Ordinance 020-2002 ORDINANCE NO. 20 -2002
AN ORDINANCE AMENDING THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN BY ADDING GOAL 105 AND
OBJECTIVES 105.1 THROUGH 105.3 TO ESTABLISH A SMART
GROWTH MECHANISM TO DIRECT FUTURE GROWTH TO INFILL
AREAS, EXPAND FUTURE LAND ACQUISITION AREAS, EXPAND
AREAS APPROPRIATE FOR TRANSFER OF DEVELOPMENT
RIGHTS, AND RECOMMEND MODIFICATION OF THE PERMIT
ALLOCATION SYSTEM.
WHEREAS, The Monroe County Year 2010 Comprehensive Plan was enacted on
January 4, 1996; and
WHEREAS, Objective 101.11 of Monroe County Year 2010 Comprehensive
Plan states: "Monroe County shall implement measures to direct growth away from
environmentally sensitive land and towards established development areas served by
existing public facilities [9J-5.006(3)(b) 4 and 7]"; and
WHEREAS, Goal 102 of the Monroe County Year 2010 Comprehensive Plan
states: "Monroe County shall direct future growth to lands which are intrinsically most
suitable for development and shall encourage conservation and protection of
environmentally sensitive lands. [9J-5.006(3)(a)]"; and
WHEREAS, Objective 102.9 of the Monroe County Year 2010 Comprehensive
Plan states: "By January 4, 1998, Monroe County shall complete and implement a
cooperative land management program for private and county-owned lands located
within and adjacent to parks and conservation lands which are owned by the state and
federal governments in the Florida Keys. [9J-5.006(3)(b) 4]"; and
WHEREAS,the Monroe County Planning Department has recommended the
addition of Goal 105 and Objectives 105.1 through 105.3 to the Monroe County Year
2010 Comprehensive Plan; and
WHEREAS,the Development Review Committee on October 16, 2001 reviewed
the proposed text and recommended approval of the proposed text; and
WHEREAS, during regular meetings held on November 7, 2001,November 28,
2001, and December 12, 2001 the Monroe County Planning Commission conducted
public hearings on the proposed text; and recommended approval of the proposed text;
and
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t t
WHEREAS, The Board of County Commissioners was presented with the following
information, which by reference is hereby incorporated as part of the record of said
hearing;
1. The staff report prepared on July 1, 2002 by K. Marlene Conaway, Director,
Planning and Environmental Resources.
2. Proposed changes to Monroe County Year 2010 Comprehensive Plan.
3. The Department of Community Affairs Objections, Recommendations and
Comment Report for the proposed change to the Monroe County Year 2010
Comprehensive Plan.
4. The sworn testimony of the Growth Management Staff
5. Comments by the public; and
WHEREAS,the Monroe County Board of County Commissioners examined the
proposed amendments to the Monroe County Code submitted by the Monroe County
Planning Department; and
WHEREAS,the Monroe County Board of County Commissioners hereby
supports the decision of the Monroe County Planning Commission and the staff of the
Monroe County Planning Department; and
WHEREAS,the Department of Community Affairs has reviewed the proposed
amendment for consistency with Rule 9J-5, Florida Administrative Code (F.A.C.),
Chapter 163, Part II, Florida Statutes (F.S.), and the adopted Monroe County
Comprehensive Plan and raises no objections to the proposed amendment; and
WHEREAS, it is the desire of the Monroe County Board of County
Commissioners that the following amendment to the County Code be approved;
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Year 2010 Comprehensive Plan is hereby amended to include the
following:
GOAL 105
Monroe County shall undertake a comprehensive land acquisition program and smart
growth initiatives in conjunction with its Livable CommuniKeys Program in a manner that
recognizes the finite capacity for new development in the Florida Keys by providing
economic and housing opportunities for residents without compromising the biodiversity
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of the natural environment and the continued ability of the natural and made-made
systems to sustain livable communities in the Florida Keys for future generations.
Objective 105.1
Monroe County shall implement smart growth initiatives in conjunction with its
Livable CommuniKeys and Land Acquisition Programs which promote
innovative and flexible development processes to preserve the natural
environment,maintain and enhance the community character and quality of life,
redevelop blighted commercial and residential areas, remove barriers to design
concepts, reduce sprawl, and direct future growth to appropriate infill areas.
Policy 105.1.1
Monroe County shall create an economic development framework for a
sustainable visitor-based economy, not dependent on growth in the
absolute numbers of tourists, that respects the unique character and
outdoor recreational opportunities available in the Florida Keys.
Policy 105.1.2
Monroe County shall 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.
Policy 105.1.3
Monroe County shall prepare development standards and amend the Land
Development Regulations to limit non-residential allocations for new floor
space on any one site to foster the retention and redevelopment of small
businesses on the US # 1.
Policy 105.1.4
Monroe County shall prepare redevelopment standards and amend the
Land Development Regulations to address the large number of non-
conforming commercial structures that are non-compliant as to on-site
parking, construction and shoreline setbacks, stormwater management,
landscaping and buffers. By identifying the existing character and
constraints of the different island communities, regulations can be adopted
that provide incentives for redevelopment and permit the continuance of
businesses while moving towards an integrated streetscape.
Policy 105.1.5
Monroe County shall prepare amendments to this Plan and its Land
Development Regulations that comprehensively revise the existing
residential permit allocation system to direct the preponderance of future
residential development to areas designated as an overlay on the zoning
map(s) as Infill (Tier III) in accordance with Policy 105.2.2.
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Policy 105.1.6
Monroe County shall prepare amendments to this Plan and its Land
Development Regulations that comprehensively revise the existing non-
residential permit allocation system in a manner that implements Policies
105.2.1 and 105.2.15 and is consistent with and furthers this Plan.
Objective 105.2
Monroe County shall implement with assistance of the state and federal
governments a 20-year Land Acquisition Program to: 1) secure for conservation
and passive recreation purposes remaining privately-owned environmentally
sensitive lands; 2)retire development rights on privately-owned vacant lands to
limit further sprawl and equitably balance the rights of property owners with the
long-term sustainability of the Keys man-made and natural systems; and, 3)
secure and retain lands suitable for affordable housing. This objective recognizes
the finite limits of the carrying capacity of the natural and man-made systems in
the Florida Keys to continually accommodate further development and the need
for the significant expansion of the public acquisition of vacant developable lands
and development rights to equitably balance the rights and expectations of
property owners.
Policy 105.2.1
Monroe County shall designate all lands outside of mainland Monroe
County into three general categories for purposes of its Land Acquisition
Program and smart growth initiatives. These three categories are: Natural
Area(Tier 1); Transition and Sprawl Reduction Area(Tier II); and Infill
Area (Tier III).
1. Natural Area(Tier I): Any defined geographic area where all or a
significant portion of the land area is characterized as
environmentally sensitive by the policies of this Plan and
applicable habitat conservation plan, is to be designated as a
Natural Area. New development on vacant land is to be severely
restricted and privately owned vacant lands are to be acquired or
development rights retired for resource conservation and passive
recreation purposes. However, this does not preclude provisions of
infrastructure for existing development. Within the Natural Area
designation are typically found lands within the acquisition
boundaries of federal and state resource conservation and park
areas, including isolated platted subdivisions; and privately-owned
vacant lands with sensitive environmental features outside these
acquisition areas.
2. Transition and Sprawl Reduction Area(Tier II): Any defined
geographic area, where scattered groups and fragments of
environmentally sensitive lands, as defined by this Plan, may be
found and where existing platted subdivisions are not
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predominately developed, not served by complete infrastructure
facilities, or not within close proximity to established commercial
areas, is to be designated as a Transition and Sprawl Reduction
Area. New development is to be discouraged and privately owned
vacant lands acquired or development rights retired to reduce
sprawl, ensure that the Keys carrying capacity is not exceeded, and
prevent further encroachment on sensitive natural resources.
Within a Transition and Sprawl Reduction Area are typically
found: scattered small non-residential development and platted
subdivisions with less than 50 percent of the lots developed;
incomplete infrastructure in terms of paved roads,potable water, or
electricity; and scattered clusters of environmentally sensitive
lands, some of which are within or in close proximity to existing
platted subdivisions.
3. Infill Area(Tier III): Any defined geographic area, where a
significant portion of land area is not characterized as
environmentally sensitive as defined by this Plan, where existing
platted subdivisions are substantially developed, served by
complete infrastructure facilities, and within close proximity to
established commercial areas, or where a concentration of non-
residential uses exists, is to be designated as an Infill Area. New
development and redevelopment are to be highly encouraged.
Within an Infill Area are typically found: platted subdivisions with
50 percent or more developed lots situated in areas with few
sensitive environmental features; full range of available public
infrastructure in terms of paved roads,potable water, and
electricity; and concentrations of commercial and other non-
residential uses within close proximity. In some Infill Areas, a mix
of non-residential and high-density residential uses (generally 8
units or more per acre) may also be found that form a Community
Center.
Policy 105.2.2
Monroe County shall prepare an overlay map(s) designating geographic
areas of the County as one of the three Tiers in accordance with the
guidance in Policy 105.2.1, which shall be incorporated as an overlay on
the zoning map(s) with supporting text amendments in the Land
Development Regulations. These maps are to be used to guide the Land
Acquisition Program and the smart growth initiatives in conjunction with
the Livable CommuniKeys Program (Policy 101.20.1).
Policy 105.2.3
The priority for acquisition of lands and development rights under the
County's Land Acquisition Program shall be as follows: Tier I (Natural
Area)-first priority; Tier II (Transition and Sprawl Reduction Area)-
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1 /I
second priority; and Tier III (Infill Area)-third priority, except acquisition
of land for affordable housing shall also be a first priority. These
acquisition priorities shall be applied consistent with the Policy 105.2.10
that directs the focus of the County's acquisition efforts to the acquisition
or retirement of development rights of privately owned vacant platted
subdivision lots within Tiers I and II. Federal, State and local funding will
be used for purchasing privately owned vacant lands for Tier II.
Policy 105.2.4
Monroe County shall prepare a specific data base tied to its Geographic
Information System, containing information needed to implement,
monitor, and evaluate its Land Acquisition Program, smart growth
initiatives, and Livable CommuniKeys Program.
Policy 105.2.5
Monroe County shall, in coordination with federal and state agencies,
implement a land acquisition program to acquire all remaining privately-
owned vacant lands within areas designated as a Natural Area(Tier I).
Policy 105.2.6
Monroe County shall implement a land acquisition program to acquire
most privately owned vacant private lands within areas designated as a
Transition and Sprawl Reduction Area(Tier II).
Policy 105.2.7
Monroe County shall implement a limited land acquisition program to
acquire privately owned vacant lands with sensitive environmental
features for conservation purposes and scarified properties for affordable
housing within areas designated as an Infill Area(Tier III).
Policy 105.2.8
The preferred method for acquisition of environmentally sensitive
privately owned vacant non-platted lands shall be fee simple purchase,
donation, or dedication or the retirement of development rights through
transfer of development rights or similar mechanisms.
Policy 105.2.9
The preferred method for acquisition of vacant platted lots shall be fee
simple purchase, donation, or dedication or the retirement of development
rights thorough transfer of development rights or similar mechanisms;
however, wherever appropriate,platted lots may be purchased in
partnership with adjoining property owner(s) subject to a conservation
easement that may allow limited accessory residential uses.
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Policy 105.2.10
In terms of effort, Monroe County shall primarily focus its Land
Acquisition Program on the acquisition or retirement of development
rights of vacant privately-owned platted lots within Tier I and Tier II and
the acquisition of scarified and disturbed lands for affordable housing
within Tier III. This policy recognizes the critical need for the County to
aggressively address the imbalance between development expectations of
private property owners and the finite carrying capacity of the natural and
man-made systems in the Florida Keys.
Policy 105.2.11
Monroe County shall petition the federal and state governments to
aggressively pursue the acquisition of all remaining privately-owned
vacant lands within their park and conservation acquisition boundaries and
to expand existing acquisition boundaries to include other lands in close
proximity with similar environmentally sensitive features.
Policy 105.2.12
With respect to the relief granted pursuant to Policy 106.1 (Administrative
Relief) or Policy 101.18.5 (Beneficial Use), a purchase offer shall be the
preferred form of relief for any land within Tier I and Tier II, or any land
within Tier III having conservation value in accordance with the criteria in
Policy 101.6.5.
Policy 105.2.13
In implementing this Land Acquisition Program, Monroe County is only
committed or financially obligated to the extent that local, state, and
federal funds are available.
Policy 105.2.14
Monroe County shall identify and secure possible local sources to yield a
steady source of funds and secure increased funding from state and
federal, and/or private sources for the Land Acquisition Program and the
management and restoration of acquired resource conservation lands. With
the uncertainty concerning the County's ability to successfully secure
sufficient funding from state and federal governments for their fair share
of the financial support for the Land Acquisition Program and the
demands placed on the County's limited financial resources to address
wastewater and other critical issues, it is recognized that the Land
Acquisition Program may extend well beyond 20 years.
Policy 105.2.15
Where appropriate, as part of the Livable CommuniKeys Planning
Process, Community Centers shall be designated within areas designated
as Tier III (Infill Area). A Community Center is characterized as a defined
geographic area with a mix of retail, personal service, office and tourist
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and residential uses (generally of greater than 8 units per acre).
Community Centers shall be designated as receiving areas for transfer of
development rights and shall receive special incentives in the non-
residential permit allocation system.
Objective 105.3
Monroe County shall implement its 20-Year Land Acquisition Program and smart
growth initiatives in conjunction with its Livable CommuniKeys Program and
shall make appropriate amendments to this Plan and the Land Development
Regulations including, but not necessarily limited to the residential and non-
residential permit allocation systems.
Section 2. If any section, subsection, sentence, clause, item, change, or
provision of this ordinance is held invalid, the remainder of this ordinance shall not be
affected by such validity.
Section 3. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of said conflict.
Section 4. The effective date of this plan amendment shall be: The date a final
order is issued by the Department of Community Affairs finding the amendment to be in
compliance in accordance with Chapter 163.31484, F.S.; or the date a final order is issued
by the Administration Commission finding the amendment to be in compliance in
accordance with Chapter 163.3184,F.S.
(The rest of this page has been left blank intentionally)
•
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 17th day of July, A.D., 2002.
Mayor Charles "Sonny"McCoy yes
Mayor Pro Tem Dixie Spehar yes
Commissioner George Neugent yes
Commissioner Murray Nelson yps
Commissioner Bert Jimenez yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COU7 Y, FLORIDA
t((BY
/ o i:\ Mayor Charles "Sonny" McCoy
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: DANNY KOHLAGE, CLERK
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Page 9 of 9 Initials
07/26/02
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
August 12, 2002
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Via CerlifiedMail7099 3400000591185957
Dear Mrs. Cloud,
Enclosed please find a certified copy of Ordinance No. 020-2002 amending the Monroe
County Year 2010 Comprehensive Plan by adding Goal 105 and Objectives 105.1 through 105.3
to establish a Smart Growth Mechanism to direct future growth to infill areas, expand future land
acquisition areas, expand areas appropriate for transfer of development rights, and recommend
modification of the Permit Allocation System.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in formal session on July 17, 2002. Please file for record.
Should you have any questions please feel free to contact me at (305) 292-3550.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
bY:~
Pamela G. ancock, Deputy Clerk
cc: County Administrator wlo document
Growth Management
County Attorney
BOCC
File ./
1 •
•
•
• SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery•
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse '. •4 r , a;�•;
so that we can return the card to you. C. Signature DEPARTMENT QFAATAT
• Attach this card to the back of the mailpiece,
or on the front if space permits. X 0 Addressee •
D. Is delivery address different from item 1? ❑Yes
EFT1. Article Addressed to: a If enter delivery address below: ❑No
Mrs. Liz Cloud, Chief It a STATE
Bureau of. Administrative Code
. The Collins Building AUG 1 5 200� •
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250 3. teT h
Fri, •
(Ordinance No. 020-2002) Ifi .� 1 • I�e mail
❑ Registered ❑ Return Receipt for Merchandise •
❑ Insured Mail ❑ C.O.D.
• 4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number(Copy from service label) .
7099 3400 0005 9118 5957 •
• '
.PS Form.8811,J61011999 I I t t t( t Dotmestic hetu'rn Receiptt t i t t I I t t t t I 102595-00-M-0952
•
U.S. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mail Only;No Insurance Coverage Provided)
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• Mrs. Liz Cloud (Ordinance 020-2002)
Postage $
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Certified Fee
Postmark
1-r1Return Receipt Fee ' j H 41. Here
(Endorsement Required) Vfr
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Bureau of Administrative Code & Laws
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PS Form 3800,July 1999 See Reverse for Instructions
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Circul cOIn
Danny L. Kolhage
Clerk of the Circuit Court
Phone: (305) 292-3550
FAX: (305) 295-3663
e-mail: phancock@monroe-clerk.com
Memnrandum
TO: James Hendrick
Cou nty Attorney
ATTN: Jan Hotalen, Assistant
County Attorney's Office
FROM: Pamela G. Hanc"'~.
Deputy Clerk D
DATE: August 12, 2002
At the July 17, 2002, Board of County Commissioner's meeting the Board adopted
Ordinance No. 020.2002 amending the Monroe County Year 2010 Comprehensive Plan by adding Goal
105 and Objectives 105.1 through 105.3 to establish a Smart Growth Mechanism to direct future growth
to infill areas, expand future land acquisition areas, expand areas appropriate for transfer of development
rights, and recommend modification of the Permit Allocation System.
On page 2 of the document it states: WHEREAS, The Board of County Commissioners was
presented with the following information, which by reference is hereby incorporated as part of the record of
said hearing;
1.
2.
3.
The staff report prepared on July I, 2002 by K. Marlene Conaway, Director, Planning and
Environmental Resources.
Proposed changes to Monroe County Year 2010 Comprehensive Plan.
The Department of Community Affairs Objections, Recommendations and Comment
Report for the proposed change to the Monroe County Year 2010 Comprehensive Plan.
The sworn testimony of the Growth Management Staff.
Comments by the public; and
4.
5.
None of these items are required to be attached to the Ordinance; however, since our office may
be asked to provide this information in the future we feel it necessary to make the following comments.
Our office pulled the agenda backup from the July 17th meeting, and found that Items 1 and 2 were a part
of the agenda packet. Item 3 was not a part of the agenda packet (see attached). furthermore, due to the
general nature of the description of Items 4 and 5 we are unable to determine what specific information is
being referenced in the Ordinance.
Attachment
cc: File
DIVISIONS OF FLORIDA DEPARTMENT OF STATE
MEMBER OF THE FLORIDA CABINET
State Board of Education
Trustees of the Internal Improvement Trust Fund
Administration Commission
Florida Land and Water Adjudicatory Commission
Siting Board
Division of Bond Finance
Department of Revenue
Department of Law Enforcement
Department of Highway Safety and Motor Vehicles
Department of Veterans' Affairs
Office of the Secretary
Office of International Relations
Division of Elections
Division of Corporations
Division of Cultural Affairs
Division of Historical Resources
Division of Library and Information Services
Di vision of Licensing
Division of Administrative Services
FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
DIVISION OF ELECTIONS
August 16, 2002
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated August 12, 2002 and certified copy of Monroe County
Ordinance No. 020-2002, which was filed in this office on August 15, 2002.
S~~Q
Liz Cloud, Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Collins Building - 107 West Gaines Street _ Tallahassee, Florida 32399-0250 _ (850) 245-6270
FAX: (850) 245-6282 _ WWW Address: http://www.dos.state.fl.us _ E-Mail: election@mail.dos.state.fl.us