Item R1
INTERI~l DEVELOPMENT ORDINANCE
US 1 HIGH\V A Y CORRIDOR BET\VEEN TAVERNIER
CREEK AND MILE MARKER 97
BOARD OF COUNTY COl\lMlSSIONERS
Marathon
June 15, 2005
INTERIM DEVELOPlVIENT ORDINANCE
A REQUEST BY MONROE COUNTY DEPARTI\lENT OF
PLANNING AND ENVIRONMENTAL RESOURCES TO ADOPT AN
INTERIM DEVELOPl\IENT ORDINANCE FOR THE U.S.
HIGU\VAY 1 CORRIDOR BETWEEN TAVERNIER CREEK AND
MILE lVIARKER 97; ESTABLISHING THE BOUNDARIES
THEREOF; DEFERRING THE ACCEPTANCE OF DEVELOPMENT
APPLICATIONS UNTIL DESIGN STANDARDS AND GUIDELINES
ARE ADOPTED; PROVIDING FOR EXElVIPTIONS; PROVIDING
FOR TRANSMITTAL TO THE DEPARTMENT O.F COMJ\1UNITY
AFFAIRS (DCA); PROVIDING FOR EXPIRATION \VITHIN SIX
MONTHS AFTER THE EFFECTIVE DATE OF THE LIVABLE
COMlVIUNIKEYS MASTER PLAN TAVERNIER CREEK TO lVULE
l\IARKER 97 OR UPON ADOPTION OF DESIGN STANDARDS AND
DESIGN GUIDELINES, WHICHEVER COMES FIRST.
STAFF:
ORe:
pc:
Approval
Appl'oval
Approval
May 23,2005
March 24, 2005 Resolution # D7 -05
April 27, 2004 Resolution #P17-05
DRAFT BOCC 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 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 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
\VHEREAS, 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
\VHEREAS, 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
\VHEREAS, Action Item 3.1.5 in the adopted Master Plan directs the COUllty 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
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, thc 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 Rcgulations 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 propelty owners
who may be affected by eventual amendments to the Land Development Regulations; and
WHEREAS, Chapter 125 FB., 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 implcment 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
\VHEREAS, 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 Planning Commission has reviewed the draft lnterim Development
Ordinance and recommended approval to the Board of County Commissioners; and
WHEREAS, the Board of County Commissioners has reviewed and considered the draft
lnterim Development Ordinance recommended by the Planning Commission and Planning staff.
Page 2 of6
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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 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. 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 (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 ofbuilding 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:
1. Public buildings as defined in Section 9.5-4 (P-18) of the Code and redevelopment of
existing structures 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
Page 3 of6
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 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 crite11a for review identified in Section 3 hereof
that is allowed pursuant to the Monroe County Land Development Regulations and the
20 I 0 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 April 1, 2005, 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
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 20 10 Plan and
the Master Plan are properly implemented.
Page 4 of6
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 September I, 2005 or upon 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 ~
months after the effective date of the Livable CommuniKeys Master Plan Ta'/crnier
Creek to Mile Marker 97, whichever comes first, unless repealed sooner or extended
pursuant to the terms set forth herein.
-Remainder o[this 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 Tem 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)
ATTEST: DANNY L. KOHAGE, CLERK
Deputy Clerk
ATTACHED - U.S. HIGHWAY 1 CORRIDOR BETWEEN TAVERNIER CREEK
AND MM 97 AND COMMUNITY CENTER MAP
Page 6 of6
LblQble CommuniKevs il,/aster Plan for Tavernier Creek Brid!!e to il.file Marker 97
Tnverfj;e,' CI'eek to Mde AAuker 97
U..s. Corridor Area lktwecn MM 91 and MAl 'n
Exhibit 1
'\0.
A
Figue 2,4 Map of the US. Corridor ArGl lktweul
Mile Marker 91 and \HIe Marker 97
Community Character Element
42])
:Ur;/ifMe C~mWfiK4:\'iVg ,tfili!ttlJ'Pfan ft#' rft'h"f'nit~r Cre4'k B7idfA~ /41 }~fi!i' JifMhT <)7
liS IhgJ1wlly C{mmnnuty
Exhibit 2
A
::2 Map
I is t CmTI"i"w Arfft (t~l~lin'iXl fl11
t :7P0~~1
~z fl
Boce STAFF REPORT
GROWTH MANAGEMENT DIVISION
2798 Overseas Highway
Suite 400
Marathon, rlorida 33050
Voice: (305) 2S~)~Z500
FA,'\.: (305) 289-2536
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
MEMORANDUM
:From:
The Board of County Commissioners
K. Marlene Conaway, Director, Planning and Environmental Resource;11/~
To:
Date:
May 23, 2005
Subject:
BOCC Adopted Changes and Staff Amendment: U.S. Highway 1 Corridor
Tavernier Creek to MM 97 including the Community Center
Summary
At a regular meeting on May] 8,2005, the BOCC amended Section 2 and Section 17 of the 100
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
firs 1.
As Amended by BaCC
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
v,'ithin six months of the effective date of the Livable CommuniKeysMaster Plan Tavernier
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 17: This Ordinance shall stand repealed as of September 1, 2005 or upon 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
dute of the Livable CommuniKeys l\'laster Plan Tavernier Creek to r.tile Marker 97, whichever
comes first, unless repealed sooner or extended pursuant to the terms set forth herein.
Page 1 of 2
Staff Recommendation
The following amendments have been approved by the BOCC and arc reflected in the IDO as
amended:
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 Tu\'ernier
Creek to 1\'lileMarker 97, September l, 2005 or whenever the land development regulations and
design standards and guidelines become effective, whichever comes first.
Section 17: This Ordinance shall stand repealed as of September L 2005 or upon 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 effecti'/6
date of the Livable CommuniKeys Master Plan Tayernier Creek to Mile Marker 97, whichever
comes first, unless repealed sooner or extended pursuant to the terms set forth herein.
Page 2 of2
RESOLUTION NO. P~17~05
AN RESOLUTION BY THE lVIONROE COUNTY PLANNING
COMMISSION RECOMMENDING ADOPTION OF AN INTERIM
DEVELOPMENT ORDINANCE FOR THE U.S. HIGHWAY I
CORRIDOR BETWEEN T A VERNIER CREEK AND MILE
MARKER 97; ESTABLISHING THE BOUNDARIF~S THEREOF;
DEFERRING TI-lE ACCEPTANCE OF DEVELOPMENT
APPLICATIONS UNTIL DESIGN STANDARDS AND
GUIDELINES ARE ADOI>TED; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR TRANSMITTAL TO THE IJEPARTMENT OF
COMMUNITY AFFAIRS (DCA); PROVIDING FOR EXPIRATION
WITHIN SIX MONTHS AFTER TIlE 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 lnterim Development Ordinance; and
WHEREAS, the Board of County Commissioners at their meeting of February 16, 2005,
adopted the Livable CommuniKeys Master Plan Tavernier Creek wMile 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 Pian 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
\VHEREAS, the 2010 Plan Objective 101.20 identifies the Livable CommuniKeys
Planning Program as a planning program designed to address community needs \vhile balancing
the needs of all of Monroe County; and
WHEREAS, Action Item 3.1.2 in the adopted IY'faster 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 arc adopted or six
months after the e1Iective date of the rvfaster Plan, whichever comes 11r8t; and
Draft
Page 1 of6
5/24/2005
\VHERK,,-S, the County has committed necessary smff and resources to the development
of the design standards and design guidelines in order to facilitate diligent and good faith eHcwts
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 ttlcilitate logical and considered
gro\\rth and as a means of avoiding inefficient and ill-conceived development; and,
vVHEH.EAS, the Board of County Commissioners, in anticipation of the adoption the
Master Plan, voted to contract \vith IIDR 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] corridor until such time that the
County can prepare design guidelines; and,
WHEREAS, the purpose of this Interim Development Ordinance provides mechanisms
to assure democratie 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., FS, 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 statI immediately undertook the
development of this Interim Development Ordinance and began 'Vvorking with the consultants
HDR, Inc on development of design standards and guidelines; and
vVHEREAS, the Planning Commission after hearing public comments and staff 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
Draft
Page20f6
5/24/2005
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMlVllSSION
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 COl11muniKeys 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 I 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. Citv or 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 eHeet until the expiration of this legislation
within six months of the effective date of the Livable ComrnuniKeys 0'laster 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 above) that this Interim Developmem
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. IIighway 1 Corridor between
Tavemier 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 nom 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:
1. Public buildings as defined in Section 9.5-4 (P-18) of the Code. subject to review and
approval of building design the Planning Comlnission, based on the architectural
design standards and design guidelines prepared county IIDR
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 revievI created by
Section 4 hereof: and approve or disapprove any building design based on the draft architectural
Draft Page 3 of 6 5/24/2005
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 application tor a building permit or development approval
shall be granted pursuant to an application or request with a submittal date of April I,
2005, or later.
Section 7: Any application for a building permit or development approval vvith 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 hereoC shaH 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: I'his 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 GrO\\'th management, together
with an administrative fee in the amoum 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 GrO\vth Management
Division begin immediately preparing the draa text and other supporting studies in
cooperation with the Planning Commission to develop design standards and design
guidelines for development and redevelopment along the .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
Draft
Page 4 of 6
5/24/2005
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 20 I 0 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 conf1ict.
Section IS: 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 Secremry of State of the
State of Florida, but shall not become effective until a notice is issued by the Department
of Community Affilirs 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 JvJarker 97, whichever
comes first, unless repealed sooner or extended pursuant to the terms set forth herein.
-Remainder of this page left blank -
Draft
Page 5 of 6
5/24/2005
PASSED AND ADOPTED bv the Planning Commission of Monroe County, Florida at a
regular meeting held on the 27tb day of April, 2005,
Chair Lynn C Mapes
Vice Chair Denise Werling
Commissioner Jiulio Margalli
Commissioner James C. Cameron
Commissioner Randy Wall
_~ Y es ~~,~
Yes
_ Y es~~
~~"-
_Absent_,
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
BY
Lynn Mapes, Chair
Signed this
day of
,2005.
ATTACHED - MAPS EXHIBIT 1 and EXHIBIT' 2, U.S, HIGHWAY 1 CORRIDOR
BETWEEN TAVERNIER CREEK ANDMM 97 AND COMMUNITY CE~NTERMAPS
Draft
Page6of6
5/24/2005
DEVELOPMENT REVIE\V eOMlVlITTEE
RESOLUTION #1)7-05
DRC RESOLUTION NO. D7-05
AN RESOLUTION BY THE MONROE COUNTY DEVELOPMENT
REVIEW COMMITTEE RECOMMENDING APPROVAL TO TIlE
MONROE COUNTY PLANNING COMMISSION OF THE
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 ST ANDARDS AND GUIDELINES ARE ADOPTED;
PROVIDING FOR EXEMPTIONS; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR TRANSMITTAL TO THE
DEP ARTlVIENT OF COMMUNITY AFFAIRS (DCA); PROVIDING
FOR EXPIRATION \VITHIN SIX MONTHS AFTER THE
EFFECTIVE DATE OF THE LIV ABLE COMlVIUNIKEYS
MASTER PLAN TAVERNIER CREEK TO MILE IVIARKER 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 Communi Keys 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 20 10 Plan Objective 1 01.20 identifies the Livable CommuniKeys
Planning Program as a planning program designed to address community needs \vhile 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 I H.ighway 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
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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 developrrrent; and,
WHEREAS, the Board of County Commissioners, in anticipation of the adoption of the
Master Plan, voted to contract with I-lDR 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 I corridor until such time that the
County can prepare design guidelines; and,
WHEREAS, the purpose of this Interim Development Ordinance provides mechanisms
to assure demoeratic discussions and participation by citizens, developers, and property owners
who may be affected by eventual amendments to the Land Development Regulations; and
WHEREAS, Chapter l25F.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 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 Ordimmce is necessary
to provide the County the oPPOliunity 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 Monroe County Development Revievv Committee, during a regular
meeting held on March 24, 2005, conducted a review and consideratIOn of the request flied by
the Monroe County Planning Department to recommend approval to the Monroe County
Planning Commission of the Interim Development Ordinance.
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NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPIVIENT REVIKW
COMMITTEE OF MONROE COUNTY, FLORIDA, to reeommend 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 ] 6, 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 'vvhich 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. Cit).! 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 and design standards
and guidelines become effective, whichever COInes first.
Section 3: During the period (ddined in Section 2, above) that this InterirnDevelopment
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 follovving
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 Hoor area, building
height, or configuration of building f()otprint.
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 fi~om 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 [lOR 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 hereot~ and approve or disapprove any building design based on the draft architectural
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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 shan be granted
pursuant to an application or request with a submittal date of April I, 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 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 eode. 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 GroY\ithManagement
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 prepanng these amendments, the County Administrmor 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) identiJication of regulatory
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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 conDict with this ordinance arc
hereby repealed to the extent of said conDict.
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 Oftlce of the Secretary State of the
State of Florida, but shall not become effective until a notice is issued by the DepartTnent
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 it)}' the U.S. Highway I Corridor Between Tavernier Creek and
Mile Marker 97 including the Community Center or Six months aner the effective date of
the Livable CQmmuniKeys Master Plan 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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