4 directs County to petition the State and Federal governments to take
responsibility for land acquisitions in Tier 1 areas.
pccomp plan-ROGO NROGO.amend
Policy 101.6.6
\Vhen considering the acquisition of lnnds denied building permit allocations through the
Permit Allocation System, Monroe County shall base the acquisition decision upon the
environmentally sensitivity ranking specified in Policy 101.6.5
Policy 101.6.5
Monroe County shall pursue land acquisition through voluntary purchase oflands from
private property owners denied a building permit through the Permit Allocation System,
as the preferred option for administrative relief pursuant to Policy 101.6.1, if the subject
permit is for development located within:
1. a designated Tier I area;
2. a designated Tier II area requiring the clearing of 5,000 square feet or more of
upland tropical hardwood hammock or pinelands habitat; or,
3. a designated Tier II or Tier III area on a non-waterfront lot suitable for affordable
housing.
Refusal of the purchase offer by a property owner shall not be grounds for the granting of
a ROGO or NROGO award.
Section 20. Amend Policy 101.12.4 to read as follows: 3]
Policy 101.12.4
Upon adoption of the Comprehensive Plan, Momoe County shall require that the
following analyses be undertaken prior to finalizing plans for the siting of any new or the
significant expansion (greater than 25 percent) of any existing public facility:
1. assessment of needs;
2. evaluation of alternative sites and design alternatives for the selected alternative
sites; and,
3. assessment of direct and secondary impacts on surrounding land uses and natural
resources.
The assessment of impacts on surrounding land uses and natural resources will evaluate
the extent to which the proposed public facility involves public expenditures in the
coastal high hazard area and within environmentally sensitive areas, including disturbed
salt marsh and buttonwood wetlands, undisturbed beach berm areas, units of the Coastal
Barrier Resources System, undisturbed uplands (particularly high quality hammock and
pinelands), habitats of species considered to be threatened or endangered by the state
and/or federal governments, offshore islands, and Conservation Lund Protection Areas
designated Tier I areas.
31 This new policy reflects amendments in draft Rule 28-20.ll 0; the proposed language has been revised to update it
with this series of amendments to the Comprehensive Plan.
pccomp plan-ROGO NROGO.amend
Except for passive recreational facilities on publicly-owned land, no new public
community or utility facility other than water distribution and sewer collection lines or
pump/vacuum/lift stations shall be allowed within Tier I designated areas unless it can be
accomplished without clearing of hammock or pinelands. Exceptions to this requirement
may be made to protect the public health, safety, and welfare, if all the following criteria
are met:
1. No reasonable alternatives exist to the proposed location: and,
2. The proposed location is approved by a supermaiority of the Board of County
Commissioners.
The site of the Key Largo Wastewater Treatment Facility (located at mile marker 100.5)
with an allowed clearing of up to 4.2 acres shall not be subject to this policy.
Section 21. Delete Policy 101.13.3.32
Policy 101.13.3
.^AS part of the first UlU1ual re':ievl of the Point System, an applicant in the Residential
Permit Allocation System shall be awarded either one unit for each one development
right transferred from an eligible sender site to an eligible receiver site (through the use
of TrUllsferable Development Rights or TDRs), or positive points in the Point System
(through the uses of Potential Development Credits or PDCs).
If the applicant opts to receive PDCs, the applicant would receive positive points for
transferring development rights mvay from a sender site to an eligible receiver site. By
using this option, the applicant .would forfeit the right to develop any additional units that
would be granted for TDRs.
Section 22. Renumber and amend Policy 101.13.4 as follows:
Policy 101.13.4 101.13.333
Transferable Development Rights may be used within the Residential Permit Allocation
System to increase density, subject to the limitations contained in the land development
regulations. The Maximum Net Density is the maximum density allowable with the use
of TDRs, and shall not exceed the maximum densities established in this plan. Density
The transfers assignment ofTDRs to Big Pine Key, No Name Key, and North Key Largo
from other areas of the County shall be prohibited.
Section 23. Delete Policy 101.13.5.34
Policy 101.13.5
believes the use of TDRs and PDCs in the pennit allocation process has little merit and would be too cumbersome to implement.
ion reflects the elimination of the authority to use TDRs in allocation system.
ion reflects an update of the policy and the staff's proposal to eliminate the PDCs concept from further consideration.
pccomp plan-ROGO NROGO.amend
,\s part ofthe first annual review of the Point System, positive points, or "Potential
Development Credits" (PDCs) shall be a'Narded for applications proposing non
residential development which 'Nill transfer development rights aY/ay from eligible sender
sites to eligible receiver sites. PDCs shall be a\varded to commercial projects for TDRs
transferred from either residential or commercial zones.
Section 24. Amend and renumber Policy 101.13.6 as follows:
Policy 101.13.6101.13.4
In conjunction with the first lllUluul review of the Point System evaluation of the existing
TDR program pursuant to Policy 101.13.2, parcels within the following habitats and land
use districts shall be designated as sender sites for Transferable Development Rights
(TDRs) and Potential Development Credits (PDCs):
Any parcel within these zoning categories:
Offshore Island (OS) Sparsely Settled (SS)
Mainland Native (MN) Parks and Refuge (PR)
Native (NA) Conservation (C)
Habitat of the following types which lie within any zoning category:
Freshwater wetlands
Saltmarsh/Buttonwood wetlands
High quality high hammock
High quality low hammock
Moderate quality high hammock
Moderate quality low hammock
High quality pinelands
Low quality pinelands
Beach/berm
Palm Hammock
Cactus Hammock
Disturbed Wetlands
Section 25. Delete Policy 101.13.7 and Policy 101.13.8.35
Policy 101.13.7
In conjunction with the first annual review of the Point System, the following guidelines
shall be used to establish positive point uwurds in the Residential Permit Allocution
System for each PDC:
Sender Site Receiver Site PDC Points
Fresh'.vater '.:vetland scarified, in DR most points
MU
IS
35 The deletion of these policies reflects the proposal to eliminate the concept of PDCs,
pccomp plan-ROGO NROGO.amend
.
SR SR ( disturbed land
flet
to include wetlands) least points
Policy 101.13.8
In conjunction with the first Dr..nual reyiew of the Point System, the follmving guidelines
shull be used to establish point a\yards in the Non residential Permit Allocation System
for each PDC:
Sender Site Receiver Site PDC Points
Freshwater '.vetland DC most points
SC
MU
SR SC or MU least points
Section 26. Amend and renumber Policy 101.13.9 as follows:36
Policy 101.13.9 101.13.5
No later than one year from the effective date of this plan, In conjunction with the
evaluation of the TDR program pursuant to Policy 101.13.2 and no later than one year
from the date when the County's Geographic Information System is fully functional,
Monroe County shall map potential TDR sender and receiver sites as specified in Policies
101.13.6 through 101.13.9 Policy 101.13.4, and shall map parcels from which
development rights have been transferred. These maps shall be updated as necessary and
made available to Growth Management staff and public for use in the development
reVIew process.
Section 27. Amend Policy 102.3.1 as follows:37
Policy 102.3.1
The Permit Allocation System (see Future Land Use Objectives 101.2 through 101.4 and
related policies) shall have the following environmental protection goals:
1. to reduce the exposure of residents to natural hazards;
2. to reduce disturbances to natural vegetation resource areas;
3. to reduce disturbances to terrestrial wildlife resources areas;
4. to reduce impacts of new development on ground'.vater and nearshore waters;
5. to acqUIre vacant privately-owned environmentally sensitive lands for
conservation and resource protection;
36 This revision reflects proposed revisions to preceding policies,
37 The revisions reflect changes in the proposed ROGO system.
pccomp plan.ROGO NROGO.amend
.
6. to encourage infill development where existing lands are already substantially
developed, served by complete infrastructure facilities and within close proximity
to established commercial areas and have few sensitive or significant
environmental features;
7. to ensure that the ecological integrity of natural areas is protected when land is
developed; and
8. to reduce adverse impacts on endangered and threatened species.
Accordingly, the Point System, which shall be used as the basis for. the annual allocation
of permits, shall assign negative and/or positive points to development applications based
~that helps to achieve the above environmental protection goals.
1. the occurrence of natural resources or natural hazards; andlor
2. proposed utilization of best management practices for '.VQstewater treatment and
disposal '."hich will avoid or mitigate the adverse impacts of development on natural
resources, particularly water quality.
(See Future Land Use Objective 1 01.5 and related policies for a list of positive and
negative factors to be included in the Permit Allocation System.) [9J-5.006(3)(c)1 and 6]
PASSED AND ADOPTED By the Planning Commission of Monroe County, Florida at a regular
meeting held on the 16th day of November 2004.
Chair Lynn Mapes YES
Vice Chair Denise Werling YES
Commissioner David C. Ritz YES
Commissioner Julio Margalli YES
Commissioner J ames Cameron YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
Lynn Mapes, Chair
Signed this day of , 2004.
pccomp plan-ROGO NROGO.amend
.
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION
.
DRC RESOLUTION NO. D24-04
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE
RECOMMENDING APPROVAL TO THE PLANNING COMMISSION OF THE REQUEST
BY THE MONROE COUNTY PLANNING DEP AR TMENT TO APPROVE THE
AMENDMENTS TO THE MONROE COUNTY COMPREHENSIVE PLAN BY DELETING,
REVISING AND ADDING POLICIES, OBJECTIVES AND REQUIREMENTS FOR THE
IMPLEMENTATION OF GOAL 105 OF THE 2010 COMPREHENSIVE PLAN AND THE
TIER OVERLAY DISTRICT BY DELETING POLICIES 101.4.20, 102.9.5, 102.9.6, 103.2.2,
207.1.2, 207.10.5, 207.12.6 AND OBJECTIVE 1201.13. AND REVISING POLICIES
101.4.22, 101.14.1, 102.1.1, 102.4.1, 102.4.2, 102.4.3, 102.4.4, 102.4.5, 102.4.6, 102.4.7,
102.7.3, 102.8.1, 102.8.5, 102.9.1, 102.9.2, 102.9.3,102.9.4, 103.2.1,205.1,205.1.1, 205.1.2,
205.1.3,205.1.4,205.1.5,205.1.6,205.2.1,205.2.2, 205.2.6,205.2.7,205.2.14, 205.5.1,205.5.2,
207.1.2 Revise Objective 102.4, 102.9, 201.1, 205.2 and 205.5, OF THE 2010
COM:PREHENSIVE PLAN.
WHEREAS, the Monroe County Development Review Committee, during a regular meeting held
on September 9, 2004, conducted a review and consideration of the request filed by the Monroe County
Planning Department to delete, revise, and add policies and objectives that make up the requirements to
implement Goal 105 of the 20 I 0 Comprehensive Plan and the Tier Overlay District;
WHEREAS, Goal I05 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;
WHEREAS, Tier Maps were developed following the criteria in Goal 105, utilizing computer
mapping (GIS), identifying areas appropriate for additional development and those, which are important
environmentally and should be preserved.
WHEREAS, The boundaries for the Tier Maps were drawn using environmental and development
information and digital data from the Florida Keys Carrying Capacity Study (FKCCS), the Planning
Department and the Property Appraisers Office and refined through site visits by the County Biologists
and Planners.
WHEREAS, 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. Hammock size is a major determinate of habitat quality according to FKCCS, which is why
size and connectivity were used to identify the best and most important terrestrial habitat areas for
preservation.
WHEREAS, Tier II contains smaller hammock patches isolated by surrounding development; the
quality is reduced because of the negative secondary impacts of development. These areas still contain a
large number of undeveloped lots.
WHEREAS, Tier III is appropriate for additional infill development because of the location and
amount of existing development in the areas designated.
WHEREAS, hammock size is a major determinate of habitat quality according to the FKCCS,
therefore size and connectivity are used in determining the boundary of the Tiers to identify the best and
most important terrestrial habitat areas for preservation.
.
WHEREAS, the proposed ROGO is a positive system, awarding major points for the Tier location
of property: Tier III - +25 points; Tier II - +20 points; Tier I - 0 points. The point system is different on
BPK and NNK because the Habitat Conservation Plan for the islands controls the permitting. Points
may be accrued by donating lots to the County for preservation in Tier I and Tier II. Additional points
can be gained in Tier II and Tier III by aggregating lots.
WHEREAS, ROGO has been completely redrafted utilizing the Tier System as the basis. Where
the current ROGO has eighteen criteria for assigning points, the proposed ROGO contains six criteria.
The habitat protection and reduction of sprawl, which are the planning reasons for most of the points
were considered during drafting and are the basis of the Tier maps. The sustainability points, water and
energy conservation, are more appropriately addressed in the building code; ,
WHEREAS, in response to a BOCC direction the points to lot dedication were modified to award a
point for each 5,000 square feet of an SR platted lot. An IS, URM and CFV platted lot will receive four
points and the single point value for unbuildable platted SR lots reflects the comparative buildability.
WHEREAS, the current NROGO has thirteen criteria for assigning points, the proposed NROGO
contains six criteria, awarding major points for the Tier location of a property. Additional points may be
accrued by dedicating lots, reducing intensity and through landscaping and water conservation.
BE IT RESOL VED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE
COUNTY, FLORIDA, to recommend APPRO V AL to the Monroe County Plmming Commission, of
the amendments to the 2010 Comprehensive Plan to implement GoallOS and the Tier Overlay System.
PASSED AND ADOPTED by the Development Review Committee of Monroe County, Florida, at a
regular meeting held on the 9th of September, 2004.
Aref Joulani, DRC Chair YES
Jason King, Planner YES
David Dacquisto YES
Andrew Trivette, Biologist YES
Ralph Gouldy, Senior Environmental Resources Planner YES
Department of Public Works YES
Department of Engineering YES
Department of Health YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY
BY
Aref Joulani, DRC Chair
Signed this 9th day of September, 2004.