Loading...
Item U4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 18, 2005 Division: Growth Management Bulk Item: Yes No -X- Department: Planning and Environmental Services Staff Contact Person: K. Marlene Conaway AGENDA ITEM WORDING: Public hearing to consider an Interim Development Ordinance for the U.S. Highway 1 Corridor between Tavernier Creek and Mile Marker 97 deferring the acceptance of development and providing for expiration within six months after the effective date of the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 or upon adoption of design standards and design guidelines, whichever comes first. (1st of 2 required public hearings) ITEM BACKGROUND: The Board of County Commissioners (BOCC) at their meeting of February 16, 2005, adopted the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 as an amendment to the Monroe County Year 2010 Comprehensive Plan. At the direction of the BOCC, Growth Management staff prepared an Interim Development Ordinance to defer acceptance of development applications that seek development approval for new development or redevelopment in the U.S. 1 Highway Corridor Tavernier Creek to Mile Marker 97. On January 16, 2005, the BOCC contracted with HDR consultants to develop design standards and design guidelines for development and redevelopment within the subject area. PREVIOUS RELEVANT BOCC ACTION: The BOCC adopted the Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 on February 16,2005. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/ A COST TO COUNTY: N/A BUDGETED: Yes SOURCE OF FUNDS: No REVENUE PRODUCING: Yes N/ A No AMOUNT PER MONTH_ Year DIVISION DIRECTOR APPROVAL: APPROVED BY: County Arty -X- OMBIPurchasin Not Required_ DOCUMENTATION: Included X DISPOSITION: AGENDA ITEM # INTERIM DEVELOPMENT ORDINANCE US 1 HIGHWAY CORRIDOR BETWEEN TAVERNIER CREEK AND MILE MARKER 97 BOARD OF COUNTY COMMISSIONERS KEY LARGO May 18, 2005 INTERIM DEVELOPMENT ORDINANCE A REQUEST BY MONROE COUNTY DEPARTMENT OF PLANNING AND ENVIRONMENTAL RESOURCES TO ADOPT AN INTERIM DEVELOPMENT ORDINANCE FOR THE U.S. HIGHWAY 1 CORRIDOR BETWEEN TAVERNIER CREEK AND MILE MARKER 97; ESTABLISHING THE BOUNDARIES THEREOF; DEFERRING THE ACCEPTANCE OF DEVELOPMENT APPLICATIONS UNTIL DESIGN STANDARDS AND GUIDELINES ARE ADOPTED; PROVIDING FOR EXEMPTIONS; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS (DCA); PROVIDING FOR EXPIRATION WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THE LIVABLE COMMUNIKEYS MASTER PLAN TAVERNIER CREEK TO MILE MARKER 97 OR UPON ADOPTION OF DESIGN STANDARDS AND DESIGN GUIDELINES, WHICHEVER COMES FIRST. STAFF: Approval March 24, 2005 DRC: Approval March 24, 2005 Resolution # D7-05 pc: Approval April 27, 2005 Resolution # P17-05 DRAFT Boce ORDINANCE ORDINANCE NO. AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING AN INTERIM DEVELOPMENT ORDINANCE FOR THE U.S. HIGHWAY 1 CORRIDOR BETWEEN TAVERNIER CREEK AND MILE MARKER 97; ESTABLISHING THE BOUNDARIES THEREOF; DEFERRING THE ACCEPT ANCE OF DEVELOPMENT APPLICATIONS UNTIL DESIGN ST ANDARDS AND GUIDELINES ARE ADOPTED; PROVIDING FOR EXEMPTIONS; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS (DCA); PROVIDING FOR EXPIRATION WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THE LIVABLE COMMUNlKEYS MASTERPLAN TAVERNIER CREEK TO MILE MARKER 97 OR UPON ADOPTION OF DESIGN STANDARDS AND DESIGN GUIDELINES, WHICHEVER COMES FIRST. WHEREAS, the Board of County Commissioners at their meeting of February 16, 2005, adopted the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 as an amendment to the Monroe County Year 2010 Comprehensive Plan (referred to hereafter as the 2010 Plan); and WHEREAS, The Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 (referred to hereafter as the Master Plan) is the product of the Livable CommuniKeys program as outlined in the 2010 Plan Objective 101.20; and WHEREAS, Goal 105, "Smart Growth," was adopted by the Board of County Commissioners in 2001; and WHEREAS, Objective 105.1.2 directs the County to prepare design guidelines to ensure that future uses and development are compatible with scenic preservation and maintenance of the character of the casual island village atmosphere of the Florida Keys; and WHEREAS, the 2010 Plan Objective 101.20 identifies the Livable CommuniKeys Planning Program as a planning program designed to address community needs while balancing the needs of all of Monroe County; and WHEREAS, Action Item 3.1.2 in the adopted Master Plan requires that design standards be prepared and that any new development or redevelopment within the US 1 Highway corridor be consistent with design standards; and WHEREAS, Action Item 3.15 in the adopted Master Plan directs the County to adopt a temporary moratorium on development in the corridor until the guidelines are adopted or six months after the effective date of the Master Plan, whichever comes first; and Page 1 of6 4/14/2005 WHEREAS, the County has committed necessary staff and resources to the development of the design standards and design guidelines in order to facilitate diligent and good faith efforts to establish policies and regulations within a reasonable period of time; and WHEREAS, the utilization of the moratorium device as a temporary measure to facilitate government decision making, study and adoption of comprehensive plan and land development regulations is a legitimate governmental tool to facilitate logical and considered growth and as a means of avoiding inefficient and ill-conceived development; and, WHEREAS, the Board of County Commissioners, in anticipation of the adoption of the Master Plan, voted to contract with HDR Consultants to prepare the design guidelines and design standards and implementation measures including Land Development Regulations at their meeting of January 19,2005; and WHEREAS, the County finds that it is necessary to enact an Interim Development Ordinance deferring the acceptance of development applications that seek development approval for new development or redevelopment in the U. S Highway 1 corridor until such time that the County can prepare design guidelines; and, WHEREAS, the purpose of this Interim Development Ordinance provides mechanisms to assure democratic discussions and participation by citizens, developers, and property owners who may be affected by eventual amendments to the Land Development Regulations; and WHEREAS, this Interim Development Ordinance constitutes a valid exercise of the County's police power and is otherwise consistent with Section 163.3161, et seq., F.S., which, inter alia, encourages the use of innovative land development regulations including provisions like moratoria to implement the adopted comprehensive plan; and WHEREAS, the purpose and intent of this Interim Development Ordinance is necessary to provide the County the opportunity to create design standards and design guidelines for review and approval of developments requiring review under Action Item 3.1.2 of the Master Plan; and WHEREAS, following the direction of the Board of County Commissioners in the adopted Master Plan, the Growth Management Division staff immediately undertook the development of this Interim Development Ordinance and began working with the consultants HDR, lnc on development of design standards and guidelines; and WHEREAS, the Planning Commission has reviewed the draft Interim Development Ordinance and recommended approval to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners has reviewed and considered the draft Interim Development Ordinance recommended by the Planning Commission and Planning staff. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Page 2 of6 4/14/2005 Section 1: Pursuant to the Livable Communi Keys Master Plan Tavernier Creek to Mile Marker 97 adopted by the Board of County Commissioners on February 16, 2005, the Interim Development Ordinance shall apply to the U.S. Highway 1 Corridor between Tavernier Creek and Mile Marker 97 including the Community Center, the boundaries of which are described on the map, attached hereto as Exhibits 1 and 2, and hereby is made part of this ordinance. Section 2: Pursuant to its lawful authority and the pending legislation doctrine as set forth in Smith v. City of Clearwater, 383 So.2d 681 (Fla. 2d DCA, 1980) the Board of County Commissioners hereby establishes the interim development regulations set forth in this Ordinance, which shall remain in full force and effect until the expiration of this legislation within six months of the effective date of the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 or whenever the land development regulations and design standards and guidelines become effective, whichever comes first Section 3: During the period (defined in Section 2, above) that this Interim Development Ordinance is in effect, no application for a building permit or development approval shall be granted for new development or redevelopment, within the U.S. Highway 1 Corridor between Tavernier Creek and Mile Marker 97 including the Community Center, which meet the following criteria: 1. Any new or expanded non-residential structures. 2. Any new or expanded outdoor retail sales. 3. Any new residential structure containing more than two units or redeveloped residential structure containing more than two units that involves a change in floor area, building height, or configuration of building footprint. 4. Any new transient residential structure or redeveloped eXlstmg transient residential structure that involves a change in floor area, building height, or configuration of building footprint. Section 4: The following are exempt from this ordinance: L Public buildings as defined in Section 9.5-4 (P-18) of the Code, subject to review and approval of building design by the Planning Commission, based on the draft architectural design standards and design guidelines prepared for the county by HDR consultants. 2. Development under an approved conditional use permit, repair and/or approvals required for life safety improvements. Section 5: The Planning Commission is hereby authorized to hear such review created by Section 4 hereof, and approve or disapprove any building design based on the draft architectural design standards and design guidelines. Notice of the public hearing shall be given in conformance with procedures of Section 9.5-45. The application for design review shall be in a form specified by the director of planning and shall be accompanied by a nonrefundable application fee of $250.00. Page 3 of6 4/14/2005 Section 6: Until expiration of the Interim Development Ordinance created by Sections 1, 2 and 3 hereof, no application for a building permit or development approval shall be granted pursuant to an application or request with a submittal date of April 1, 2005, or later. Section 7: Any application for a building permit or development approval with a submittal date of March 31, 2005 or earlier shall be exempt from this Interim Development Ordinance. Section 8: As of the effective date of this Ordinance no building permit application or planning approval meeting the criteria for review identified in Section 3 hereof, shall be accepted or processed by the Growth Management Division, except applications exempt hereunder and development awarded a vested rights determination pursuant to Section 10 hereof. Section 9: This Ordinance shall not be construed to prohibit application for, or the issuance of a building permit or development approval for any development or redevelopment that does not meet the criteria for review identified in Section 3 hereof that is allowed pursuant to the Monroe County Land Development Regulations and the 2010 Plan. Section 10: Any property owner adversely affected by the provisions of this Interim Development Ordinance may seek a determination that the owner's proposed development or redevelopment is vested against the provisions of this Interim Development Ordinance, by filing with the Director of Growth management, together with an administrative fee in the amount of $400.00, a vested rights application setting forth facts establishing the applicant met, prior to the date that this Ordinance is adopted by the Board of Monroe County Commissioners, the vested rights standards set forth in Section 9.5-181, Monroe County code. Such application must be filed no later than sixty (60) days after the effective date of this ordinance. Section 11: The County Administrator is directed to have the Growth Management Division begin immediately preparing the draft text and other supporting studies in cooperation with the Planning Commission to develop design standards and design guidelines for development and redevelopment along the U.S. Highway 1 Corridor between Tavernier Creek and Mile Marker 97 including the Community Center. Section 12: In preparing these amendments, the County Administrator is directed to focus the Growth Management Division's efforts in the following important areas: I) preparation of design standards and design guidelines to ensure that future uses and development are compatible with scenic preservation and maintenance of the character of the casual island village atmosphere of the Florida Keys; 2) identification of regulatory amendments and strategies to ensure that the goals and objectives of the 2010 Plan and the Master Plan are properly implemented. Page 4 of6 4/29/2005 Section 13: If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 14: All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 15: The ordinance is hereby transmitted to the Florida Department of Community Affairs pursuant to Chapter 380, Florida Statutes. Section 16: This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission approving pursuant to Chapter 380, Florida Statutes. Section 17: This Ordinance shall stand repealed as of the adoption of design standards and design guidelines for the U.S. Highway 1 Corridor Between Tavernier Creek and Mile Marker 97 including the Community Center or six months after the effective date of the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97, whichever comes first, unless repealed sooner or extended pursuant to the terms set forth herein. -Remainder of this page left blank - Page 5 of6 4/29/2005 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the _ day of ' 2005. Mayor Dixie Spehar Mayor Pro Tern Charles "Sonny" McCoy Commissioner George Neugent Commissioner David Rice Commissioner Murray Nelson BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Dixie Spehar (SEAL) MONROE COUNTY ATl'ORHEY APPazD AS TO FORM A i . L iJ. :t::'i' 05 ATTEST: DANNY L. KOHAGE, CLERK I Dale: Deputy Clerk A TT ACHED - US. HIGHWAY 1 CORRIDOR BETWEEN TAVERNIER CREEK AND MM 97 AND COMMUNITY CENTER MAP Page6of6 4/29/2005 Livable CommuniKevs Master Plan (or TlWernier Cr&k Bridqe to Mile Marker 97 T Q vern' et' Creek to Mi Ie Morker 97 V5 Corridor Area Between 1\1M 91 and MM <)7 Exhibit 1 " MOil~County Planning and Jl;t;0ronmentaJ Reso~" tl#parttllell1 A F~W:!f~-I'! 1.':;-' J& ~_,,*, ~~"J(.(Jl Figue 2:.4 Map of tht'U $, Corridor Area Between Mile Marker 91 and Mile Marker 97 C~mmunity Olaracter Element 420 !iwill1m!' O_jIj\<Big~~ Jtfl11illi1r!'Jim . TifW_ii!Y Crm J!JrOiJIJtit I;,~ /llfii! MWfrilr 9Y Exhibit 2 A ""!lip nf&,e us ! Cntd$'l\t Am! (,,,,rtljned Tell) ,~- ~;~,~w~::f wt (:~:-i'#~Xi:f.!li(V (1ttj},YiCXf~r if!i:!ftH/H$ 41 file:/ IV: \ Growth Management\ Plan ning \ Dacquisto \ BOCC Moratorium Tav \ maps \ Exhibit 2 CenterMap.jpg Page 1 of 1 4/29/2005 BOCC STAFF REPORT Memorandum TO: FROM: DATE: RE: Monroe County Board of County Commissioners K. Marlene Conaway April 26, 2005 Interim Development Ordinance, U.S. Highway 1 Corridor Tavernier Creek to MM 97 including the Community Center Board of County Commissioners Meeting Date: 05/18/2005 Summary The Board of County Conunissioners (BOCC) at their meeting of February 16,2005 adopted the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 (Master Plan). Action Item 3.1.2 of the Master Plan identified the development and redevelopment within the U.S. 1 Highway Corridor Tavernier Creek to Mile Marker 97 and Community Center that would be required to comply with design standards to be established for the area. Action Item 3.1.5 of the Master Plan provided for an Interim Development Ordinance (IDO) on all development meeting the threshold for design review and approval as identified in Action Item 3.1.2. Upon adoption of the Master Plan, the Growth Management staff prepared an IDO to defer acceptance of development applications that seek development approval for new development or redevelopment in the U.S. 1 Highway Corridor Tavernier Creek to Mile Marker 97 and Community Center that meet the threshold for design review. In anticipation of adoption of the Master Plan and to minimize the term of the IDO, the BOCC on January 16, 2005 contracted with HDR consultants to develop design standards and design guidelines for development and redevelopment within the U.S. 1 Highway Corridor Tavernier Creek to Mile Marker 97 and Community Center and to write the implementation lcU1guage including required amendments to the Monroe County Code. The IDO will remain in effect until design standards and design guidelines for the U. s. Highway 1 Corridor between Tavernier Creek and Mile Maker 97 induding the Community Center are adopted or six months after the effective date of the Master Plan, whichever comes first. Applications received with a submittal date of March 31, 2005 or earlier will be exempt from this ordinance. Applications received after that date will not be processed and no applications will be accepted after the effective date of the ordinance pursuant to the "Pending Ordinance Doctrine" . Background Interim Development Ordinance The Tavernier Creek to Mile Marker 97 Livable CommuniKeys Master Plan identified the need to develop design standards and design guidelines for the U.S. Highway 1 Corridor between Tavernier Creek and Mile Marker 97 including the Community Center. Action Item 3.1.2 in the adopted Master Plan requires that design standards be prepared and that any new development or redevelopment within the U.S. Highway 1 Corridor between Tavernier Creek and Mile Marker 97 including the Community Center be consistent with design standards created and adopted for the Corridor. Action Item 3.1.5 provided for an 100 to defer development redevelopment meeting the threshold for review under Action Item 3.1.2 until the guidelines are adopted or six months after the effective date of the Muster Plan, whichever comes first The IDa defers new construction or redevelopment during the term of the IDa to prevent development or redevelopment that would not be consistent with the design standards and design guidelines that will be developed and that would not be consistent with the vision and architectural model for the area. The boundaries of the IDO are identified in Section 1 of the IDa and on the attached maps Exhibit 1 and Exhibit 2. Section 3 of the 100 sets out the development restrictions that will remain in effect for the duration of the IDO. No application for a building permit or development approval v.rill be granted for new development or redevelopment, within the U.S. Highway 1 Corridor between Tavernier Creek and Mile Marker 97 including the Community Center, if the proposal meets one or more of the following criteria: 1. Any new or expanded non-residential structures. 2. Any new or expanded outdoor retail sales. 3. Any new residential structure containing more than two units or redeveloped residential structure containing more than two units that involves a change in floor area, building height, or configuration of building footprint. 4. Any new transient residential stmcture or redeveloped existing transient residential structure that involves a change in floor area, building height, or configuration of building footprint There are two exceptions to the development restrictions identified in the IDa and they are enumerated in Section 4 of the IDO, The exceptions include an option for proposed public buildings that are subject to the IDO where the applicant agrees to Planning Commission design review based on draft design standards and guidelines. The other exception is for development under an approved conditional use permit, repair and/or approvals required for life safety improvements: 1. Public buildings as defined in Section 9.5-4 (P-18) of the Code, subject to review and approval of building design by the Planning Commission, based on the draft architectural design standards and design guidelines prepared for the county by HDR consultants. 2. Development under an approved conditional use permit, repair and/or approvals required for life safety improvements. The IDO refers to the Monroe County Code Section 9.5-181 Determination of vested rights as the process for property owners to seek a detennination that the owner's proposal is vested against the provisions of the IDa and can proceed. Planning Commission Action The Monroe County Planning Commission at their meeting of April 27, 2005 recommended approval of the Interim Development Ordinance with the modifications as stated below: Section 6: Until expiration of the Interim Development Ordinance created by Sections 1, 2 and 3 hereof, no building permits no application for a building permit or development approval shall be granted pursuant to an application or request with a submittal date of April l, 2005, or later. Section 9: This Ordinance shall not be construed to prohibit the issuance of a btrilding permit or planning appro';nl prohibit application for, or the issuance of a building pennit or development approval for any development or redevelopment that does not meet the criteria for review identified in Section 3 hereof that is allowed pursuant to the Monroe County Land Development Regulations and the 2010 Plan. Boundary Map The boundaries of the IDO run from Tavernier Creek to Mile Marker 97 encompass the lots adjacent to u.s. 1 and include the Community Center. Where lots have been combined, all lots have been included. The IDa boundary is identified on Exhibits 1 and 2. Staff Recommendation Staff recommends approval of the attached Interim Development Ordinance with the modifications as stated above, for the U.S. Highway 1 Corridor between Tavemier Creek and Mile Marker 97; establishing the boundaries thereof; defening the acceptance of development applications until design standards and guidelines are adopted; providing for exemptions; providing for transmittal to the Department of Community Affairs (DCA); providing for expiration within six months after the effective date of the Livable ComD1uniKeys Master Plan Tavernier Creek to Mile Marker 97 or upon adoption of design standards and design guidelines, whichever comes first. Cc: Timothy 1. McGarry, Director Growth Management K. Marlene Conaway, Director of Planning and EnvirolU11ental Resources Kerry Willis, Esquire Elizabeth La Fleur, Director, Lower Keys Island Planning Team PLANNING COMMISSION RESOLUTION # P17-05 RESOLUTION NO. P-17-0S AN RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING ADOPTION OF AN INTERIM DEVELOPMENT ORDINANCE FOR THE U.S. HIGHWAY 1 CORRIDOR BETWEEN TAVERNIER CREEK AND MILE MARKER 97; ESTABLISHING THE BOUNDARIES THEREOF; DEFERRING THE ACCEPTANCE OF DEVELOPMENT APPLICATIONS UNTIL DESIGN STANDARDS AND GUIDELINES ARE ADOPTED; PROVIDING FOR EXEMPTIONS; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS (DCA); PROVIDING FOR EXPIRATION WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THE LIVABLE COMMUNIKEYS MASTER PLAN TAVERNIER CREEK TO MILE MARKER 97 OR UPON ADOPTION OF DESIGN STANDARDS AND DESIGN GUIDELINES, WHICHEVER COMES FIRST. WHEREAS~ The Monroe County Planning Commission, during a public hearing held on April 27, 2005, reviewed and considered the proposed Interim Development Ordinance; and WHEREAS~ the Board of County Commissioners at their meeting of Febmary 16, 2005, adopted the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 as an amendment to the Monroe County Year 2010 Comprehensive Plan (referred to hereafter as the 2010 Plan); and WHEREAS~ The Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 (referred to hereafter as the Master Plan) is the product of the Livable CommuniKeys program as outlined in the 2010 Plan Objective 101.20; and WHEREAS, Goal 105, "Smart Growth," was adopted by the Board of County Commissioners in 200 I; and WHEREAS, Objective 105.1.2 directs the County to prepare design guidelines to ensure that future uses and development are compatible with scenic preservation and maintenance of the character of the casual island village atmosphere of the Florida Keys; and WHEREAS, the 2010 Plan Objective 101.20 identifies the Livable CommuniKeys Planning Program as a planning program designed to address community needs while balancing the needs of all of Monroe County; and WHEREAS~ Action Item 3.1.2 in the adopted Master Plan requires that design standards be prepared and that any new development or redevelopment within the US 1 Highway corridor be consistent with design standards; and WHEREAS, Action Item 3.1.5 in the adopted Master Plan directs the County to adopt a temporary moratorium on development in the corridor until the guidelines are adopted or six months after the effective date of the Master Plan, whichever comes first; and Page 1 of 6 4/29/2005 WHEREAS, the County has committed necessary staff and resources to the development of the design standards and design guidelines in order to facilitate diligent and good faith efforts to establish policies and regulations within a reasonable period of time; and WHEREAS, the utilization of the moratorium device as a temporary measure to facilitate government decision making, study and adoption of comprehensive plan and land development regulations is a legitimate governmental tool to facilitate logical and considered growth and as a means of avoiding inefficient and ill-conceived development; and, WHEREAS, the Board of County Commissioners, in anticipation of the adoption of the Master Plan, voted to contract with HDR Consultants to prepare the design guidelines and design standards mld implementation measures including Land Development Regulations at their meeting of January 19,2005; and WHEREAS, the County finds that it is necessary to enact an Interim Development Ordinance deferring the acceptance of development applications that seek development approval for new development or redevelopment in the U. S Highway 1 corridor until such time that the County can prepare design guidelines; and, WHEREAS, the purpose of this Interim Development Ordinance provides mechanisms to assure democratic discussions and participation by citizens, developers, and property owners who may be affected by eventual amendments to the Land Development Regulations; and WHEREAS, Chapter 125 F.S., authorizes the Board of County Commissioners to adopt ordinances to provide standards protecting against imminent and immediate threat to the health, safety, and welfare of the citizens of Monroe County; and WHEREAS, this Interim Development Ordinance constitutes a valid exercise of the County's police power and is otherwise consistent with Section 163.3161, et seq., F.S., which, inter alia, encourages the use of innovative land development regulations including provisions like moratoria to implement the adopted comprehensive plan; and WHEREAS, the purpose and intent of this Interim Development Ordinmlce is necessary to provide the COlmty the opportunity to create design standards and design guidelines for review and approval of developments requiring review under Action Item 3,1.2 of the Master Plan; and WHEREAS, following the direction of the Board of County Commissioners in the adopted Master Plan, the Growth Management Division staff immediately undertook the development of this Interim Development Ordinance and began working with the consultants HDR, Inc on development of design standards and guidelines; and WHEREAS, the Plalming Commission after hearing public comments and statl input, finds that the proposed Interim Development Ordinance is consistent with and furthers the goals and objectives of the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 and the Monroe County Year 2010 Comprehensive Plan; and Page 2 of 6 4/29/2005 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 Interim Development Ordinance: Section 1: Pursuant to the Livable Communi Keys Master Plan Tavernier Creek to Mile Marker 97 adopted by the Board of County Commissioners on February 16, 2005, the Interim Development Ordinance shall apply to the U.S. Highway 1 Corridor between Tavernier Creek and Mile Marker 97 including the Community Center, the boundaries of which are described on the map, attached hereto as Exhibits 1 and 2, and hereby is made part of this ordinance. Section 2: Pursuant to its lawful authority and the pending legislation doctrine as set forth in Smith v. City of Clearwater, 383 So.2d 681 (Fla. 2d DCA, 1980) the Board of County Commissioners hereby establishes the interim development regulations set forth in this Ordinance, which shall remain in full force and effect until the expiration of this legislation within six months of the effective date of the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 or whenever the land development regulations and design standards and guidelines become effective, whichever comes first. Section 3: During the period (defined in Section 2, above) that this Interim Development Ordinance is in effect, no application for a building permit or development approval shall be granted for new development or redevelopment, within the U.S. Highway 1 Corridor between Tavernier Creek and Mile Marker 97 including the Community Center, which meet the following criteria: 1. Any new or expanded non-residential structures. 2. Any new or expanded outdoor retail sales. 3. Any new residential structure containing more than two units or redeveloped residential structure containing more than two units that involves a change in floor area, building height, or configuration of building footprint. 4. Any new transient residential structure or redeveloped existing transient residential structure that involves a change in floor area, building height, or configuration of building footprint. Section 4: The following are exempt from this ordinance: 1. Public buildings as defined in Section 9.5-4 (P-18) of the Code, subject to review and approval of building design by the Planning Commission, based on the draft architectural design standards and design guidelines prepared for the county by HDR consultants. 2. Development under an approved conditional use permit, repair and/or approvals required for life safety improvements. Section 5: The Planning Commission is hereby authorized to hear such review created by Section 4 hereof: and approve or disapprove any building design based on the draft architectural Page 3 of 6 4/29/2005 design standards and design guidelines. Notice of the public hearing shall be given in conformance with procedures of Section 9.5-45. The application for design review shall be in a form specified by the director of planning and shall be accompanied by a nonrefundable application fee of $250.00. Section 6: Until expiration of the Interim Development Ordinance created by Sections I, 2 and 3 hereof, no application for a building permit or development approval shall be granted pursuant to an application or request with a submittal date of April 1, 2005, or later. Section 7: Any application for a building permit or development approval with a submittal date of March 31, 2005 or earlier shall be exempt from this Interim Development Ordinance. Section 8: As ofthe effective date of this Ordinance no building permit application or planning approval meeting the criteria for review identi1ied in Section 3 hereof, shall be accepted or processed by the Growth Management Division, except applications exempt hereunder and development awarded a vested rights determination pursuant to Section 10 hereof. Section 9: This Ordinance shall not be construed to prohibit application for, or the issuance of a building permit or development approval for any development or redevelopment that does not meet the criteria for review identified in Section 3 hereof that is allowed pursuant to the Monroe County Land Development Regulations and the 2010 Plan. Section 10: Any property owner adversely affected by the provisions of this Interim Development Ordinance may seek a determination that the owner's proposed development or redevelopment is vested against the provisions of this Interim Development Ordinance, by filing with the Director of Growth management, together with an administrative fee in the amount of $400.00, a vested rights application setting forth facts establishing the applicant met, prior to the date that this Ordinance is adopted by the Board of Monroe County Commissioners, the vested rights standards set forth in Section 9.5-181, Monroe County code. Such application must be filed no later than sixty (60) days after the effective date of this ordinance. Section 11: The County Administrator is directed to have the Growth Management Division begin immediately preparing the draft text and other supporting studies in cooperation with the Planning Commission to develop design standards and design guidelines for development and redevelopment along the U.S. Highway 1 Corridor between Tavernier Creek and Mile Marker 97 including the Community Center. Section 12: In preparing these amendments, the County Administrator is directed to focus the Growth Management Division's efforts in the following important areas: 1) preparation of design standards and design guidelines to ensure that future uses and development are compatible with scenic preservation and maintenance of the character of Page 4 of6 4/29/2005 the casual island village atmosphere of the Florida Keys; 2) identification of regulatory amendments and strategies to ensure that the goals and objectives of the 2010 Plan and the Master Plan are properly implemented. Section 13: If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 14: All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict Section 15: The ordinance is hereby transmitted to the Florida Department of Community Affairs pursuant to Chapter 380, Florida Statutes. Section 16: This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission approving pursuant to Chapter 380, Florida Statutes. Section 17: This Ordinance shall stand repealed as of the adoption of design standards and design guidelines for the U.S. Highway 1 Corridor Between Tavernier Creek and Mile Marker 97 including the Community Center or Six months after the effective date of the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97, whichever comes first, unless repealed sooner or extended pursuant to the terms set forth herein. -Remainder of this page left blank- Page 5 of6 4/29/2005 PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida at a regular meeting held on the 2ih day of April, 2005. Chair Lynn C. Mapes Vice Chair Denise Werling Commissioner Jiulio Margalli Commissioner Janles C. Cameron Commissioner Randy Wall Yes Yes Yes No Absent PLANNING COMMISSION OF MONROE COUNTY, FLORIDA BY Lynn Mapes, Chair Signed this day of ,2005. A TT ACHED - MAPS EXHIBIT 1 and EXHIBIT 2, U.S. HIGHWAY 1 CORRIDOR BETWEEN TAVERNIER CREEK AND MM 97 AND COMMUNITY CENTER MAPS Page 6 of6 4/29/2005 DEVELOPMENT REVIEW COMMITTEE RESOLUTION #D7 -05 DRC RESOLUTION NO. D7-05 AN RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE MONROE COUNTY PLANNING COMMISSION OF THE ADOPTION OF AN INTERIM DEVELOPMENT ORDINANCE FOR THE U.S. HIGHW A Y 1 CORRIDOR BETWEEN TAVERNIER CREEK AND MILE MARKER 97; ESTABLISHING THE BOUNDARIES THEREOF; DEFERRING THE ACCEPTANCE OF DEVELOPMENT APPLICATIONS UNTIL DESIGN STANDARDS AND GUIDELINES ARE ADOPTED; PROVIDING FOR EXEMPTIONS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS (DCA); PROVIDING FOR EXPIRATION WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THE LIV ABLE COMMUNIKEYS MASTER PLAN TAVERNIER CREEK TO MILE MARKER 97 OR UPON ADOPTION OF DESIGN STANDARDS AND DESIGN GUIDELINES, WHICHEVER COMES FIRST. WHEREAS, the Board of County Commissioners at their meeting of February 16, 2005, adopted the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 as an amendment to the Monroe County Year 2010 Comprehensive Plan (referred to hereafter as the 2010 Plan); and WHEREAS, the Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 (referred to hereafter as the Master Plan) is the product of the Livable CommuniKeys program as outlined in the 2010 Plan Objective 101.20; and WHEREAS, Goal 105, "Smart Growth," was adopted by the Board of County Commissioners in 2001; and WHEREAS, Objective 105.1.2 directs the County to prepare design guidelines to ensure that future uses and development are compatible with scenic preservation and maintenance of the character of the casual island village atmosphere of the Florida Keys; and WHEREAS, the 2010 Plan Obj ective 101.20 identifies the Livable CommuniKeys Planning Program as a planning program designed to address community needs while balancing the needs of all of Monroe County; and WHEREAS, Action Item 3.1.2 in the adopted Master Plan requires that design standards be prepared and that any new development or redevelopment within the US 1 Highway corridor be consistent with design standards; and WHEREAS, Action Item 3.1.5 in the adopted Master Plan directs the COlmty to adopt a temporary moratorium on development in the corridor until the guidelines are adopted or six months after the effective date of the Master Plan, whichever comes first; and Page 1 of 6 4/29/2005 WHEREAS, the County has committed necessary staff and resources to the development of the design standards and design guidelines in order to facilitate diligent and good faith efforts to establish policies and regulations within a reasonable period of time; and WHEREAS, the utilization of the moratorium device as a temporary measure to facilitate government decision making, study and adoption of comprehensive plan and land development regulations is a legitimate governmental tool to facilitate logical and considered growth and as a means of avoiding inefficient and ill-conceived development; and, WHEREAS, the Board of County Commissioners, in anticipation of the adoption of the Master Plan, voted to contract with HDR Consultants to prepare the design guidelines and design standards and implementation measures including Land Development Regulations at their meeting of January 19,2005; and WHEREAS, the County tinds that it is necessary to enact an Interim Development Ordinance deferring the acceptance of development applications that seek development approval for new development or redevelopment in the U. S Highway 1 corridor until such time that the County can prepare design guidelines; and, WHEREAS, the purpose of this Interim Development Ordinance provides mechanisms to assure democratic discussions and participation by citizens, developers, and property owners who may be affected by eventual amendments to the Land Development Regulations; and WHEREAS, Chapter 125 F.s., authorizes the Board of County Commissioners to adopt ordinances to provide standards protecting against imminent and immediate threat to the health, safety, and welfare of the citizens ofMomoe County; and WHEREAS, this Interim Development Ordinance constitutes a valid exercise of the County's police power and is otherwise consistent with Section 163.3161, et seq., F,S., which, inter alia, encourages the use of innovative land development regulations including provisions like moratoria to implement the adopted comprehensive plan; and WHEREAS, the purpose and intent of this Interim Development Ordinance is necessary to provide the County the opportunity to create design standards and design guidelines for review and approval of developments requiring review under Action Item 3.1.2 of the Master Plan; and WHEREAS, following the direction of the Board of County Commissioners in the adopted Master Plan, the Growth Management Division staff immediately undertook the development of this Interim Development Ordinance and began working with the consultants HDR, lnc on development of design standards and guidelines; and WHEREAS, the Monroe County Development Review Committee, during a regular meeting held on March 24, 2005, conducted a review and consideration of the request filed by the Monroe County Planning Department to recommend approval to the I'vlonroe County Planning Commission of the Interim Development Ordinance. Page 2 of6 4/29/2005 NOW THEREFORE, BE IT RESOL VED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County Planning Commission of the following as requested by the Monroe County Planning Department: Section 1: Pursuant to the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 adopted by the Board of County Commissioners on February 16, 2005, the Interim Development Ordinance shall apply to the U.S. Highway 1 Corridor between Tavernier Creek and Mile Marker 97 including the Comnltmity Center, the bOlmdaries of which are described on the map, attached hereto as Exhibits 1 and 2, and hereby is made pmi of this ordinance. Section 2: Pursuant to its lawful authority and the pending legislation doctrine as set forth in Smith v. City of Clearwater, 383 So.2d 681 (Fla. 2d DCA, 1980) the Board of County Commissioners hereby establishes the interim development regulations set forth in this Ordinance, which shall remain in full force and effect until the expiration of this legislation within six months of the effective date of the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 or whenever the land development regulations and design standards and guidelines become effective, whichever comes first. Section 3: During the period (defined in Section 2, above) that this Interim Development Ordinance is in effect, no application for a building permit or development approval shall be granted for new development or redevelopment, within the U.S. Highway 1 Corridor between Tavernier Creek and Mile Marker 97 including the Community Center, which meet the following criteria: 1. Any new or expanded non-residential structures. 2. Any new or expanded outdoor retail sales. 3. Any new residential structure containing more than two units or redeveloped residential structure containing more than two units that involves a change in floor area, building height, or configuration of building footprint. 4. Any new transient residential structure or redeveloped existing transient residential structure that involves a change in floor area, building height, or configuration of building footprint. Section 4: The following are exempt from this ordinance: 1. Public buildings as defined in Section 9.5 -4 (P-18) of the Code, subj eet to review and approval of building design by the Planning Commission, based on the draft architectural design standards and design guidelines prepared for the county by HDR consultants. 2. Development under an approved conditional use permit, repair and/or approvals required for life safety improvements. Section 5: The Planning Commission is hereby authorized to hear such review created by Section 4 hereof, and approve or disapprove any building design based on the draft architectural Page 3 of 6 4/29/2005 design standards and design guidelines. Notice of the public hearing shall be given in conformance with procedures of Section 9.5-45. The application for design review shall be in a form specified by the director of planning and shall be accompanied by a nonrefundable application fee of $250.00. Section 6: Until expiration of the Interim Development Ordinance created by Sections 1, 2 and 3 hereof, no building permits or development approval shall be granted pursuant to an application or request with a submittal date of April 1 ,2005, or later. Section 7: Any application for a building permit or development approval with a submittal date of March 31, 2005 or earlier shall be exempt iiom this Interim Development Ordinance. Section 8: As of the effective date of this Ordinance no building permit application or planning approval meeting the criteria for review identified in Section 3 hereof, shall be accepted or processed by the Growth Management Division, except applications exempt hereunder and development awarded a vested rights determination pursuant to Section 10 hereof. Section 9: This Ordinance shall not be construed to prohibit the issuance of a building permit or planning approval for any development or redevelopment that does not meet the criteria for review identified in Section 3 hereof that is allowed pursuant to the Monroe County Land Development Regulations and the 2010 Plan. Section 10: Any property owner adversely affected by the provisions of this Interim Development Ordinance may seek a determination that the owner's proposed development or redevelopment is vested against the provisions of this Interim Development Ordinance, by filing with the Director of Growth management, together with an administrative fee in the amount of $400.00, a vested rights application setting forth facts establishing the applicant met, prior to the date that this Ordinance is adopted by the Board of Monroe County Commissioners, the vested rights standards set forth in Section 9.5-181, Monroe County code. Such application must be filed no later than sixty (60) days after the effective date of this ordinance, Section 11: The County Administrator is directed to have the Growth Management Division begin immediately preparing the draft text and other supporting studies in cooperation with the Planning Commission to develop design standards and design guidelines for development and redevelopment along the U.S. Highway 1 Corridor between Tavernier Creek and Mile Marker 97 including the Commtmity Center. Section 12: In preparing these amendments, the County Administrator is directed to focus the Growth Management Division's efforts in the following important areas: 1) preparation of design standards and design guidelines to ensure that future uses and development are compatible with scenic preservation and maintenance of the character of the casual island village atmosphere of the Florida Keys; 2) identification of regulatory Page 401'6 4/29/2005 amendments and strategies to ensure that the goals and objectives of the 2010 Plan and the Master Plan are properly implemented. Section 13: If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 14: All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 15: The ordinance is hereby transmitted to the Florida Department of Community Affairs pursuant to Chapter 380, Florida Statutes. Section 16: This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not become effective until a notice is issued by the Depmtment of Community Affairs or Administration Commission approving pursuant to Chapter 380, Florida Statutes. Section 17: This Ordinance shall stand repealed as of the adoption of design standards and design guidelines for the U.S. Highway I Corridor Between Tavernier Creek and Mile Marker 97 including the Community Center or Six months after the effective date of the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97, whichever comes first, unless repealed sooner or extended pursuant to the terms set fOlth herein. -Remainder of this page left blank Page 5 of6 4/29/2005 PASSED AND ADOPTED By the Development Review committee of Monroe County, Florida at a regular meeting held on the 24th day of March, 2005. Aref Joulani, Sf. Administrator, Development Review and Design YES David A. Dacquisto, Director, Island Planning Team YES Elizabeth LaFleur, Director, Island Planning Team YES Thomas Williams, Planner YES Department of Health (by fax) YES Department of Public Warks (by fax) YES Department of Engineering (by fax) YES DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA BY Aref Joulani, DRC Chair Signed this day of ,2005 ATTACHED - U.S. HIGHWAY 1 CORRIDOR BETWEEN TAVERNIER CREEK AND MM 97 AND COMMUNITY CENTER MAP Page 6 of 6 4/29/2005