05/17/2005 Special
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2005/92
Special Meeting
Board of County Commissioners
Tuesday, May 17, 2005
Key Largo, Florida
A Special Meeting of the Monroe County Board of County Commissioners convened at
1 :00 P.M., at the Key Largo Library. Present and answering to roll call were Commissioner
Charles "Sonny" McCoy, Commissioner Murray E. Nelson, Commissioner George R. Neugent,
Commissioner David P. Rice, and Mayor Dixie M. Spehar. Also present were Isabel C. DeSantis,
Deputy Clerk; Richard Collins, County Attorney; Thomas Willi, County Administrator; County
Staff, members of the press and radio; and the general public.
All stood for the Invocation and Pledge of Allegiance.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Nelson and seconded by Commissioner McCoy
granting approval of today's agenda. Motion carried unanimously.
PUBLIC HEARINGS
The Board accepted public input for the following Public Hearing items with the following
speakers addressing the Board: H. T. Pontin, Patricia R. Cruz, Donny Lang, George Wilson, Jim
Saunders, representing Bayview Development; Alicia Rook, Brian Rook, Andrew Tobin, James S.
Matton, and John Buschman.
The first of two Public Hearings was held to consider adoption of a Resolution
transmitting to the Department of Community Affairs the request filed by the Planning and
Environmental Resources Department amending the Year 2010 Comprehensive Plan to delete
requirements for an HEI, revise the open space, land acquisition, management and GIS mapping
requirement to implement Goal 105 of the 2010 Comprehensive Plan and the Tier System.
The first of two Public Hearings was held to consider adoption of a Resolution
transmitting to the Department of Community Affairs the request filed by the Planning and
Environmental Resources Department to amend the Monroe County 2010 Comprehensive Plan to
change the Rate of Growth Ordinance (ROGO) and the Non-Residential Rate of Growth
Ordinance (NROGO) to utilize the Tier Overlay as the basis for the Competitive Point System;
deleting, revising and adding policies, objectives and requirements for the implementation of Goal
105 of the 2010 Comprehensive Plan and the Tier Overlay District.
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2005/93
The first of two Public Hearings was held to consider adoption of an Ordinance adopting
amendments to the Monroe County Land Development Regulations to amend Environmental
Regulations by deleting Sections 9.5-336, 9.5-337, 9.5-338, 9.5-339, 9.5-339.1, 9.5-339.2,
9.5-339.3, 9.5-340, 9.5-341, 9.5-342, and 9.5-343 to eliminate requirements pertaining to the
existing conditions map and habitat evaluation index; creating new Section 9.5-336 to require an
existing conditions report, including vegetative survey as part of development approval; creating
new Section 9.5-337 to enhance protection of upland vegetation through Grant of Conservation
Easements; creating new Section 9.5-337 that provides new requirements for conservation
easements; creating new Section 9.5-338 that incorporates existing open space requirements for
wetlands; revising Section 9.5-347 to provide for maximum clearing limits of native upland
vegetation based upon the Tier System designation of the subject property; providing for repeal of
all Ordinances inconsistent herewith; providing for incorporation in the Monroe County Code of
Ordinances; directing the Planning and Environmental Resources Department to transmit a copy
of this Ordinance to the Florida Department of Community Affairs; and, providing for an effective
date.
The first of two Public Hearings was held to consider adoption of an Ordinance adopting
amendments to the Monroe County Land Development Regulations to implement Goal 105 of the
2010 Comprehensive Plan and the Tier Overlay System by revising Sections 9.5-120 through
9.5-123 and Sections 9.5-125 through 9.5-140 (Rate of Growth Ordinance [ROGOD and revising
Section 9.5-266 [Affordable and Employee Housing; providing evaluation criteria, point system,
and procedures utilizing the Tier Overlay as the basis for the ROGO System; providing special
evaluation criteria, point system, and procedures for Big Pine and No Name Key based on Habitat
Conservation Plan and Master Plan for Big Pine and No Name Key; providing for a lottery option
for ROGO System; creating an appeal process for NROGO limiting affordable housing allocations
to Tier II and III areas; providing authority to the Board of County Commissioners to require a
99 year restrictive covenant for certain classes of affordable and employee housing; providing
authority for an eligible governmental or non-governmental entity to administer eligibility and
compliance requirements of Affordable Housing Regulations on behalf of the Planning and
Environmental Resources Department; providing for repeal of all Ordinances inconsistent
herewith; providing for incorporation in the Monroe County Code of Ordinances; directing the
Planning and Environmental Resources Department to transmit a copy of this Ordinances to the
Florida Department of Community Affairs; and providing for an effective date.
The first of two Public Hearings was held to consider adoption of an Ordinance adopting
the amendments to the Monroe County Land Development Regulations to implement Goal 105 of
the 2010 Comprehensive Plan and the Tier Overlay System by renumbering existing Section
9.5-256 to 9.5-271; creating a new Section 9.5-256 Tier Overlay District; providing criteria for
designation of Tier Boundaries; providing a mechanism for Tier Overlay District Map
amendments; providing for repeal of all Ordinances inconsistent herewith; providing for
incorporation in the Monroe County Code of Ordinances; directing the Planning and
Environmental Resources Department to transmit a copy of this Ordinance to the Florida
Department of Community Affairs; and, providing for an effective date.
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2005/94
The first of two Public Hearings was held to consider adoption of an Ordinance adopting
amendments to the Monroe County Land Development Regulations to revise Sections 9.5-124
through 9.5-124.8 Non-Residential Rate of Growth Ordinance (NROGO) of the Monroe County
Land Development Regulations utilizing the Tier Overlay as the basis for the competitive Point
System; providing for repeal of all Ordinances inconsistent herewith; providing for incorporation
in the Monroe County Code of Ordinances; directing the Planning and Environmental Resources
Department to transmit a copy of this Ordinance to the Florida Department of Community
Affairs; and, providing for an effective date.
The first of two Public Hearings was held to consider adoption of an Ordinance adopting
an amendment to the Monroe County Land Use District Map to include a Tier Overlay Map
District designation on all land in unincorporated Monroe County in the Florida Keys between
Key West and Ocean Reef and designating boundaries for Tier I, Tier II and Tier III as required in
Goal 105 of the 2010 Comprehensive Plan pursuant to the criteria in Section 9.5-256; providing
for repeal of all Ordinances inconsistent herewith; directing the Planning and Environmental
Resources Department to transmit a copy of this Ordinance to the Florida Department of
Community Affairs; and providing for an effective date.
Tim McGarry, Growth Management Director gave a slide presentation concerning details
of the document dated May 17, 2005 - Recommendations, Options, & Decisions on Draft Comp
Plan and LDR Ordinances. Said document is incorporated herein by reference.
Commissioner McCoy excused himself from the remainder of the meeting.
After discussion, motion was made by Commissioner Rice and seconded by Commissioner
Neugent to approve the following Recommendation:
Increase Feds and State Financial and Legal Involvement
.
Create Policy 6 of the Comprehensive Plan stating that it's the County's policy to use
its full powers and resources through its Federal and State representatives and courts
of competent jurisdiction to bring these entities in as a "third party" and full participant
in any litigation to implement Federal/State mandates.
Motion carried unanimously, with Commissioner McCoy not present.
Marlene Conaway, Senior Director of Planning addressed the Board and discussed the
Tier Maps. After discussion, motion was made by Commissioner Nelson and seconded by
Commissioner Rice to approve the following Recommendation:
Tier I Options - Option 3
.
Assign "+ 1 0" points to Tier I under ROGO, but place cap on number of annual
allocations that can be awarded in Tier I to "6" ("3" each in UK and LK).
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2005/95
Motion carried unanimously, with Commissioner McCoy not present.
Motion was made by Commissioner Nelson and seconded by Commissioner Rice to
approve the following Recommendation, with the criteria that there only be two (2) tiers - Tier I
& II (Tier II & III be termed as Tier III) for transmittal to the Department of Community Affairs.
Tier II Options - Option I-Modified
· Assigft "30" "oims to both Tiers II tlftd III , Incorporate Tier II into Tier III. under
ROGO, except for Big Pine Key and No Name Key, and limit clearing of upland native
habitat to a maximum of 40% or 3,000 square feet, whichever is greater.
Motion carried unanimously, with Commissioner McCoy not present.
Motion was made by Commissioner Rice and seconded by Commissioner Nelson to
approve the following Recommendation:
Eliminate Lottery [Revised]
· Eliminate the lottery option.
Motion carried unanimously, with Commissioner McCoy not present.
Motion was made by Commissioner Nelson and seconded by Commissioner Rice to
approve the following Recommendation:
Retain the Provision for Purchase of Points [Revised]
.
Retain the provision for allowing the purchase of up to three (3) two (2) points in the
ROGO with payment to the County's Land Acquisition Fund and revise point cost
determination to be at least 150% of the a'lera.-ge a.ssessed market value ofROGO lots
sold for privately-owned vacant IS and URM lots.
Motion carried unanimously, with Commissioner McCoy not present.
Motion was made by Commissioner Nelson and seconded by Commissioner Rice to
approve the following Recommendation:
Provide Additional Vesting for Non-Residential Properties
.
Revise the proposed language to allow lawfully established non-residential uses to be
assigned +20 points (e.g. same as Tier III) under NROGO; if such use is within a Tier
I area, such assignment will be contingent upon no further clearing of upland native
habitat and not addition to and/or expansion of the existing lot or parcel upon which
the use is located.
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2005/96
Motion carried unanimously, with Commissioner McCoy not present.
Motion was made by Commissioner Rice and seconded by Commissioner Nelson to
approve the following Recommendation:
Increase Points for Market Units in Mixed Projects
· Increase the award for market rate units in a mixed project (affordable/market rate
units) from the proposed "+3" points to "+6" points.
Motion carried unanimously, with Commissioner McCoy not present
The Board announced that the above Public Hearing items will be continued to a BOCC
meeting scheduled for Tuesday, June 14,2005 at 2:30 p.m. at the Marathon Government Center.
There being no further business, the meeting of the Board of County Commissioners was
adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the Board
of County Commissioners
Monroe County, Florida
JlM(!. ~X!a4w
Isabel C. DeSantis, Derfuty Clerk