Item R2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 15,20005
Division: Planning and Environmental Resources
Bulk Item: Yes
No -1L-
Department: Planning and Environmental Resources
Staff Contact Person: K. Marlene Conaway
AGENDA ITEM \VORDING: A public hearing to adopt an Interim Development Ordinance for the
Tavernier Historic District Overlay; establishing the boundaries thereof; defening the acceptance of
development applications and providing for an expiration date of September 1, 2005 or upon adoption of
design standards and bTUidelines, whichever comes first.
(2nd of 2 public hearings)
ITEM BACKGROUND: TIle Board of County Commissioners (BOCC) at their meeting of February 16,
2005 adopted the Livable Communi Keys Master Plan Tavc111ier Creek to Mile Marker 97 (Master Plan). At
the direction of the BOCC Growth Management staff prepared an Interim Development Ordinance to deter
acceptance of development applications that seek development approval for all new development, exterior
remodeling or redevelopment located within the Tavernier Historic District Overlay that meet the threshold
for design review. On January 16, 2005 the BOCC contracted with HDR consultants to develop design
standards and design guidelines for all new development, exterior remodeling or redevelopment within the
subject area.
PREVIOUS RELEVANT BOCC ACTION: The BOCC adopted the Livable Communi Keys Master
Plan for Tavernier Creek to Mile Market 97 on February 16, 2005.
CONTRACT/AGREEMENT CHANGES: N/A
ST AFF RECOMMENDATIONS: Approval
TOT AL COST: N/ A
COST TO COUNTY: NJA
REVENUE PRODUCING: Yes-1L No
BUDGETED: Yes No
SOURCE OF FUNDS:
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty-1L-
Not Required_
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
DISPOSITION:
AGENDA ITEM
Revised 2/05
INTERIM DEVELOPMENT ORDINANCE
TAVERNIER HISTORIC DISTRICT OVERLAY
BOARD OF COUNTY COl\tl1\IISSIONERS
Marathon
June 15, 2005
INTERIlVI DEVELOPlVIENT ORDINANCE
A REQUEST BY MONROE eOUNTY DEPARTMENT OF
PLANNING AND ENVIRONMENTAL RESOURCES TO ADOPT AN
INTERIM DEVELOPI\1ENT ORDINANeEFOR THE TAVERNIER
HISTORIC DISTRICT OVERLAY; ESTABLISHING THE
BOUNDARIES THEREOF; DE.FERRING THE ACCEPTANCE OF
DEVELOPJVIENT APPLIeATIONS 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 EFFEeTIVE DATE OF THE
LIVABLE COMlVIUNIKEYS l\fASTER PLAN FOR TAVERNIER
CREEK TO MILE lVIARKER 97 OR ADOPTION OF DESIGN
STANDARDS AND GUIDELINES, WHICHEVER COlVIES FIRST
STAFF:
DRC:
PC:
Approval
Approval
Approval
May 23, 2005
March 24, 2005 Resolution # D6-05
April 27, 2004 Resolution # P16-05
DRAFT Boee ORDINANCE
ORDINANCE NO.
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING A INTERIM DEVELOPMENT
ORDINANCE FOR THE T A VERNIER HISTORIC DISTRICT
OVERLAY; ESTABLISHING THE BOUNDARIES THEREOF;
DEFERRING THE ACCEPTANCE OF DEVELOPMENT
APPLICA TIONS 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 LIVABLE COMMUNIKEYS MASTER PLAN FOR TAVERNIER
CREEK TO MILE MARKER 97 OR ADOPTION OF DESIGN
STANDARDS AND GUIDELINES, WHICHEVER COMES ITIRST.
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); und
WHEREAS, the 20 I 0 Comprehensi \ie Plan, Goal 101 requires Monroe County to
manage future growth to enhance the quality of life, ensure the safety of County residents and
visitors, and protect valuable natural resources. [9J-5 .006(3)(b) 1]; 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, The Livable CommuniKeys Master Plan for Tavernier Creek to Mile
Marker 97 (referred to hereafter as the Master Plan) is the produet of the Livable CommuniKeys
program as outlined in the 2010 Plan Objective 101.20; and
WHEREAS, the Tavernier Historic Overlay District is a unique historic resource as
identified in the Master Plan; ffi1d
WHEREAS, GAl consultants completed an architectural survey of all unincorporated
areas of Monroe County and completed an evaluation of sites and structures for designation in
the National Register of Historic Places and or Monroe County Landmarks; and
\VHEREAS, the survey identifled fjfty-three properties within the Tavernier Historic
District as being eligible for national historic designation, eight of the identified properties are
designated as Monroe county landmarks and seventeen arc listed as Monroe County Historic
Landmarks; and
WHEREAS, OAI consultants recommended that Tavernier be nominated as a district on
the National Register of Historic Places; and
Page 1 of 6
WHEREAS, each individual historic site and or structure is important and together they
contribute to making the Tavernier Historic District Overlay a significant county resource; and
WHEREAS, Action Item 4.3.5 in the adopted jv1aster Plan requires that design standards
be prepared and that any new development or redevelopment within the designated Tavernier
Historic District Overlay be consistent with design standards and in compliance with regulatory
controls; and
'WHEREAS, historic architecture design standards ,mcl design guidelines for historic
structures, contributing structures and non-contributing structures all together can support,
enhance and preserve the character of the historic district; and
\VHEREAS, Action Item 4.3.6 in the adopted Master Plan directs the County to enact a
temporary moratorium on development within the Tavernier Historic District Overlay until the
design standards are adopted or six months after the effective date of the Master Plan, whichever
comes first; and
\VHEREAS, the County has committed necessary staff and resources to the development
of the historic district design standards in order to facilitate diligent and good faith efforts to
establish policies and regulations within a reasonable period of time; 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 historic district design
standards and implementation measures including Land Development Regulations at their
meeting of January 19,2005; and
WHEREAS, the utilization of the moratorium device as a temporary measure to
facilitate government decision making, study and adoption of land development regulations is a
legitimate governmental too] to facilitate logical and considered growth and as a means of
avoiding inefficient and ill-conceived development and,
WHEREAS, the County finds that it is necessary to enact an Interim Development
Ordinance deferring the approval of development applications within the designated Tavernier
Historic District Overlay so the County can prepare design guidelines; and,
\VHEREAS, the purpose this Interim Development Ordinance provides mechanisms to
assure democratic discussions and participation by citizens, developers, and property o\vners
who may be affected by eventual amendments to the Land Development Regulations; and
\VHEREAS, Chapter] 25 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
\VHEREAS, this Interim Ordinance constitutes a valid exercise of the County's police
power and is otherwise consistent with Section 163.3]61, 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
Page 20f6
\VHEREAS, following the direction of the Board of County Commissioners in the
adopted Tavernier Creek to MM 97 Master Plan, the Growth Management Division staff
immediately undertook the development of this Interim Development Ordinance and began
working with the consultants HDR, Tnc on development of historic design standards for the
Tavernier Historic Overlay District; 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;
and.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COlJNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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 Tavernier Historic Overlay DistriCT, the boundaries of
which are described on the map, attached hereto as Exhibit 1, 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. Citv 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,
September 1, 2005 or whenever the land development regulations and design standards and
guidelines become effective, whichever comes first.
Section 3: During the period that this interim ordinance is in effect, 110 application for a
building permit or development approval shall be granted for any new development, remodeling
or redevelopment within the designated Tavernier Historic Overlay District (Exhibit I).
Section 4:
The following are exempt from this ordinance:
1. Interior remodeling.
2. The Director of Planning may authorize the relocation of historic structures identified as
a candidate for local historic designation by the Historic Preservation Commission.
3. Development under an approved conditional use permit, repair and/or approvals required
for life/safety improvements.
4. Public buildings as defined in Section 9.5-4 (P-18) of the Code and new or eXlstmg
structures that are not historically designated, 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 ]-IDR consultants.
Page 3 of6
Section 5: Until expiration of the Interim Development Ordinance created by
Sections ], 2 and 3 hereof, no application for a huilding permit or development approval
shall be granted pursuant to an application or request with a submittal dare of April I.
2005, or later.
Section 6: 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 7: As of the effective date of the this ordinance, no application f()l' a building
permit or development approval meeting the criteria in Section 3 hereof: shall be
accepted or processed by the Gro\vthManagement Division, except applications exempt
hereunder and development awarded a vested rights determination pursuant to Section 9
hereo f.
Section 8: 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 is not identified in Section 3 hereof and that is allowed pursuant to
the Monroe County Land Development Regulations and the 20 I 0 Plan.
Section 9: 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 lnterim
Development Ordinance, by filing with the Director of Growth Management, together
with an administrative fee in the amount of $400, a vested rights application setting forth
facts establishing the applicant met, prior to April ], 2005, the vested rights stmdards 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 10: The County Administrator is directed to have the Growth Management
Division begin immediately preparing the draft text amendments and other supporting
studies in cooperation with the Planning Commission to develop design standards and
regulatory controls for developnlem, remodeling or redevelopment within the designated
Tavernier lIistoric District.
Section 11: In prepari ng these amendments, the County Administrator is directed to
focus the Gro\vthManagement Division's efforts in the following important areas: 1)
preparation of design standards and regulatory controls 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 that address local
community needs while balancing the needs of aU Monroe County Communities; 2)
identification of regulatory amendments and strategies to ensure that the goals and
objectives of the 2010 Plan and the Livable Communi Keys Master Plan Tavernier Creek
to Mile Marker 97 are properly implemented.
Page 4 of6
Section 12: 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 13: All ordinances or parts of ordinances in con11ict with this ordinance are
hereby repealed to the extent of said conflict.
Section 14: The ordinance is hereby transmitted to the Florida Department of
Community Affairs pursuant to Chapter 380, Florida Statutes and the DCA is requested
to review and approve it by immediate Final Order. S.120.569(2)(n), F.S.
Section 15: 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 ordinance pursuant to
Chapter 380, Florida Statutes.
Section 16: This Ordinance shall stand repealed as of the adoption of design standards
and design guidelines for the Tavernier Creek Historic district, or September I, 2005,
whichever comes first, unless repealed sooner or extended pursuant to the terms set forth
herein.
-Remainder of the page left blank -
Page 5 of6
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
BO/\1ZD OF COUNTY COrvfMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Dixie Spehar
(SEAL)
A'fTEST: DANNY L. KOHAGE, CLERK
011.:
Deputy Clerk
ATTACHED - TAVERNIER HISTORIC DISTRI CT MAP
Page 6 of6
Livable Comm uniKeys Master Plan for Tavernier Creek Bridge to Mile Marker 97
TuverTiI Creek to Mde fJtorke;(' 97
Tavernier Historic District
Exhibit 1
!If
Historic District
Historie Oisttlct
>:
A
Figure 3 .1 Historic overlay district.
Community Character Element
47
t
Boee STAFF REPORT
GROWTH MANAGEMENT DIVISION
2798 Overseas lIiZhway
Suite 400
Marathon, Florida 3:"050
Voice: (305) 289-2500
FAX: (305} 289-253G
BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Spehar, District 1
Mayor Pro Tem Charles "Sonny" McCoy, District 3
George Neugent, District 2
David P. Rice, District 4
Murray E. Nelson, District 5
l\tIEMORAND UM
From:
The Board of County Commissioners
K. Marlene Conaway, Director, Planning and Environmental Resources 1< ~
To:
Date:
May 23, 2005
Subject:
BOCC Adopted Changes and Staff Amendment: Interim Development
Ordinances, Tavernier Historic District Overlay
Summary
Following from a public presentation and a suggestion from a member of the public, the Monroe
County Board of County Commissioners (BOCC) agreed to an amendment to the proposed
language of the Historic District IDO to exempt "new and existing structures that are not
historically designated" from the IDO subject to approval of their construction plans by the
Planning Commission.
The BOCC also amended Section 2 and Section 16 of the IDO to create a specific end date for
the 100 of September 1, 2005, or whenever the land development regulations and design
standards and guidelines become effective, whichever comes first.
As Amended by BOCC
Section 2. Pursuant to its lawful authority and the pending legislation doctrine as set forth in
Smith v. Citv 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
\vithin six months of the effective date of the Livable CommuniKeys Master Plan Tavemier
Creek to Mile Marker 97, September 1,2005 or whenever the land development regulations and
design standards and guidelines become effective, whichever comes first.
Section 4:
The following are exempt from this ordinance:
Page10f3
4. Public buildings as defined in Section 9.5-4 (P-18) of the Code and new or existing
structures that are not historically designated, 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.
Section 16: This Ordinance shall stand repealed as of September L 2005 or upon the adoption
of design standards and design guidelines for the Tavernier Greek: Historic District, or six months
after the effcctiY6 date of the Liyuble CommuniKeys Master Plan Tavemier Creek to Mile
Marker 97, whichever comes first, unless repealed sooner or extended pursuant to the terms set
forth herein.
Proposed Staff Modification
Staff recommends a further amendment to change "historically designated" to "historically
designated or historically significant as identified in the report by GAl Consultants, "The Historic
Architectural Survey of Unincorporated Areas of Monroe County, Florida (2003)", so that the
exemption does not apply to structures historically designated at the federal, state or county level
or structures that are identified as historically significant by the GAl Consultants report.
There are seventeen (17) locally designated historic sites in the Tavernier Historic District.
There are fifty-three (53) historic structures identified in "The Historic Architectural Survey of
Unincorporated Areas of Monroe County, Florida (2003)".
Section 4:
The following are exempt from this ordinance:
4. Public buildings as defined in Section 9.5-4 (P-18) of the Code and new or existing
structures that are not historically designated or historically significant as identified in the
report by GAl Consultants, "The Historic Architectural Survey of Unincorporated Areas
of Monroe County, Florida (2003)", subject to review and approval ofbui1ding design by
the Planning Commission, based on the draft architectural design standards and design
guidelines prepared for the county by HDR consultants.
Staff Recommendation
In addition to the amendments previously adopted by the BOCC, Staff recommends adoption of
the following amendment to exclude historically significant structures as identified in "The
Historic Architectural Survey of Unincorporated Areas of Monroe County, Florida (2003)" from
exemption from the IDO:
Section 2. Pursuant to its lawful authority and the pending legislation doctrine as set forth in
Smith v. Citv 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 Tavemier
Page 2 of3
Greok to Mile Marker 97, September 1, 2005 or whenever the land development regulations and
design standards and guidelines become effective, whichever comes first.
Section 4:
The following are exempt from this ordinance:
4. Public buildings as defined in Section 9.5-4 (P-18) of the Code and new or existing
structures that are not historically designated or historically significant as identified in the
report by GAl Consultants, "The Historic Architectural Survey of Unincorporated Arcas
of Monroe County, Florida (2003)", 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.
Section 16: This Ordinance shall stand repealed as of September L 2005 or upon the adoption
of design standards and design guidelines for the Tavernier Greek Historic District, 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 tenns set
forth herein.
Page 3 01'3
PLANNING COl\1lVlISSION RESOLUTION # Il16-0S
RESOLUTION NO. P~016-05
AN RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING ADOI)TION OF AN INTERIM
DEVELOPMENT ORDINANCE FOR THE TAVERNIER HISTORIC
DISTRICT OVERLAY; ESTABLISHING THE BOUNDARIES THEREOF;
DEFERRING THE ACCEPTANCE OF DEVELOPMENT
APPLICATIONS UNTIL DESIGN STANDARDS AND GUIDELINES ARE
ADOPTED; PROVIDING FOR EXElVIPTIONSj PROVIDING FOR AN
EFFICTIVE DATE; PROVIDING FOR TRANSMITTAL TO THE
HEP ARTMENT OF COMMUNITY AFFAIRS (DCA); PROVIDING FOR
EXPIRATION WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE
OF THE LIVABLE COMMUNIKEYS MASTER PLAN FOR TAVERNIER
CREEK TO MILE MARKER 97 OR ADOPTION OF DESIGN
STANDARDS AND 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 February 16,2005,
adopted the Livable Communi Keys 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 2010 Comprehensive Plan, Goal 101 requires Monroe County to
manage future growth to enhance the quality of life, ensure the safety of County residents and
visitors, and protect valuable natural resources. [9J-5.006(3)(b)1]; and
WHEREAS, the 20 I 0 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, The Livable CommuniKeysMaster 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, the Tavernier Historic Overlay District is a unique historic resource as
identified in the Master Plan; and
WHIU{EAS, GAl consultants completed an architectural survey of all unincorporated
areas of Monroe County and completed an evaluation of sites and structures for designation in
the National Register of Historic Places and or Monroe County Landmarks; and
WHEREAS, the survey identified fifty-three properties within the Tavernier Flistoric
District as being eligible for national historic designation, eight of the identified properties are
designated as Monroe county landmarks and seventeen are listed as Monroe County Historic
Landmarks; and
Draft
Page 1 of 6
3/7 /05
WHEREAS, GAl consultants recommended that Tavernier be nominated as a district on
the National Register of Historic Places; and
WHEREAS, each individual historic site and or structure is important and together they
contribute to making the Tavernier Historic District Overlay a significant county resource; and
WHEREAS, Action Item 4.3.5 in the adopted Master Plan requires that design standards
be prepared and that any new development or redevelopment within the designated Tavernier
Historic District Overlay be consistent with design standards and in compliance \-vith regulatory
controls; and
\VHEREAS, historic architecture design standards and design guidelines for historic
structures, contributing structures and non-contributing structures aU together can support,
enhance and preserve the character of the historic district; and
WHEREAS, Action Item 4.3.6 in the adopted Master Plan directs the County to enact a
temporary moratorium on development within the Tavernier Historic District Overlay until the
design standards are adopted or six months atter the effective date of the Master Plan, \vhichever
comes first; and
WHEREAS, the County has committed necessary staff and resources to the development
of the historic district design standards in order to facilitate diligent and good faith efforts to
establish policies and regulations within a reasonable period offime; 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 historic district design
standards and implementation measures including Land Development Regulations at their
meeting ofJal1uary 19,2005; and
WHEREAS, the utilization of the moratorium device as a temporary measure to
facilitate government decision making, study and adoption of 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 County finds that it is necessary to enact an Interim
Development Ordinance deferring the approval of development applications within the
designated Tavernier Historic District Overlay so the County can prepare design guidelines; and,
WHEREAS, the purpose 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
Draft
Page 20f6
317/05
WHEREAS, this lnterim Ordinance constitutes a valid exercise of the County's police
power and is otherwise consistent with Section 163.3161, er seq., 17.8., which, inter alia,
encourages the use of innovative land development regulations including provisions like
moratoria to implement the adopted comprehensive plan; and
WHEREAS, following the direction of the Board of County Commissioners in the
adopted Tavernier Creek to MM 97 Master Plan, the Grmvth Management Division staff
immediately undertook the development of this Interim Development Ordinance and began
working with the consultants IIDR, Ine on developmem of historic design standards for the
Tavernier Historic Overlay District; and
\VHEREAS, the Planning Commission after hearing public comments and stafT input,
finds that the proposed Interim Development Ordinance is consistent \vith and furthers the goals
and objectives of the Livable CommuniKeys Master Plan Tavernier Creek to Mile tvlarker 97
and the Monroe County Year 2010 Comprehensive Plan; and
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 Tavernier Historic Overlay District, the boundaries of
which are described on the map, attached hereto as Exhibit I, and hereby is made pan of this
ordinance.
Section 2. Pursuant to its lawful authority and the pending legislation doctrine as set forth in
Smith v. Citv of' Clearwater, 383 So.2d 681 (Fla. 2d DCI\, 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 dIective 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 that this interim ordinance is in en'ect, no application for a
building permit or development approval shall be granted for any new development, remodeling
or redevelopment within the designated Tavernier Historic Overlay District (Exhibit 1).
Section 4:
The following are exempt from this ordinance:
1. Interior remodeling.
2. The Director of Planning may authorize the relocation of historic structures identified as
a candidate for local historic designation by the Historic Preservation Commission.
3. Development under an approved conditional use permit, repair and/or approvals required
for life/safety improvements.
Draft
Page 3 of 6
3/7/05
4. 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, bilsed on the draft
architectural design standards and design guidelines prepared for the county by
HDR consultants.
Section 5: Until expiration of the lnterim 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 /\pril 1,
2005, or later.
Section 6: Any application for a building permit or development approval with a
submittal date of March 3 L 2005 or earlier shall be exempt from this Interim
Development Ordinance.
Section 7: As of the effective date of the this ordinance, no application for a building
permit or development approval meeting the criteria 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 9
hereof.
Section 8: This Ordinance shall not be construed to prohibit application for, or the
issuance of a building permit or development approval f(w any development or
redevelopment that is not identified in Section 3 hereof and that is allowed pursuant to
the Monroe County Land Development Regulations and the 2010 Plan.
Section 9: Any property owner adversely affected by the provisions of this [ntcrim
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, 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 et1ective date of this ordinance.
Section 10: The County Administrator is directed to have the Growth Management
Division begin immediately preparing the draft text amendmems and other supporting
studies in cooperation with the Planning Commission to develop design standards and
regulatory controls for development, remodeling or redevelopmem within the designated
Tavernier Historic District.
Section 11: In preparing these amendments, the County Administrator is directed to
focus the Growth Management Division's efforts in the following imp011ant areas: 1)
preparation of design standards and regulatory controls 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 that address local
Draft
Page 4 01'6
5/24/2005
community needs \vhile balancing the needs of all Monroe County Communities; 2)
identification of regulatory amendments and strategies to ensure that the goals and
objectives of the 2010 Plan and the Livable Communi Keys Master Plan Tavernier Creek
to Mile Marker 97 are properly implemented.
Section 12: If any section, subsection, sentence, clause, item, change or provision of
this ordinance is held invalid, the remainder shall not be affected such invalidity.
Section 13: All ordinances or parts of ordinances in contlict with this ordinance are
hereby repealed to the extent of said connict.
Section 14: The ordinance is hereby transmitted to the Florida Department of
Community Affairs pursuant to Chapter 380, Florida Statutes and the DCA is requested
to review and approve it by immediate Final Order. S.120.569(2)(n), F.S.
Section 15: This ordinance shall be tiled in the Office of the Secretary of State of the
State of Florida, but shall not become effective until a nalice is issued by the Department
of Community Affairs or Administration Commission approving ordinance pursuant to
Chapter 380, Florida Statutes.
Section 16: This Ordinance shall stand repealed as of the adoption of design standards
and design guidelines for the Tavernier Creek I:-listoric district or six rJ10nths after the
eftective date of the Livable CommuniKeys Master Pl an Tavernier Creek to Mile Marker
97, whichever comes tirst, unless repealed sooner or extended pursuant to the terms set
forth herein.
-Remainder of the page left blank -
Draft
Page 5 of 6
5/24/2005
PASSED AND ADOPTED bv the Plannil1fI Commission of Monroe Countv. Florida at a
regular me~ting held on the 27th day of April 2005. . .
Chair Lynn C. Mapes
Vice Chair Denise Werling
Commissioner Jiulio Margalli
Commissioner James C. Cameron
Commissioner Randy Wall
.._ Yes ..~~
_.. Yes~
_...Yes_
No
Absent
PLANNING COMI'vlISSION OF MONROE COUNrry FLORIDA
BY
Lynn Mapes, Chair
Signed this
day of
,2005.
ATTACHED - I\lIAP, EXHIBIT 1 1'/\ VERNIER HISTORIC DISTRICT MAP
Draft
Page 60f6
5/24/2005
DEVELOPMENT REVIEW eOl\tIlVIlTTEE
RESOLUTION #D6-05
DRC RESOLUTION NO. D6-05
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIE\V
COMMITTEE RECOMMENDING APPROVAL TO THE MONROE COUNTY
PLANNING COMMISSION OF THE ADOPTION OF AN INTERIM
DEVELOPMENT ORDINANCE FOR THE TAVERNIER HISTORIC DISTRICT
OVERLAY; ESTABLISHING THE BOUNDAIUES THEREOF; DEFERRING
THE ACCEPTANCE OF DEVELOPMENT APPLICATIONS UNTIL DESIGN
STANDARDS AND GUIDELINES ARE ADOPTED; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
TRANSMITT AL TO THE DEPARTMENT OF COMMUNITY AFFAIRS (DCA);
PROVIDING FOR EXPIRATION WITHIN SIX MONTHS AFTER THE
EFFECTIVE DATE OF THE LIVABLE COMMUNI KEYS MASTER PLAN FOR
TAVERNIER CREEK TO MILE MARKER 97 OR ADOPTION OF DESIGN
STANDARDS AND GUIDELINES, WrIICHEVER COMES FIRST.
WHEREAS, the Board of County Commissioners at their meeting of February
16, 2005, adopted the Livable CommuniKeys l'vlaster 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, GAl consultants completed an architectural survey of all
unincorporated areas of Monroe County and completed an evaluation of sites and
structures for designation in the National Register of Historic Places and or Monroe
County Landmarks; and
WHEREAS, the survey identified fifty-three properties within the Tavernier
Historic District as being eligible for national historic designation, eight of the identified
properties are designated as Monroe county landmarks and seventeen are listed as
Monroe County Historic Landmarks; and
WHEREAS, Action Item 4.3.5 in the adopted Master Plan requires that design
standards be prepared and that any new development or redevelopment within the
designated Tavernier Historic District Overlay be consistent with design standards and in
compliance with regulatory controls; and
\VHEREAS, historic architecture design standards and design guidelines tor
historic structures, contributing structures and non-contributing structures all together can
support, enhance and preserve the character of the historic district; and
Page 1 ofS
Draft: 5/24/2005
WHEREAS, Action Item 4.3.6 in the adopted Master Plan directs the County to
enact a temporary moratorium on development within the Tavernier Historic District
Overlay until the design standards are adopted or six months after the effective date of
the Master Plan, whichever comes first; and
WHEREAS, the County finds that it is necessary to enact an Interim
Development Ordinance deferring the approval of development applications within the
designated Tavernier Historic District Overlay so the County can prepare design
guidelines; and
WHEREAS, the purpose 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 ofrhe citizens of Monroe County; and
WHEREAS, this Interim Ordinance constitutes a valid exercise of the County's
police power and is otherwise consistent with Section 163.3161, ef seq., F.S., which, inter
alia, encourages the use of innovative land development regulations including provisions
like moratoria to implement the adopted comprehensive plan;
\VHEREAS, the p,flonroc County Development Review Committee, during a
regular meeting held on March 24, 2005, conducted a review ~U1d consideration of the
request filed by the Monroe County Planning Department to recommend approval to the
Monroe County Planning Commission of the Interim Development Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIE\V
COMMITTEE OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to
the Monroe COUflty Planning Commission of the following as requested by the Monroe
County Planning Department:
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 Tavernier Historic Overlay
District, the boundaries of which are described on the map, attached hereto as Exhibit 1.
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. Citv 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 CommuniKeysMaster
Plan Tavernier Creek to Mile Marker 97 or whenever the land development regulations
Page 2 of 5
Draft 5/24/2005
and design standards and guidelines become effective, whichever comes first.
Section 3: During the period tbat this interim ordinance is in effect, no building
permit or development approval shall be granted for any new development, remodeling
or redevelopment within the designated Tavernier Historic Overlay District (Exhibit I).
Section 4: The following are exempt from this ordinance:
1. Interior remodeling.
2. The relocation of historic structures designated by Monroe County or identified
by "The Final RepOli Historic Architectural Survey of unincorporated Areas of
Monroe County Florida (2003)" prepared by GAl Consultants Inc.
3. The relocation of historic structures identified as a candidate for local historic
designation by the Historic Preservation Commission.
4. Development under an approved conditional use permit repair and/or approvals
required for life/satety improvements.
5. Public buildings as defined in Section 9.5-4 (1)-18) of the Code, subject to revievv
and approval of building design by the Planning Commission, based on the draft
architectural design standards and design guidelines prepared for the cOllnty by
HDR consultants.
Section 5: 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 6: 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 7: As of the effective date of the this ordinance, no application for a building
permit or development approval meeting the criteria 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 9
hereof.
Section 8: This Ordinance shall not be construed to prohibit tbe issuance of a
building permit or planning approval for any development or redevelopment that is not
identified in Section 3 hereof and that is aIlowed pursuant to the Monroe County Land
Development Regulations and the 2010 Plan.
Section 9:
Development
development
Any property ovvner adversely affected by the provisions of this l111erim
Ordinance may seek a determination that the owner's proposed
or redevelopment is vested against the provisions of this Interim
Page 3 ofS
Draft: 5/24/2005
Development Ordinance, by filing with the Director of Growth Management, together
with an administrative fee in the amount of $400, 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 10: The County Administrator is directed to have the Growth Management
Division begin immediately preparing tbe draft text amendments and other supporting
studies in cooperation with the Planning Commission to develop design standards and
regulatory controls for development, remodeling or redevelopment within the designated
Tavernier Historic District
Section II: In preparing these amendrnents, the County Administrator is directed to
focus the Growth Management Division's eHurts in the following important areas: 1)
preparation of design standards and regulatory controls 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 that address local
community needs while balancing the needs of all Mom-oe County Communities; 2)
identification of regulatory amendments and strategies to ensure that the goals and
objectives of the 2010 Plan and the Livable CommuniKeysMaster Plan Tavernier Creek
to Mile Marker 97 are properly implemented.
Section 12: 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 13: All ordinances or parts of ordinances in connict with this ordinance are
hereby repealed to the extent of said confEct.
Section 14: The ordinance is hereby transmitted to the Florida Department of
Community Affairs pursuant to Chapter 380, Florida Statutes.
Section 15: This ordinance shall be filed in the Oftice 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 ordinance pursuant to
Chapter 380, Florida Statutes.
Section 16: This Ordinance shall stand repealed as of the adoption of design standards
and design guidelines fur the Tavernier Creek Historic district, or six months after the
effective date of the Livable CommuniKeysMaster PI an Tavernier Creek to Mile Marker
97, whichever comes first, unless repealed sooner or extended pursuant to the terms set
forth herein.
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Page 4 of 5
Dralt 5!24/2005
PASSED AND ADOPTED By the Development Review committee of Monroe County,
Florida at a regular meeting held on the 24til day of March, 2005.
Aref ]oulani, 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 '{ES
Heather Beckmann YE~
Department of Health (by f~lX) YES
Department of Public Works (by fax) YES
Department of Engineering (by fax) YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA
BY
Aref JouJani, DRC Chair
Signed this
day of
,2005
ATTACHED - TAVERNIER HISTORIC OVERLAY DISTRACT MAP
Page 5 of 5
Draft: 5/24/2005