V. Public Hearings
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November] 5.2006
Division: Growth Management
Bulk Item: Yes
No~
Department: Planning
Staff Contact Person: Jose Papa, AICP
Clarence Feagin, Ph.D.. AICP
AGENDA ITEM \VORDING: Annual update of the 5-Ycar Schedule of Capital Improvements as
found in the Monroe County Y car 2010 Comprehensive Plan.
ITEM BACKGROUND: The annual update requires an amendment to the Monroe County Year
2010 Comprehensive Plan Table 4.1: 5- Y car Schedule of Capital Improvements. Florida Statute
Chapter 163.3177 (3)(a)6.(b) 1 requires that a local government's Capital Improvements Element be
reviewed on an annual basis and updated as necessary in order to maintain a financially feasible 5-year
schedule of capital improvements. The purpose of the 5-year schedule of capital improvements is to
direct expenditures for public facilities to reduce existing deficiencies in levels of service, provide for
replacements of worn out facilities, and meet future demands for Transportation, Solid Waste, Sanitary
Sewer and Storm Water Management, and Parks and Recreation.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: NA
ST AFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNOS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY:
County Atty ~ OMB/Purchasing ~ Risk Management ~
DOCUMENTATION:
Ty sin' ski Director, . ivision of Growth Management
Included ~_ Not Required~.
DIVISION DIRECTOR APPROVAL:
OISPOSITION:
I\GENOAITEM #
W\GROWfl! MANNjEI\lJNT\Comp Plan\Arncndrncnts{IP 2007 ANNUAL UPDATE\AGENDA SUMMAR Y 2007 Cll'D()(
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ORDINANCE NO
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COlVlMISSIONERS AMENDlMENDING TABLE
4.1 FIVE~ YEAR SCHEDULE OF CAPIT AL
Il\1PROVEMENTS OF THE YEAR 2010 COMPREHENSIVE
PLAi'l'; PRO\'IDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; AND
DIRECTING THE DIRECTOR OF PLANNING AND
ENVIRONMENTAL RESOURCES TO FORWARD A
CERTIFIED COPY OF THIS ORDINANCE TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS;
AND PROVIDING AN EFFECTIVE DATE
WHEREAS: The Monroe COllilty Board of County Commissioners makes the following
Findings of Law:
L Pursuant to Chapter 163.3177 (3)( a)6.(b) 1 F.S. The capital improvements element
shall be reviewed on 3..'1 annual basis and modified as necessary in order to maintain a
financially feasible 5-year schedule of capital improvements; and
2. Pursuant to Chapter 163.3177 (3)(a)6.(b)1 F.S. An amendment to the
comprehensive plan is required to update the schedule on an annual basis or to eliminate,
defer, or delay the construction for any facility listed in the 5-year schedule; and
3. Pursuant to Chapter 163.3177 (3)(a)6.(b)1 F.S, A local government may not
amend its future land use map, except for plan amendments to meet new requirements
under this part and emergency amendments after December 1, 2007, and every year
thereafter. unless and lliitil the local government has adopted the armual update to the 5-
Year Schedule of Capital Improvements and it has been transmitted to the state land
plarming agency; and
4. Pursuant to Chapter 163.3177 (3)(a)6.(c) F.S If the local government does not
adopt the required annual update to the schedule of capital improvements or the annual
update is found not in compliance, the state land pI arming agency must notify the
Administration Commission that the local government has a demonstrated lack of
commitment to meeting its obligations identified in the capital improvements element
and may be subject to sanctions by the Administration Commission; and
5. Pursuant to Chapter 163.3177 (3)(a)6.(b)2 F.S. Capital improvements element
amendments adopted after the effective date of this act shall require only a single public
hearing before Lhc governing board which shall be an adoption hearing; and
W:\GROWiH MANAGEMEN1\Comp Plan\Amendments\CIP 2007 ANNUAL UPDATE\ORDINANCE BOCC CIP Comp Plan
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6. Rule 9J-5 of the Florida Administrative Code requires that the Five- Year
Schedule of Capital Improvements (CIP) be reviewed and updated annually; and
WHEREAS: The Monroe County Board of County Commissioners makes the following
Findings of Fact:
1. Objective 1401.1 of the Year 2010 Comprehensive Plan mandates Monroe
County to provide the capital improvements necessary to correct existing deficiencies, to
accommodate projected future growth, and to replace obsolete and worn-out facilities, in
accordance with an adopted Capital hnprovements Program; and
2. Policy 1401.1.1 of the Year 2010 Comprehensive Plan mandates Monroe County
to revise the existing County Capital Improvements Program to incorporate the
improvements identified in the Five-Year Schedule of Capital Improvements included in
Table 4.1 of Capital Improvements hnplementation; and
3. Policy 1401.1.2 mandates Monroe County to annually update the Comprehensive
Plan Five-Year Schedule of Capital Improvements, and further provides that revisions to
the schedule shall be incorporated into the Capital Improvements Program on an annual
basis.
4. Monitoring and Evaluation Procedures 5.0 (1) and (2) of the Comprehensive Plan
requires that the Five- Year Schedule of Capital Improvements (CIP) to be reviewed and
updated annually, in order to allocate financial resources to implement the Plan.
5. The amendment furthers Principal (a) of the Principals for Guiding Development
in the Flofida Keys Area of Critical State Concern: To strengthen local government
capabilities for managing land use and development so that local government is able to
achieve these objectives without the continuation of the area of critical state concern
designation; and
6. Tlie amendment furthers Principal (h) of the Principals for Guiding Development
in the Florida Keys Area of Critical State Concern: To protect the value, efficiency,
cost-effectiveness, and amortized life of existing and proposed major public investments,
including: water supply facilities; sewage collection and disposal facilities; solid waste
collection and disposal facilities; transportation facilities; parks, recreation facilities, and
other publicly owned properties.
7. Annually updating the Fi ve- Year Schedule of Capital Improvements to provide
and maintain adequate public facilities fOf transportation, solid waste removal, sanitary
sewers a.'1d storm water treatment and, cultural and recreational facilities protects and
promotes the public health, safety, and welfare of both existing and future citizens of
Monroe County.
W:\GROWTH MANAGEMENT\Comp Plan\Amendments\CIP 2007 ANNUAL UPDATE\ORDlNANCE BOCc. CIP Comp PlanIAmendmenLGO''';
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8. The improvements listed in Table 4.1 Five- Year Schedule of Capital
Improvements further the public health, safety, and welfare of both existing and future
citizens of Monroe County.
9. At a regularly scheduled meeting held on the 11th day of October, 2006, the
Monroe County Planning Commission reviewed this matter and recommended that the
Board of County Commissioners adopt the amendments to Table 4.1 Five-Year Schedule
of Capital Improvements of the Year 2010 Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding
findings fact and conclusions of law support its decision to adopt the following
amendments to Table 4.1 Five-Year Schedule of Capital Improvements of the Year 2010
Comprehensive Plan.
Section 1. Table 4.1 Five-Year Schedule of Capital Improvements of the Year 2010
Comprehensive Plan is hereby amended as follows:
A Table 4.1 Five~ Year Schedule of Capital Improvements
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 invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 4. This ordinance shall be transmitted to the Florida Department of
Community Affairs pursuant to Chapter 163 and 380, ES.
Section 6. This ordinance shall be filed in the Office of the State of Florida, but shall
not become effective until a notice is issued by the Florida Department of Community
Affairs or Administration Commission approving same in accordance with Florida
Statutes 380.05(6) and (11) and finding the amendment in compliance with Chapter 163,
ES.
W:\GROWTH MANAGEMENT\Comp Plan\Alnendments\CIP 2007 A:"<NUAL UPDATE\ORDINANCE BOCC ClP Comp Plan
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Page 3 of 4
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida. at a regular meeting held on the 15th day of November, 2006.
Mayor Charles "Sor.ny" McCoy
Mayor Pro Tem Dixie Spehar
Commissioner George Neugent
Commissioner Mario Di Gennaro
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
BY
Mayor Charles "Sonny" McCoy
A T'TEST: DANNY KOLHAGE, CLERK
W:\GROWTH MANAGEMEN'I\CUffip Plan\Amendrnents\CIP 2007 ANNUAL UPDATE\ORDINANCE BOCC CIP Comp Plan
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MEMORANDUM
MONROE COUNTY PLANNING DEPARTMENT
We strive to belrtend~v, professional andfi:lir
To:
The Board of County Commissioners
From:
Clarence Feagin, Ph.D., AICP, Senior Planner
Through:
Jose Papa, AICP. Comprehensive Planning Manager
Date:
November 15. 2006
RE:
Annual update olthe 5-Year Schedule (~IC'apital Improvements
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Request
Staff is requesting that the SOCC adopt an amendment to the comprehensive
plan to update Table 4.1: Five -Year Schedule of Capital Improvements for 2007
through 2011.
Introduction
Staff is updating and revIsing Table 4.1: Five -Year Schedule of Capital
Improvements, in order to comply with State legislation and existing policies of
the Comprehensive Plan.
The purpose of the 5-year schedule of capital improvements is to direct
expenditures for public facilities to reduce existing deficiencies, provide for
replacements of worn out facilities, and meet the future demands for
Transportation, Solid Waste, Sanitary Sewer and Storm Water Management, and
Parks and Recreation. Currently, there are no deficiencies in levels of service
(LOS) for public facilities.
The proposed revisions to the 5- Year Schedule of Capital Improvements were
wrought by a collaborative effort among various County Departments, including
the Office of Management and Budget, Engineering, Public Works, and Planning.
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Relevant State Legislation
Pursuant to Chapter 163.3177 of the Florida Statutes and Rule 9J-5.016 of the
Florida Administrative Code, the capital improvements element of the
comprehensive plan shall be reviewed on an annual basis and modified as
necessary in order to maintain a financially feasible 5-year schedule of capital
improvements. Furthermore, the statutes provide that a local government may
W\GRi)Wrll :vIANAGFMENT\Comp Plan\Amendmcnts\CIP 2007 ANNUAL UPDAII.:\STAFF REPORT BOeC UP 2007
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not amend its future land use map unless and until the local government has
adopted the annual update to the 5-Year Schedule of Capital Improvements and
it has been transmitted to the state land planning agency (DCA). Moreover, if the
local government does not adopt the required annual update to the schedule of
capital improvements or the annual update is found not in compliance, the state
land planning agency must notify the Administration Commission that the local
government has a demonstrated lack of commitment to meeting its obligations
identified in the capital improvements element and may be subject to sanctions
by the Administration Commission.
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Relevant Comprehensive Plan Policies and Objectives
The annual update of the 5-Year Schedule of Capital Improvements is consistent
with several Policies and Objectives of the Monroe County Comprehensive Plan,
and directIves set forth in Chapter 5.0 (1) and (3) of the Comprehensive Plan's
Monitoring and Evaluation Procedures,
Specifically:
Objective 1401.1 of the Year 2010 Comprehensive Plan mandates
Monroe County to provide the capital improvements necessary to correct
existing deficiencies, to accommodate projected future growth, and to
replace obsolete and worn-out fadlities, In accordance with an adopted
Capital Improvements Program; and
Policy 1401.1.1 of the Year 2010 Comprehensive Plan mandates Monroe
County to revIse the existing County Capital Improvements Program to
incorporate the Improvements identified in the Five-Year Schedule of
Capital Improvements included in Table 4.1 of Capital Improvements
Implementation; and
Policy 1401.1.2 mandates Monroe County to annually update the
Comprehensive Plan Five-Year Schedule of Capital Improvements, and
further provides that revisions to the schedule shall be incorporated into
the Capital Improvements Program on an annual basis.
""
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Chapter 5.0 Monitoring and Evaluation Procedures: The Monroe County
Year 2010 Comprehensive Plan provides the basis for permitting and
allocating development and providing public facilities concurrent with the
impacts of development In order to ensure that this plan reflects current
County policy, the achievement of Goats, Objectives and Policies, the most
up-to-date baseline data and analysis, and that the appropriate resources
are allocated to properly implement the plan, 9J-5:
W..GROWTll MANAGEMENT\Colllp Plan'oAmendrnenls\C1P 2007 ANNUAL UPDATE\S'fAFF REPORT BOeC UP 2007
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Page 2 0 f 3
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requires that the Five-Year Capital Improvement Program (CIP) be
reviewed and updated annually;
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The Monroe County Board of County Commissioners (BOCC) serves as
the local governing body and is responsible for adopting, amending and
updating the Monroe County Year 2010 Comprehensive Plan and for its
implementation, including:
3. adopting the Five-Year Capital Improvement Program on an annual
basis.
Recommendation
Planning Staff recommends approval of the proposed amendment to the 5-Year
Schedule of Capital Improvements for the following public facilities:
Transportation
Solid Waste
Sanitary Sewer and Storm Water Management
Parks and Recreation.
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24 See Exhibit A: Table 4.1 5-Year Schedule of Capital Improvements for the
25 proposed update.
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W:\CiRO\VTII MANA(iEMFNT\COlllp Plan'Al11cndmellls\CIP 2007 ANNUAL UPDATF\STAFF REPORT 130('(' UP 2007
UPDAIT;,doc
Page 3 of 3
DATA & ANALYSIS
PUBLIC FACILITIES
CAPITAL IMPROVEMENTS PLAN
Transportation
Solid Waste
Sanitary Sewers / Storm water Management
Culture and Recreation
Transportation
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All Projects Completed and Accounts Closed
Sanitary Sewer / Storm Water Management
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Project Status
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Design and Construction
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Appropriate Un-Appwriated Subsequent Years
"reject Title I Funding Source Te Date FY 2008 2009 FY 2010 FY 2011
Fund 304 Culture & Recreation
Proiects
Big Coppitt Park 25,805 0 0 0 0 0 0 25,805
Key West Library Roof 24,500 425,500 0 0 0 0 425,500 450,000
Marathon Library- Joint venture with 0 2,800,000 0 0 0 0 2,800,000 2,800,000
City of Marathon
Big Pine Socceer Field 0 100,000 0 0 0 0 100,000 100,000
Key Largo Community Park Lighting 0 93,000 0 0 0 0 93,000 93,000
County Parks Resodding 0 343,000 0 0 0 0 343,000 343,000
Library Improvement (5 facilities) 5,072 494,928 0 0 0 0 494,928 500,000
Big Pine Key Park 339,588 530,432 50,000 50,000 50,000 50,000 730,432 1,070,000
Sugarloaf School Park 0 1,500,000 0 0 0 0 1,SOO,OOO 1,500,000
Devlp/lmprov Countywide Parks 67,482 105,000 SO,OOO 50,000 50,000 SO,OOO 305,000 372,482
Total Project Cost 462,427 6,391,860 100,000 100,000 100,000 100,000 6,791,860 7,254,287
Current Revenues
1 Cent Infrastructure Sales Tax Fund 462,427 6,391,860 100,000 100,000 100,000 100,000 6,791,860 7,254,287
304
Current Revenues Funding 462,427 6,391,860 100,000 100,000 100,000 100,000 6,791 ,860 7,254,287
Total Funding 462,427 6,391,860 100,000 100,000 100,000 100,000 6,791,860 7,254,287
fye \ t c:...T nUrY\..b.-t's,
o r'\ da.-+,,,,;,, \ pet.). to 5
CCvv"\ b~
0... \ " Y'\.)
+0 CA-f'\. d.
'-<J i Th c:::r:1lt-< r
',n ~"";y)~'0"'v""'.
Fiscal Year 2007
U - 13
Summary Reports
Monroe County Board of County Commissioners FY 2007 thru FY 2011 Capital Improvement Program
Project: CC9804 Title: Big Coppitt Par1l. Status: Adopted
Category: Fund 304 Culture & Recreation
Project Map Schedule of Activities
Project Activities
From'" To
10/98 - 09/06
Amount
25,805
'5 " 11''11I. c::.r..;S --
~4A t"\d;..... S ~~GU'::.
Construction
0> n Pel \ n"\. 1b~ c.. '" "P 4,.~\ 1 S h (..(..'"U.
Total Budgetary Cost Estimate:
25,805
Means of Financing
Funding Source
One Cent Infra-Structure Sales Tax
Amount
25,805
Total Programmed Funding:
Future Funding Requirements:
25,805
o
GovMax
7/11/2006
Monroe County Board of County Commissioners FY 2007 thru FY 2011 Capital Improvement Program
Pro'ect: CC0602 Title: Key West Library Roof Status: Adopted
Category: Fund 304 Culture & Recreation.
Project Map Schedule of Activities
Project Activities
Design! Architecture
Future Years Construction Allocation
From - To
10105 - 09!06
10/06 - 09107
Amount
24,500
425,500
Total Budgetary Cost Estimate:
450,000
Means of Financing
Funding Source
One Cent Infra-Structure Sales Tax
Amount
450,000
Total Programmed Funding:
Future Funding Requirements:
450,000
o
GovMax
7/11/2006
Monroe County Board of County Commissioners FY 2007 thru FY 2011 Capital Improvement Program
Project: CC0605 Title; Marathon Library- Joint venture with City of Marathon Status: Adopted
Category; Fund 304 Culture & Recreation Business Center: Engineering
Project Map Schedule of Activities
Project Activities
Project Management
Future Years P~ Mgnt Allocation
From - To Amount
10/05 - 09/06
10/06 - 09/07 2,800,000
Total Budgetary Cost Estimate;
2,800,000
Means of Financing
Funding Source
One Cenllnfra-Structure Sales Tax
Amount
2,800,000
Total Programmed Funding:
Future Funding Requirements:
2,800,000
o
GovMax
7/11/2006
Monroe County Board of County Commissioners FY 2007 thru FY 2011 Capital Improvement Program
Project: CC0701 Title: Big Pine Socceer Field Status: Proposed
Category: Fund 304 Culture & Recreation
Project Map Schedule of Activities
Project Activities
Design/Engineering
Demolition
Construction
From" To
10/06 . 09/07
10/06 . 09/07
10/06 - 09/07
Amount
2,500
26,000
71,500
Total Budgetary Cost Estimate:
100,000
Means of Financing
Funding Source
One Cent Infrastructure Sales Tax
Amount
100,000
Total Programmed Funding:
Future Funding Requirements:
100,000
o
GovMax
7/11/2006
"'
Monroe County Board of County Commissioners FY 2007 thru FY 2011 Capital Improvement Program
Project: CC0601 Title: Key Largo Community Park Lighting Status: Adopted
Category: Fund 304 Culture & Recreation Business Center: Engineering
Project Map Schedule of Activities
Project Activities
From - To Amount
10/05.09/06
10/06 .09/07 93,000
Construction
Future Years Construction Allocation
Total Budgetary Cost Estimate:
93,000
Means of Financing
Funding Source
One Cent Infra-Structure Sales Tax
Amount
93,000
Total Programmed Funding:
Future Funding Requirements:
93,000
o
GovMax
7/11/2006
Monroe County Board of County Commissioners FY 2007 thru FY 2011 Capital Improvement Program
Pro'ect: CC0603 Title: County Parks Resodding Status: Adopted
Category: Fund 304 Culture & Recreation
Project Map Schedule of Activities
Project Activities
From. To Amount
10/05 - 09/06
10/06 - 09107 343,000
Construction
Future Years Construction Allocation
Total Budgetary Cost Estimate:
343,000
Means of Financing
Funding Source
One Cent Infra-Structure Sales Tax
Amount
343,000
Total Programmed Funding:
Future Funding Requirements:
343,000
o
GovMax
7/1112006
Monroe County Board of County Commissioners FY 2007 thru FY 2011 Capital Improvement Program
Pro'ect: CC0301 Title: Library Improvement (5 facilities) Status: Adopted
Category: Fund 304 Culture & Recreation Business Center: Engineering
Project Map Schedule of Activities
Project Activities
Design/Engineering
Construction
Future Years"Construction Allocation
From. To
10/02 - 09/06
10/05 - 09/06
10/06 - 09/07
Amount
3,126
1,946
494,928
Total Budgetary Cost Estimate:
500,000
Means of Financing
Funding Source
One Cent Infra-Structure Sales Tax
Amount
500,000
Total Programmed Funding:
Future Funding Requirements:
500,000
o
GovMax
7111/2006
Monroe County Board of County Commissioners FY 2007 thru FY 2011 Capital Improvement Program
Pro'ect: CC0202 Title: Big Pine Key Park Status: Adopted
Category: Fund 304 Culture & Recreation
Project Map Schedule of Activities
Project Activities
Design/Engineering
Design/Architecture
Future Years Construction Allocation
From. To
10/02 - 09/06
1 0/02 . 09/06
10/06 . 09/11
Amount
269,786
69,782
730,432
Total Budgetary Cost Estimate:
1,070,000
Means of Financing
Funding Source
One Cent Infra-Structure Sales Tax
Amount
1,070,000
Total Programmed Funding:
Future Funding Requirements:
1,070,000
o
7/11/2006
GovMax
Monroe County Board of County Commissioners FY :2007 thru FY 2011 Capital Improvement Program
Project: CC0604 Title: Sugarloaf School Park Status: Adopted
Category: Fund 304 Culture & Recreation
Project Map Schedule of Activities
Project Activities
Project Management
Future Years p~ Mgnt Allocation
From - To
10/05 - 09/06
10/06 - 09/07
Amount
750,000
750,000
Total Budgetary Cost Estimate:
1,500,000
Means of Financing .
Funding Source
One Cent Infra-Structure Sales Tax
Amount
1,500,000
Total Programmed Funding:
Future Funding ReqUirements:
1,500,000
o
GovMax
7/11/2006
Monroe County Board of County Commissioners FY 2007 thru FY 2011 Capital Improvement Program
Project: CC980a Title: Devlpllmprov Countywide Parks Status: Adopted
Category: Fund 304 Culture & Recreation Business Center: Engineering
Project Map Schedule of Activities
Project Activities
From - To
10/98 - 09/06
10/06 - 09/11
Amount
67.482
305,000
Construction
Future Years Construction Allocation
Total Budgetary Cost Estimate:
372.482
Means of Financing
Funding Source
One Cent Infra-Structure Sales Tax
Amount
372,482
Total Programmed Funding:
Future Funding Requirements:
GovMax
372,482
o
7/11/2006
PLANNING COMMISSION RESOLUTION NO.P43-06
A RESOLUTION BY THE PLANNING COMMISSION
RECOMMENOING THA T THE BOARD OF COUNTY
COMMISSIONERS ADOPT AN AMENDMENT TO TABLE
4.1 : FIVE-YEAR SCHEOULE OF CAPITAL
IMPROVEMENTS, OF THE YEAR 2010
COMPREHENSIVE PLAN
WHEREAS: The Monroe County Planning Commission makes the following Findings of
La\v:
L Pursuant to Chapter 163.3177 (3)(a)6.(b)] F.S. The capital improvements element
shall be reviewed on an annual basis and modified as necessary in order to maintain a
financially feasible 5-year schedule of capital improvements: and
2. Pursuant to Chapter 163.3177 (3)(a)6.(b)1 F.S. An amendment to the
comprehensive plan is required to update the schedule on ill1 annual basis or to eliminate,
deter, or delay the construction for any facility listed in the 5-year schedule; and
3. Pursuant to Chapter ]63.3177 (3)(a)6.(b)1 F.S. A local government may not
amend its future land use map, except for plill1 amendments to meet new requirements
under this part and emergency amendments after December 1, 2007, and every year
thereafter, unless and until the local government has adopted the annual update to the 5-
Year Schedule of Capital Improvements and it has been transmitted to the state land
planning agency; and
4. Pursuant to Chapter ]63.3177 (3)(a)6.(c) F.S If the local government does not
adopt the required annual update to the schedule of capital improvements or the annual
update is found not in compliance, the state land planning agency must noti(y the
Administration Commission that the local government has a demonstrated lack of
commitment to meeting its obligations identified in the capital improvements element
and may be subject to sanctions by the Administration Commission; and
5. Pursuant to Chapter 163 J 177 (3 )(a)6.(b)2 F .S. Capital improvements element
amendments adopted after the em~ctive date of this act shall require only a single public
hearing bef()fe the governing board which shall be an adoption hearing; and
6. Rule 9.1-5.016 of the Florida Administrative Code requires that the Five- Year
Schedule of Capital Improvements (CIP) be reviewed and updated annually; and
P43-06
Page 1 of 3
\VHEREAS: The Monroe County Planning Commission makes the following Findings
of Fact:
1. O~jective 1401.1 of the Year 2010 Comprehensive Plan mandates Monroe
County to provide the capital improvements necessary to correct existing deficiencies, to
accommodate projected future grow1h, and to replace obsolete and worn-out facilities, in
accordance with an adopted Capital Improvements Program; and
2. Policy 1401 .1.1 of the Year 2010 Comprehensive Plan mandates Monroe County
to revise the existing County Capital Improvements Program to incorporate the
improvements identi tled in the Five-Year Schedule of Capital Improvements included in
Table 4.1 of Capital Improvements Implementation; and
3. Policy 1401.1.2 mandates Monroe County to annually update the Comprehensive
Plan Five-Year Schedule of Capital Improvements, and further provides that revisions to
the schedule shall be incorporated into the Capital Improvements Program on an annual
basis; and
4. Monitoring and Evaluation Procedures 5.0 (1) and (2) of the Comprehensive Plan
requires that the Five- Year Schedule of Capital Improvements (C1P) to be reviewed and
updated annually, in order to allocate financial resources to implement the Plan: and
5. The amendment furthers Principal (a) of the Principals lor Guiding Development
in the Florida Keys Area of Critical State Conccm: To strengthen local govemment
capabilities tor managing land use and development so that local government is able to
achieve these objectives without the continuation of the area of critical state concern
designation; and
6. The amendment furthers Principal (h) of the Principals for Guiding Development
in the Florida Keys Area of Critical State Concem: To protect the value, efficiency,
cost-e1fectiveness, and amortized life of existing and proposed major public investments,
including: water supply lacilities; sewage collection and disposal facilities; solid waste
collection and disposal facilities: transportation facilities; parks, recreation facilities, and
other publicly owned properties.
NOW THEH.EFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, that the preceding findings fact and conclusions
of law support its decision to recommend that the 130CC adopt the following amendment
to Table 4.1 Five-Year Schedule of Capital Improvements of the Year 2010
Comprehensive Plan.
Section 1. Text Amendment. 'Iable 4.1 Five- Year Schedule of Capital Improvements of
the Year 2010 Comprehensive Plan is hereby amended as follovvs:
'rable 4.1 J.'ive- Year Schedule of Capital Improvements
P43-06
Page 201'3
PASSED AND RECOMMENDED FOR ADOPTION by the Monroe County Planning
Commission at a regular meeting held on the I} th day of October, 2006.
James D. Cameron, Chair
Randolph D. Wall, Vice Chair
Michelle Cates Deal. Commissioner
Sherry Popham, Commissioner
Donna Windle, Commissioner
YES
YES
ABSEN'r
YES
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By~~
~ ~
James D. Cameron. Chair
Signed this _~~_~"
day of
.2006,
P43-06
Page 3 of 3
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 15 . 2006
Division: Grmvth Management
Bulk Item: Yes
No~
Department: Planllin!2. & Environmental Res.
Staff Contacts: Jose Papa. AICP
Clarence Feagin. Ph.D.. AICP
AGENDA ITEM WORDING:
A public hearing to consider an ordinance amending the Monroe County Code by creating Section 9.5-
491.1, to provide tbr proportionate fair-share mitigation of development impacts on transportation
facilities. (Only one required public hearing)
ITEM BACKGROUND:
The adoption of this ordinance fulfills a State mandate. A 2005 amendment to Florida's growth
management legislation mandates local governments to enact concurrency management ordinances by
December 1, 2006, which allow tor "proportionate share" contributions from developers toward
concurrency requirements (Chapter 163.3180(16), F.S.). The intent of the proportionate fair-share
ordinance is to provide developers an opportunity to proceed under ce11ain conditions, notwithstanding
the failure of transportation concurrency, by contributing their share of the cost of improving the
impacted transportation facility.
PREVIOUS RELEVANT BOCC ACTION:
None.
-~~-~~~~~--~~~~~___~~~r~~~__~__~_~~~~___~_"~"~~~_~~~~~~_~~~~~____,
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOT AL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH
Year
APPROVED BY:
County Atty X
OMB/Purchasing _ Risk Management ~~~
// j// /cf 6,/:?~ t
:ty/~ymroski '
DIVISION DIRECTOR APPROVAL:
DOCUMENT A TION:
Included X
Not Required
DISPOSITION:
AGENDA ITEM #
W:',GRO\Vfl r MANAGEMENT\l,DI{\Alllcndrnents\TRANSPO!(TA'nON PROP SIIARF MITIGA1ION'BOCC AGENDA nIl'v1 SI'MMARY. PROP
SHARF ORDINANCE,doc
Page 1 of I
ORDINANCE NO
AN ORDINAl'JCE BY THE MONROE COUNTY BOARD OF
COUNTY COl\-1MISSIONERS CREATING A NEW
SECTION 9.5-491.1 PROPORTIONATE FAIR~SHARE
MITIGATION OF DEVELOPMENT IMPACTS ON
TRA.i'JSPORTATION FACILITIES; PROVIDING FOR
SKVERABILITY; PROVIDING FOR THE REPEAL OF ALL
CODE PROVISIONS AND ORDINANCES INCONSISTENT
WITH THIS ORDINANCE; PROVIDING FOR INCLUSION
IN THE MONROE COUNTY CODE; PROVIDING FOR
THE TRANSl\lITT AL OF TIDS ORDINAt'lCE TO THE
STATE DEPARTMENT OF COMMUNITY AFFAIRS; AND
PROVIDING FOR AN EFFECTIVE DATE UPON
APPROVAL OF THIS ORDINANCE BY THE STATE
DEP ARTl\tIENT OF COMMUNITY AFFAIRS.
WHEREAS: Pursuant to Chapter 1633181(16)(a)F.S., by December 1,2006 each local
government is mandated to adopt by ordinance a methodology for assessing proportionate
fair-share mitigation options for impacts on transportation facilities; and
WHEREAS: The Monroe County Board of County Commissioners (BOCC) finds and
determines that transportation capacity is a commodity that has a value to both the public
and private sectors and that the County's Proportionate Fair-Share Program:
1. Provides a method by which the impacts of development on transportation
facilities can be mitigated by the cooperative efforts of the public and private
sectors; i:Ll1d
2. Allows developers to proceed under certain conditions. notwithstanding
the failure of transportation concurrency, by contributing their proportionate fair-
share of the cost of a transportation facility; and
3. Contributes to the provision of adequate public facilities for future growth
and promotes a strong commitment to comprehensive facilities planning, thereby
reducing the potential for moratoria or unacceptable levels of traffic congestion;
and
4. Maximizes the use of public funds for adequate transportation facilities to
serve future growth, and may, in certain circumstances, allow the County to
expedite transportation improvements by supplementing funds currently allocated
for transportation improvements in the Capital Improvements Element (CIE) of
the Monroe County 2010 Comprehensive Plan; and
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5. Is consistent with S163.3180(16), F.S., and supports the following policies
in the Monroe County 2010 Comprehensive Plan: Intergovernmental
Coordination Element Policies 1301.32, 1301.3.3, and 1301.3.4; and Capital
Improvements Element Objectives and Policies 1401.3, 1401.3.1, 1401.4.4,
1401.4.5, and 1401.4.7; and
6. Is consistent with the Principles for Guiding Development in the Florida
Keys Area of Critical State Concern as a whole, and is not inconsistent with any
Principle, and furthers Principle (h); To protect the value, e.lJiciency, cost-
eJJectiveness, and amortized life of existing and proposed major public
investments, including: 5. Transportation facilities.
7. Protects and promotes the public safety and general welfare of the citizens
of Monroe County; and
8. At a regularly scheduled meeting held on the 11th day of October, 2006,
the Monroe County Planning Commission reviewed this matter and recommended
that the Board of County Commissioners adopt land development regulations
providing for proportionate fair-share mitigation of development impacts on
transportation facilities.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Board adopts the preceding findings of fact and conclusions of law in
support of its decision to amend the text of the Monroe County Code.
Section 2. Text Amendment. Section 9.5-490.1 of the Monroe County Land
Development Regulations is hereby created to read as follows:
Section 9.5-491.1 Proportionate fair-share mitigation of development impacts on
transportation facilities.
a. Purpose and Intent:
(I) The purpose of this ordinance is to establish a method whereby the
impacts of development on transportation facilities can be mitigated by the
cooperative efforts of the public and private sectors, to be known as the
Proportionate Fair-Share Program, as required by and in a manner consistent with
* 163.3180(16), ES,
b. Applicability:
(1) The Proportionate Fair-Share Program shall apply to all developments in
Monroe County that have been notified of a lack of capacity to satisfy
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transportation concurrency on a transportation facility in the County's Concurrency
Management System (CMS), including transportation facilities maintained by
FDOT or another jurisdiction that are relied upon for concurrency determinations,
pursuant to the requirements of Section e.
(2) Proportionate fair-share mitigation shall be applied as a credit against
impact fees to the extent that all or a portion of the proportionate fair-share
mitigation is used to address the same capital infrastructure improvements
contemplated by Monroe County's impact fee ordinance.
(3) Proportionate fair-share mitigation includes, without limitation, separately
or collectively, private funds, contributions of land, and construction and
contribution of facilities and may include public funds as determined by the
County. The fair market value of the proportionate fair-share mitigation shall not
differ based on the form of mitigation. The County may not require a
development to pay more than its proportionate fair-share contribution regardless
of the method of mitigation.
(4) The Proportionate Fair-Share Program does not apply to developments of
regional impact (DRIs) using proportionate fair-share under 9163.3180(12), F.S.,
or to developments exempted from concurrency as provided in Chapter 163.3180,
F~S., regarding exceptions and de minimis impacts.
c. Definitions
T:.1e words and phrases used herein shall have the meaning prescribed by the
Monroe County Land Development Regulations, except as indicated below:
Applicant or Developer or Owner means any individual, corporation, business
trust, estate trust, partnership, association, two or more persons have a joint or
common interest, governmental agency, or any other legal entity, which has
submitted an Application for A Fair Share Agreement and/or who desires to
participate in the Fair Share Program.
Application means an application presented to the County containing the
information required pursuant to this Ordinance.
Race means the Monroe County Board of County Commissioners.
Capital Improvements Element (CIE) means the element of the Comprehensive
Plan adopted pursuant to Chapter 163 (Part II), Florida Statutes, which is based on
the need for public facilities as identified in the other Comprehensive Plan
elements and as defined in the applicable definitions for each type of public
facility, which estimates the cost of improvements for which the local government
has fiscal responsibility, which analyzes the fiscal capability of the local
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government to finance and construct improvements, which adopts financial
policies to guide the funding of improvements, and which schedules the funding
and construction of improvements in a manner necessary to ensure that capital
improvements are provided when required based on needs identified in the other
adopted Comprehensive Plan elements.
Concurrency means that the necessary public facilities and services to maintain
the adopted level of service standards are available when the impacts of
development occur.
Concurrency Coordinator means the Director of the Monroe County Planning and
Environmental Resources Department or his or her designee.
Concurrency Management System (eMS) means the procedures and/or processes
utilized by the County to assure that final development orders and final
development permits are not issued unless the necessary public facilities to
support the development are available concurrent with the impacts of
development The requirements of the Concurrency Management System are
provided for in Policies 1401.4.5, 1401.4.6, 1401.4.7, 1401.4.8, and 1404.9 of the
Capital Improvements Element of the Monroe County 2010 Comprehensive Plan.
County means Monroe County, Florida.
Department is the Monroe County Department of Planning and Environmental
Resources.
Deficient Roadltvay means a roadway or segment on the Roadway Network which
is within the Traffic Impact Area of a proposed development, which development
(1) would cause L'1e LOS standard for the affected roadway or segment to fall
below the minimum accepted level as determined under the County's
Concurrency Management System, or (2) has an impact on travel or delay time on
an existing Deficient Roadway. Deficient roadways also include roadways
designated as constrained or backlogged.
Future Transportation Map is the map(s) within the Map AtlaslDocument
adopted in the Monroe County Comprehensive Plan, as the same may be amended
from time to time, indicating all freeways, arterial and collector roadways which
will provide for adequate traffic circulation within its planning period.
Impacted Road Segment means any road segment or link on the Roadway
Network that is wholly or partially within the project's traffic impact area.
Roadway Netv,;ork means an interconnected system of freeway, arterial and
collector roads identified by the County in its Comprehensive Plan and
Concurrency Management System for which the Level of Service standards must
be maintained.
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Traffic Impact Area of a particular development is determined by a traffic study,
in coordination with the County Traffic Engineer, from each of the overall
development's entrance/connections to a roadway external to the development. If
there are no roadways or segments on the Roadway Network within the defined
area, the traffic impact area shall encompass the nearest roadway or link on the
Roadway Network
Transportation Concurrency means that the necessary public facilities and
services to maintain the applicable Level of Service standards for road facilities
adopted in Policies 301.1.1 and 301.1.2 of the Monroe County 2010
Comprehensive Plan are available when the impacts of development occur.
d. General Requirements
(1) An applicant may choose to satisfy the transportation concurrency requirements
of the County by making a proportionate fair-share contribution, pursuant to the
foHowing requirements:
(a) The proposed development is consistent with the comprehensive plan and
applicable land development regulations.
(b) The five-year schedule of capital improvements in the County's Capital
Improvements Element (CIE) or the long-term schedule of capital improvements
for an adopted long-term CMS includes a transportation improvement(s) that,
upon completion, will satisfy the requirements of the County transportation CMS.
The provisions of Section d. (2) may apply if a project or projects needed to
satisfy concurrency are not presently contained within the local government CIE
or an adopted long-term schedule of capital improvements.
(2) The County may choose to allow an applicant to satisfy transportation
concurrency through the Proportionate Fair-Share Program by contributing to an
improvement that, upon completion, will satisfy the requirements of the County
transportation eMS. but is not contained in the five-year schedule of capital
improvements in the eIE or a long- term schedule of capital improvements for an
adopted long-term CMS, where the following apply:
(a) The County adopts, by resolution or ordinance, a commitment to add the
improvement to the five-year schedule of capital improvements in the CIE or
long-term schedule of capital improvements for an adopted long-term CMS no
later than the next regularly scheduled update. To qualify for consideration
under this section, the proposed improvement must be reviewed by the
appropriate County depanment(s), and determined to be financially feasible
pursuant to 9163.3180(16) (b) 1, F.S., consistent with the comprehensive plan,
and in compliance with the provisions of this ordinance. Financial feasibility
for this section means that additional contributions, payments or funding
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sources are reasonably anticipated during a period not to exceed 10 years to
fully mitigate impacts on the transportation facilities.
(b) If the funds allocated for the five- year schedule of capital improvements in the
County eIE are insufficient to fully fund construction of a transportation
improvement required by the CMS, the County may still enter into a binding
proportionate fair-share agreement with the applicant authorizing construction
of that amount of development on which the proportionate fair-share is
calculated if the proportionate fair-share amount in such agreement is
sufficient to pay for one or more improvements which will, in the opinion of
the COtL'1ty, significantly benefit the impacted transportation system.
(c) The improvement or improvements funded by the proportionate fair-share
component must be adopted into the five-year capital improvements schedule
of the comprehensive plan or the long-term schedule of capital improvements
for an adopted long-term concurrency management system at the next annual
capital improvements element update.
(3) Any improvement project proposed to meet the developer's fair-share obligation
must meet design standards of the County for locally maintained roadways and
those of the FOOT for the state highway system.
e. Intergovernmental Coordination
Pursuant to the intergovernmental coordination policies of the County's
Comprehensive plan and relevant policies of the South Florida Regional Planning
Council's Regional Plan for South Florida, the County shall coordinate with affected
jurisdictions, including FDOT, regarding mitigation to impacted facilities not under
the jurisdiction of County. An interlocal agreement may be established with other
affected jurisdictions for this purpose.
f. Application Process
(1) Upon notification of a lack of capacity to satisfy transportation concurrency, the
applicant shall also be notified in writing of the opportunity to satisfy
transportation concurrency through the Proportionate Fair-Share Program
pursuant to the requirements of subsection ct.
(2) Prior to submitting an application for a proportionate fair-share agreement, a pre-
application meeting shall be held to discuss eligibility, application submittal
requirements, potential mitigation options, and related issues. If the impacted
facility is on h'1e Strategic Intermodal System (SIS), then the FDOT will be
notified and invited to participate in the pre-application meeting.
(3) Eligible applicams shall submit an application to the County that includes, but is
not limited to, an application fee and the following:
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(a) Name, address and phone number of land owner(s), developer and agent;
(b) Property location, including parcel identification numbers;
(c) Legal description and survey of property;
(d) Project description, including type, intensity and amount of development;
(e) Phasing schedule, if applicable;
(f) Description of requested proportionate fair-share mitigation methodes); and
(g) Copy of concurrency application.
(4) The County's Planning Director shall review the application and certify that the
application is sufficient and complete within 10 business days, If an application is
determined to be insufficient, incomplete or inconsistent with the general
requirements of the Proportionate Fair-Share Program as indicated in Section d,
then the applicant will be notified in writing of the reasons for such deficiencies
within 10 business days of submittal of the application. If such deficiencies are
not remedied by the applicant within 30 days of receipt of the written notification,
then the application will be deemed abandoned. The BOCC may, in its discretion,
grant an extension of time not to exceed 60 days to cure such deficiencies,
provided that the applicant has shown good cause for the extension and has taken
reasonable steps to effect a cure.
(5) Pursuant to s1633180(l6) (e), F.S., proposed proportionate fair-share mitigation
for development impacts to transportation facilities on U.S. 1 requires the
concurrency of the FDOT. The applicant shall submit evidence of an agreement
between the applicant and the FDOT for inclusion in the proportionate fair-share
agreement.
(6) When an application is deemed sufficient, complete, and eligible, the applicant
shan be advised in writing and a proposed proportionate fair-share obligation and
binding agreement will be prepared by the County or the applicant with direction
from the County and delivered to the appropriate parties for review, including a
copy to the FDOT for any proposed proportionate fair-share mitigation on U.S. 1,
no later than 60 days from the date at which the applicant received the notification
of a sufficient application and no fewer than 14 days prior to the BOCC meeting
when the agreement will be considered.
(7) The County shall notify the applicant regarding the date of the BOCC meeting
when the agreement will be considered for final approval. No proportionate fair-
share agreement will be effective until approved by the BOCC
g. Determining Proportionate Fair-Share Obligation
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(1) Proportionate fair-share mitigation for concurrency impacts may include, without
limitation, separately or collectively, private funds, contributions of land, and
construction and contribution of facilities.
(2) A development shan not be required to pay more than its proportionate fair-share.
The fair market value of the proportionate fair-share mitigation for the impacted
facilities shall not differ regardless of the method of mitigation, pursuant to
1633180 (16) (e), F.S.
(3) The methodology used to calculate an applicant's proportionate fair-share
obligation shall be as provided for in Section 163.3180 (12), F. S., as follows:
The cumulative number of trips from the proposed development expected to reach
roadways during peak hours from the complete build out of a stage or phase being
approved, divided by the change in the peak hour maximum service volume
(MSV) of roadways resulting from construction of an improvement neeessary to
maintain the adopted LOS, multiplied by the construction cost, at the time of
developer payment, of the improvement necessary to maintain the adopted LOS;
OR
Proportionate Fair-Share = L:[[(Development Tripsi) / (SV Increasei)] x Costi]
Where:
Development Tripsj = Those trips from the stage or phase of development under
review that are assigned to roadway segment "i" and have
triggered a deficiency per the CMS;
SV Increase; :::::
Service volume increase provided by the eligible
improvement to roadway segment "i" per section d~
Costj :::::
Adjusted cost of the improvement to segment "i", Cost
shall include all improvements and associated costs, such
as design, right-of-way acquisition, planning, engineering,
inspection, and physical development costs directly
associated with construction at the anticipated cost in the
year it will be incurred.
(4) For the purposes of determining proportionate fair-share obligations, the County
shall determine improvement costs based upon the actual cost of the improvement
as obtained from the eIE or the FDOT Work Program. Where such information
is not available. improvement cost shall be determined using one of the following
methods:
(a) An analysis by the County of costs by cross section type that incorporates data
from recent projects and is updated and approved by the BOCC. In order to
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accommodate increases in construction material costs, project costs shall be
adjusted by an inflation factor; or
(b) The most recent issue of FDOT Transportation Costs, as adjusted based upon
the type of cross-section (urban or rural); locally available data from recent
projects on acquisition, drainage and utility costs; and significant changes in
the cost of materials due to unforeseeable events. Cost estimates for state road
improvements not included in the adopted FDOT Work Program shall be
determined using this method in coordination with the FDOT District.
(5) If the County has accepted an improvement project proposed by the applicant,
then the value of the improvement shall be determined using one of the methods
provided in this section.
(6) If the County has accepted right-of-way dedication for the proportionate fair-share
payment, credit for the dedication of the non-site related right-of-way shall be
valued on the date of the dedication at 120 percent (120%) of the most recent
assessed value by the Monroe County property appraiser or, at the option of the
applicant, by fair market value established by an independent appraisal approved
by the County and at no expense to the County. The applicant shall supply a
drawing and legal description of the land and a certificate of title or title search of
the land to the County at no expense to the County. If the estimated value of the
right-of-way dedication proposed by the applicant is less than the County
estimated total proportionate fair-share obligation for that development, then the
applicant must also pay the difference. Prior to purchase or acquisition of any real
estate or acceptance of donations of real estate intended to be used for the
proportionate fair-share, public or private partners should contact the FDOT for
essential information about compliance with federal law and regulations.
h. Impact Fee Credit for Proportionate Fair-Share Mitigation
(1) Proportionate fair-share contributions shall be applied as a credit against impact
fees to the extent that all or a portion of the proportionate fair-share mitigation is
used to address the same capital infrastructure improvements contemplated by the
County's impact fee ordinance.
(2) Impact fee credits for the proportionate fair-share contribution will be determined
when the transportation impact fee obligation is calculated for the proposed
development. Impact fees owed by the applicant will be reduced per the
Proportionate Fair-Share Agreement as they become due per the County Impact
Fee Ordinance. If the applicant's proportionate fair-share obligation is less than
the development's anticipated road impact fee for the specific stage or phase of
development under review, then the applicant or its successor must pay the
remaining impact fee amount to the County pursuant to the requirements of the
County impact fee ordinance.
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(3) Major projects not included within the Countyt's impact fee ordinance or created
under Section d. (2) (a) and (b) which can demonstrate a significant benefit to the
impacted transportation system may be eligible at the County's discretion for
impact fee credits.
(4) The proportionate fair-share obligation is intended to mitigate the transportation
impacts of a proposed development at a specific location. As a result, any road
impact fee credit based upon proportionate fair-share contributions for a proposed
development cannot be transferred to any other location unless provided for
within the local impact fee ordinance,
i. Proportionate Fair-Share Agreements
(1) Upon execution of a proportionate fair-share agreement the applicant shall receive
a County certificate of concurrency approval. Should the applicant fail to apply
for a development permit within 12 months or timeframe provided in the local
CMS of the execution of the Agreement, then the Agreement shall be considered
null and void, iliid the applicant shall be required to reapply.
(2) Payment of the proportionate fair-share contribution is due in full prior to
issuance of the final development order or recording of the final plat and shall be
non-refundable. If the payment is submitted more than 12 months from the date
of execution of the Agreement, then the proportionate fair-share cost shall be
recalculated at the time of payment based on the best estimate of the construction
cost of the required improvement at the time of payment, pursuant to subsection g
and adjusted accordingly.
(3) All developer improvements authorized under this ordinance must be completed
prior to issuance of a development permit, or as otherwise established in a binding
agreement that is accompanied by a security instrument that is sufficient to ensure
the completion of all required improvements. It is the intent of this section that
any required improvements be completed before issuance of building permits or
certificates of occupancy.
(4) Dedication of necessary right-of-way for facility improvements pursuant to a
proportionate fair-share agreement must be completed prior to issuance of the
final development order or recording of the final plat
(5) Any requested change to a development project subsequent to a development
order may be subject to additional proportionate fair-share contributions to the
extent the change would generate additional traffic that would require mitigation.
(6) Applicants may submit a letter to withdraw from the proportionate fair-share
agreement at any time prior to the execution of the agreement. The application
fee and any associated advertising costs to the County will be non refundable,
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(7) The County may enter into proportionate fair.share agreements for selected
corridor improvements to facilitate collaboration among multiple applicants on
improvements to a shared transportation facility.
J. Appropriation of Fair-Share Revenues
(1) Proportionate fair.share revenues shall be placed in the appropriate project
account for funding of scheduled improvements in the County CIE, or as
otherwise established in the terms of the proportionate fair-share agreement At
the discretion of the County, proportionate fair. share revenues may be used for
operational improvements prior to construction of the capacity project from which
the proportionate fair. share revenues were derived. Proportionate fair-share
revenues may also be used as the 50% local match for funding under the FOOT
TRIP.
(2) In the event a scheduled facility improvement is removed from the CIE, then the
revenues collected for its construction may be applied toward the construction of
another improvement within that same corridor or sector that would mitigate the
impacts of development pursuant to the requirements of Subection d (2)(b).
\\Ihere &.'1 impacted regional facility has been designated as a regionally
significant transportation facility in an adopted regional transportation plan as
provided in Section 339.155, F.S., and then the County may coordinate with other
impacted jurisdictions and agencies to apply proportionate fair-share contributions
and public contributions to seek funding for improving the impacted regional
facility under the FDOT TRIP. Such coordination shall be ratified by the County
through an interlocal agreement that establishes a procedure for earmarking of the
developer contributions for this purpose,
(3) Where an applicant constructs a transportation facility that exceeds the applicant's
proportionate fair~share obligation calculated under Section g. the County shall
reimburse the applicant for the excess contribution using one or more of the
following methods:
(a) An impact fee credit account may be established for the applicant in the
amount of the excess contribution, a portion or all of which may be assigned
and reassigned under the terms and conditions acceptable to the County.
(b) An account may be established for the applicant for the purpose of
reimbursing the applicant for the excess contribution with proportionate fair-
share payments from future applicants on the facility.
(c) The County may compensate the applicant for the excess contribution through
payment or some combination of means acceptable to the County and the
applicant.
k. Cross Jurisdictional Impacts
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(1) In the interest of intergovernmental coordination and to reflect the shared
responsibilities for managing development and concurrency, the County may
enter an agreement with one or more adjacent local governments to address cross
jurisdictional impacts of development on regional transportation facilities. The
agreement shall provide for application of the methodology in this section to
address the cross jurisdictional transportation impacts of development
(2) A development application submitted to the County subject to a transportation
concurrency determination meeting all of the following criteria shall be subject to
this section:
(a) All or part of the proposed development is located within a segment of the
Traffic Impact Area which is under the jurisdiction, for transportation
concurrency, of an adjacent local government; and
(b) Using its own concurrency analysis procedures, the County concludes that the
additional traffic from the proposed development would use five percent (5%)
or more of the reserve speed of a regional transportation facility within the
concurrency jurisdiction of the adjacent local government "impacted regional
facility"; and
(c) The impacted regional facility is projected to be operating below the level of
service standard, adopted by the adjacent local government, when the traffic
from the proposed development is included.
(3) Upon identification of an impacted regional facility pursuant to subsection k
(2)(a)-(c). the County shall notify the applicant and the affected adjacent local
government in writing of the opportunity to derive an additional proportionate
fair-share contribution, based on the projected impacts of the proposed
development on the impacted adjacent facility.
(a) The adjacent local government shall have up to ninety (90) days in which to
notify the County of a proposed specific proportionate fair-share obligation,
and the intended use of the funds when received. The adjacent local
government must provide reasonable justification that both the amount of the
payment and its intended use comply with the requirements of Section
1633180(16), ES. Should the adjacent local government decline
proportionate fair-share mitigation under this section, then the provisions of
this section would not apply and the applicant would be subject only to the
proportionate fair share requirements of the County.
(b) If the subject application is subsequently approved by the County, the approval shall
include a condition that the applicant provides, prior to the issuance of any building
permit covered by that application, evidence that the proportionate fair-share
obligation to the adjacent local government has been satisfied. The County may
require the adjacent local government to declare, in a resolution, ordinance, or
equivalent document, its intent for the use of the concurrency funds to be paid by the
applicant.
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Section 4. Severability. The provisions of this Ordinance are declared to be severable
and if any section, sentence, clause or phrase of this Ordinance shall for any reason be
held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 5. Repeal of Conflicting Provisions. The provisions of the Monroe County
Code and all Ordinances or parts of Ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Section 6. Inclusion in the Code. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances of Monroe County, Florida as an addition or
amendment thereto, and shall be appropriately numbered to conform to the uniform
number system of the Code.
Section ,. Approval by the State Department of Community Affairs. The provisions
of this Ordinance constitute a "land development regulation" as State law defines that
term. Accordingly, the Monroe County Clerk is authorized to forward a copy of this
Ordinance to the State Department of Community Affairs for approval pursuant to
Sections 380.05(6) and (11). Florida Statutes.
Section 8. Effective Date. This Ordinance shall be effective immediately upon approval
by the State Department of Community Mfairs pursuant to Chapter 380., Florida
Statutes.
PASSED AND ADOPTED by the Monroe County Board of County Commissioners at a
regular meeting held on the 15th day of November, 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner Mario Di Gennaro
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
BY
Mayor Charles "Sonny" McCoy
~"^^"~/ rs
Assistant County ftttorney
DATE: / (; 2-/0 (
A T'TEST: DANNY KOLHAGE, CLERK
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MEMORANDUM
MONROE COUNTY PLANNING DEPARTMENT
TVe strive to hefriend~y. professional andfair
STAFF REPORT
TO:
THE BOARH OF COUNTY COMMISSIONERS
FROM:
CLARENCE FEAGIN, Ph.D., AICP, SENIOR PLANNER
THROUGH: JOSE PAPA, AICP, COMPREHENSIVE PLANNING MANAGER
RE: A PUBLIC HEARING TO CONSIDER AN ORDINANCE
AMENDING THE MONROE COUNTY COIlE BY CREATING
SECTION 9.5-491.1, TO PROVIDE FORPROI)ORTIONA TE FAIR-
SHARE MITIGATION OF DEVELOPMENT IMPACTS ON
TRANSPORTA TIONF ACILITIES.
MEETING HATE: November 15,2006
I.
1
2
3 The adoption of this ordinance fulfills a State requirement, in accordance with a 2005
4 amendment to Florida's growth management legislation which mandates local
5 governments to enact concurrency management ordinances by December I, 2006,
6 allowing for "proportionate share" contributions from developers to go toward
7 maintaining concurrency requirements (Chapter163.3180 (16), F.S.). The intent of the
8 proportionate fair-share ordinance is to provide developers an oppOIiunity to proceed
9 under certain conditions, in spite of the failure of transportation conculTency, by
10 contributing their share of the cost of improving the impacted transportation facility.
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BACKGROUND:
12 A.
Characteristics of the Proportionate Fair Share Ordinance.
(i) This does not replace impact fees. However, Proportionate fair-share
contributions made by a developer shall be applied as a credit against the
County's impact fees to the extent that all or a portion of the developers
fair share contribution for mitigation is used to address the same capital
improvements contemplated in Monroe County's impact fee ordinance.
Proportionate Fair Share contributions made by a developer are to mitigate
impacts to concurrency, 'vvhich result when the proposed development
degrades level of service standards below the adopted threshold of service.
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(ii) No mitIgation or fair share contribution is necessary, if the proposed
development does not cause a transportation facility to fall below the
adopted level of service standard.
(iii) Funds collected from fair share contributions that go toward mitigating the
impacted transportation facility will be deposited into the accounts that
fund the facility in the County's 5 Year Schedule of Capital Improvcment
Projects (CIP). The transportation facility impacted by development does
not need to be identified as having a concurrency problem or in the 5 Year
CIP at the time of application. If the transportation facility is not in the
current 5 Year Schedule of Capital Improvement Projects, then it will be
added to the next year's CIP when the comprchensive plan is amended.
(iv) Thc developer's proportionate share of the cost to improvc an impacted
roadway segment is based on the improvement cost obtained from the 5
year CIP or theFDOT Work Program for that pm1icular road segment.
(v) A developer's proportionate share of the cost of improving the impacted
transportation facility may be in the form of private funds, contributions of
land, or the construction and contribution of a transportation facility to the
County.
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H.
ANALYSIS
A.
County requirements for changes to the land development regulations.
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Article XI of Chapter 9.5 sets forth the requirements Jar amending the text of the land
development regulations. Specifically, Sec. 9.5-511 (d)(5)b sets forth six (6) criteria for
amending the land development regulations, at least one of which must be met. Three (3)
of the six (6) criteria support the proposed amendment; (iv) Nell' Issues and (v)
Recognition ofa needfbr additional detail and comprehensiveness.
(iv) New Issues:
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New State legislation was passed in 2005 that mandates local governments to adopt an
Ordinance allowingior Proportionate Fair-Share Mitigation of Development Impacts of
transportation facilities. Pursuant to Senate Bill 360 as found in Chapter] 63.3180(16)
Florida Statutes; (a) By December 1, 2006, each local government shall adopt by
ordinance a methodology f()f assessing prop0l1ionate fair-share mitigation options. By
December 1, 2005, FDOT shall develop a model transportation concurrency management
ordinance with methodologies for assessing proportionate fair-share mitigation options;
and (b) In its transportation Concurrency Management System (CMS), a local
government shall, by December L 2006, include methodologies that will be applied to
calculate proportionate fair-share mitigation.
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(v) Recognition qla need/hI' additional detail and comprehensiveness:
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The Proportionate Fair-Share Ordinance aids implementation of Monroe County's capital
improvements planning by linking developer contributions, resulting from mitigating
impacts to transportation level of service standards, to transportation projects in the
County's 5 Y car Schedule Capital Improvements projects. The Proportionate Fair-Share
ordinance implements concurrency management policies of the Comprehensive Plan by
giving developers the opportunity to satis1)' transportation concurrency requirements by
contributing their share of the cost of improving the impacted transportation facility.
Moreover, the Proportionate Fair-Share Ordinance strengthens Monroe County's capital
improvements planning by linking developer contributions to transportation projects
listed in the County's capital improvement plan.
....
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B. Consistency with the 2010 Comprehensive Plan.
The Proportionate Fair-Share Ordinance is consistent with the following policies in the
Monroe County 2010 Comprehensive Plan:
Capital Improvements Element:
Objective 1401.3
lvlonroe County shall ensure thatii/ture development pays its proportionate share (?f the
costs of improvements necessary to serve new development at the adopted level (?fservice
standards. [9J-5.0 16(3)(b )4]
Policy 1401.3.1
By Janumy 4. 1997. fHonroe Coun{.y shall adopt Land Development Regulations
'1'hich revise and update the Coun(v's current expenditure procedures and
proportionalfair-share assessment of impact fees. in accordance with the
adopted levels of service referenced in Policy 1401.4.1. Ihe revised Land
Development Regulations shall also include provisionsf()l' the collection of
impact fees to f?tl\'et the public costs (?fpublicfacilities and services. [9J-
5.016(3)( c )8]
Policy 1401.4.4
Publicfadlities and services needed to support development shall be available
concurrent with the impacts qldevelopment, in accordance with the adopted
levels of service referenced in Polh}' 1401.4, I and {'hapter 9J-5.0055, F.A.C'.
Development approval nwy be phased 10 allow the provision (d'tntblicfacilities
and services necessary to maintain the adopted levels olservice. [9J-
5.016(3)(c)6]
Policy 1401.4.5
f\4onroe C'ollntv hereby adopts a Concurrency A1anagemem S:Vsrem to ensure that
facilities and services needed to support development are available concurrent
~vith the impact oldevelopmem. the {'oncurrencyAlanagement Svstem shall
ensure that the County shall issue no development order or permit which results
in a reduction in the level of service (LOS) below rhe adopted LOS standards
rej"erenced in Polic~v 1401A.lf()r those public facilities that are subject to the
system. The guidelines established in Policies 1401.4.6. 140lJ 7, 1401.4.8,
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1401.4.9, and 1401.4.10 shall ensure that concurrenq is successfitlly
implemented.
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4J>olicy 1401.4.7
5 Thefhl101ving guidelines identify the eflect ofa concurrency determination.
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7 1. A C'onditional ('oncllrrency Determination shall indicate that adequate
8 public facilities are available at the time the determination is issued, but
9 shall not guarantee the adequa(:v or availabili(F oj' public facilities at
] 0 subsequent stages (~fdevelopment review.
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] 2 ) A Final C'oncurren(y Determination shall indicate that adequate public
] 3 fetcilities ~wil! be available at all subsequent stages oj development stages oj
14 development review, subject to certain limitations such as elapsed time and
15 the pCfevment oliees.
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] 7 Intergovernmental Coordination Element:
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19 Policy 1301.3.2
20 Afonroe Count}. shall, through its development review proces.<,', consider the
21 impacts of proposed developmems on the LOS standardS' (?ladjacent local
22 governments and the ('ounties (iDade and {'ollieI'. [9J-5,015(3)(c)5]
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Policy 1301.3.3
As part of the planning process, ivlonroe {'oun(v shall consider the impacts (~f
projected development on the comprehensive plans ofincOI]Jorated communities
within the C'ounty. [9J-5.0] 5(3)(c)7]
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Policy 1301.3.4
By Januar}' 4. 1997, i\40nroe ('ounty shall initiate an interlocal agreement wilh
Dade COlln~y to evaluate the impact qjdevelopment on levels o(service within
one ,nile (?f C'oun(y borders, ensure concurrency and assess impact on existing
and proposed land use. [9J-5.0 15(3 )(c)5]
c.
Public Welfare Issues.
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37 Whereas the maintenance of transportation facilities are of local, state, and national
38 interest, Monroe County has adopted concurrency management policies to promote the
39 general welfare of its populace by protecting levels of service standards, and ensuring
40 that the impacts of development are concurrent with the availability and capacity of
41 public infrastructure. The Proportionate Fair-Share Mitigation Ordinance implements
42 those policies of the Comprehensive Plan which are designed to preserve transportation
43 levels of service for the welfare of the general public. The ordinance is consistent with
44 the Principles fl.)r Guiding Development in the Florida Keys Area of Critical State
45 Concern as a whole and is not inconsistent with any principle. Specifically, the adoption
46 of the Proportionate Fair-Share Mitigation Ordinance furthers:
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48 Principle (I) To protect the puhlic health sqfety, and H.e(fttre of the citizens (~lthe Florida
49 Keys and maintain the Florida Keys as a unique Florida resource, and
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1 Principle (h); To protect the value, efficiency, cost-effectz-veness, and amortized life (~r
2 existing and proposed mqjorpublic investments, including; 5. Transportationf(1cilities.
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D. Benefits to Property Owners:
The proportionate fair-share ordinance is a pay-as-you-go method to pay fDr
transportation improvements \vhich will allow for commercial and residential
development projects to proceed, without waiting for capital improvements funding from
traditional sources to alleviate deficiencies in level of service.
Ill. PROPOSEI> REVISION:
A text amendment to the Monroe County code to create section 9.5-491. L to provide for
proportionate fair-share mitigation of development impacts on transportation facilities.
IV. CONCLUSIONS:
1. The proposed text amendment is consistent with Section 9.5-511 of the
Monroe County Code.
2. The proposed text amendment is in the interest of public welfare.
3. The proposed text amendment is consistent with and furthers the policies of
the Monroe County Year 2010 Comprehensive Plan.
4. 1'he proposed text amendment is consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern as a whole,
and is not inconsistent with any principle.
V. RECOMMENOATION:
Staff recommends approval.
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MEMORANDUM
MONROE COUNTY PLANNING DEPARTMENT
We strive to befriendZv, professional am/fair
To:
The Monroe County Board of County Commissioners
From:
Clarence Feagin, Ph.D., AICP, Senior Planner
Through:
Jose Papa, AICP, Comprehensive Planning Manager
Date:
October 13. 2006
Meeting Date: November IS, 2006
RE:
LDR Text Amendment to Adopt 'Transportation Proportionate Share
Mitigation Option:
at
I contacted Clark Turner, Administrator of the Florida Keys Area of Critical State Concern,
and asked him the questions below, He said we would be in non-compliance if we didn't
adopt this amendment, and suggested J speak to the transportation planner regarding the
questions raised by the Planning Commision, as she is DCA's lead person for the
Transportation Prop Share Program,
1, Section d. General Requirements (2)(a); Can the County opt to not have the
provision to add a road improvement project to the next annual update of the CIP that
wouJd alleviate a deficient roadway segment caused by a proposed development?
No, We need to this
want to 8 into tne
it has to be consistent with the comp
and be the PC and BOCe
but it's up to the
We can't be to do
feasible for the
if
2. Section b, Applicability (3); Can the County delete "may include public funds as
determined by the local government" from what is induded as mitigation options?
noticed in FS 1633180(c) thatthis language is verbatim from the statute.
ltj~, Ifs But /(s
funds. li\t'e amn 'f
as to whet/ler want to use
it's at our ctiscmtlon
3. Section h. Impact fee credit for Proportionate Fair Share Mitigation: Can the County
opt not to have a provision that would allow mitigation fees to be applied as a credit
against transportation impact fees?
No. Vou cannot double
the fee<
for
The
must be subtracted from
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4.
Section j. Appropriation of Fair-Share Revenues; Can the County opt not to have a
provision requiring reimbursement to a developer who pays more than what they are
obligated to pay because, for example, a road improvement project in the CIP that is
later removed from the C1P and not completed, or where a developer constructs a
transportation facility for the County that exceeds their proportionate fair share
mitigation obligation?
No. 'YOU have to reimburse the
to.
if
pay more than what
are
5,
Can Monroe County be exempt from the State mandate and statutory requirement to
adopt a Transportation Proportionate Fair Share Mitigation Ordinance?
No. All Cities and
does not
to do this.
in a
are
Area H
anyone
6.
Inconsistency with Policy 1401.4.5?
Amend like this: added lan2ua2e underlined
Alonroe Counzv herebJ.' adopts a ('ol1currenq' i'v/anagelnent ,~vstem to ensure that
fi:lcilities and services needed to support development are aWli!ahle concurrent
with the impact (!l development. The Concurrency j'v/anagement ,~vstem shall
ensure that the County shall issue no development order or permit which results
in a reduction in the level of service (LOS) belm.v the adopted L05,' standard,'
refereJ1(.'ed in Polic}' 1401. 4.1 fi)]' those public facilities that are su~iect to the
s:vstem, unless there is an aureement between a developer and the County
to mitiuate their proportionate fair share of impacts to tlte improved
transportation facilitv adOPted in tlte CIP. TIle guidelines established in
Policies 1401.4.6. 1401.4.7, 1401.4.8. 1401.4.9. and 1401.4.10, L1J)j.3.{ shall
ensure that concurrencv is succes'51iilly implemented
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PLANNING COMMISSION RESOLUTION NO. P40-06
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING THAT THE BOCC AMEND THE
MONROE COUNTY CODE BY CREATING A NEW SECTION 9.5-491.1
PROPORTIONA TE FAIR-SHARE MITIGATION OF DEVELOPMENT
1M}) ACTS ON TRANSPORT A TIONFACILITIES
WHEREAS: Pursuant to Chapter 163.3180(l6)ta)F.S., by December 1,2006 each local
government is mandated to adopt by ordinance a methodology for assessing proportionate
fair-share mitigation options tor impacts on transportation facilities; and
WHEREAS: The Monroe County Planning Commission finds and determines that
transportation capacity is a commodity that has a value to both the public and private
sectors and that the County's Proportionate Fair-Share Program:
I. Provides a method by which the impacts of development on transportation
fucilities can be mitigated by the cooperative efforts of the public and private
sectors; and
2. Allows developers to proceed under ce11ain conditions, notwithstanding
the failure of transportation concurrency, by contributing their proportionate filir-
share of the cost of a transportation facility; and
(j;'j3. Contributes to the provision of adequate public facilities for future growth
and promotes a strong commitment to comprehensive facilities planning, thereby
reducing the potential for moratoria or unacceptable levels of traffic congestion;
and
4. Maximizes the use of public funds for adequate transportation fucilities to
serve future grmvth, and may, in certain circumstances, allow the County to
expedite transportation improvements by supplementing funds currently allocated
for transp0l1ation improvements in the Capital Improvements Element (CTE) of
the Monroe County 2010 Comprehensive Plan; and
5. Is consistent with 9163.3180(16), F.S., and supports the tollowing policies in the
Monroe County 2010 Comprehensive Plan: Intergovernmental Coordination
Element Policies 1301.3.2, 130L3.3, and 1301.3.4; and Capital Improvements
Element Objectives and Policies 1401.3, 1401.3. L ] 401.4.4, 1401.4.5, and
140] .4.7: and
6. Is consistent with the Principles for Guiding Development in the Florida
Keys Area of Critical State Concern as a 'Vvhole, and is not inconsistent with any
Principle, and furthers Principle (h); To protect the value, efficiency. cost-
Page 1 of 12
effectiveness. and amortized l(le oj' eXistmg and proposed major public
investments, including: 5. Transportationfacilities.
NOW THEREFORE BE IT RESOLVED BY THE MONROE COUNTY
PLANNING COMMISSION THAT:
Section 1. The preceding findings of fact and conclusions oflaw support its decision to
recommend that the BOCC amend the text of the Monroe County Code by creating
SECTION 9.5-491. I PROPORTIONATE FAIR~SHARE MIT'IGATION OF
DEVELOPMENT IMPACTS ON TRANSPORTATION FACILITIES.
Section 2. Text Amendment. Section 9.5-490.1 of the Monroe County Land
Dcvelopment Regulations is hereby created to read as follows:
Section 9.5-49 L 1 Proportionate fair-share mitigation of development impacts on
transportation facilities.
a. Purpose and Intent:
(1) The purpose of this ordinance is to establish a method whereby the impacts of
development on transportation facilities can be mitigated by the cooperative
efforts of the public and private sectors, to be known as the Proportionate Fair-
Share Program, as required by and in a manner consistent with S 163.3] 80(16),
F.S.
b. Applicability:
(l) The Proportionate Fair-Share Program shall apply to all developments in
Monroe County that have been notified of a lack of capacity to satisfY
transportation concurrency on a transportation facility in the County's Concurrency
Management System (CMS), including transportation facilities maintained by
FDOT or another jurisdiction that are relied upon for concurrency determinations,
pursuant to the requirements of Section e.
(2) Proportionate fnir-share mitigation shall be applied as a credit against impact fees
to the extent that all or a portion of the proportionate fair-share mitigation is used
to address the same capital infrastructure improvements contemplated by Monroe
County" s impact fee ordinance.
(3) Proportionate fair-share mitigation includes, without limitation, separately or
collectively, private funds, contributions of land, and construction aJld
contribution of facilities and may include public funds as determined by the local
government. The titir market value of the proportionate fair-share mitigation shall
not differ based on the form of mitigation. A local government may not require a
development to pay more than its proportionate f-air-share contribution regardless
of the method of mitigation.
(4) The Proportionate Fair-Share Program does not apply to developments of regional
impact (DRls) using proportionate fair-share under ~1633180(l2),F.S., orto
Page 2 or [2
developments exempted irom concurrency as provided in Chapter 163.3180, F .S..
regarding exceptions and de minimis impacts.
c. Definitions
The words and phrases used herein shall have the meaning prescribed by the Monroe
County Land Development Regulations, except as indicated below:
Applicant or Developer or Owner means any individual, corporation, business trust,
estate trust, partnership, association, two or more persons have a joint or common
interest governmental agency, or any other legal entity, which has submitted an
Application for A Fair Share Agreement and/or who desires to participate in the Fair
Share Program.
Application means an application presented to the County containing the
information required pursuant to this Ordinance.
BOCC' means the Monroe County Board of County Commissioners.
Capital Improvemems Element (CIE) means the element of the Comprehensive
Plan adopted pursuant to Chapter 163 (Part II), Florida Statutes, vv'hich is based on
the need for public facilities as identified in the other Comprehensive Plan
elements and as defined in the applicable detinitions tor each type of public
facility, which estimates the cost of improvements for which the local government
has fiscal responsibility, which analyzes the fiscal capability of the local
government to finance and construct improvements, which adopts financial
policies to guide the funding of improvements, and which schedules the funding
and construction of improvements in a manner necessary to ensure that capital
improvements are provided when required based on needs identified in the other
adopted Comprchensive Plan elements.
C'oncurrenq means that the necessary public facilities and services to maintain
the adopted level of service standards are available when the impacts of
development occur.
Concurrency ('oordinalOr means the Director of the Monroe County Planning and
Environmental Resources Department or his or her designee.
Concurrency Management :'{ystem (C'MS) means the procedures and/or processes
utilized by the County to assure that final development orders and tinal
development permits arc not issued unless the necessary public facilities to
support the development are available concurrent with the impacts of
development. The requirements of the Concurrency Management System arc
provided tor in Policies 1401.4.5, 1401.4.6, 1401.4.7,1401.4.8, and 1404.9 of the
Capital Improvements Element of the Monroe County 2010 Comprehensive Plan.
Page 3 of 12
County means Monroe County County, Florida.
Department is the Monroe County Planning and Environmental Resources
Department
Deficient Roadlva:v means a roadway or segment on the Roadway Network which
is within the Traffic Impact Area of a proposed development, \vhich development
(1) would cause the LOS standard for the afTected roadway or segmcnt to fall
below the minimum accepted level as determined under the County's
Concurrency Management System, or (2) has an impact on travel or delay time on
an existing Deficient Roadway. Deficient roadways also include roadways
designated as constrained or backlogged.
Future Ij'ansportation Alap is the map(s) within the Map Atlas/Document
adopted in the Monroe County Comprehensive Plan, as the same may be amended
from time to time, indicating all freeways, arterial and collector roadways which
will provide for adequate traffic circulation within its planning period.
Impacted Road Segment means any road segment or link on the Roadway
Network that is wholly or partially within the project's traffic impact area.
Road~vay Netlvork means an interconnected system of frceway, arterial and
collector roads identified by the County in its Comprehensive Plan and
Concurrency Management System for which the Level Of Service standards must
be maintained.
Traffic Impact .Area of a particular development is determined by a traffic study,
in coordination with the County Traffic Engineer, from each of the overall
development's entrancc/connections to a roadway external to the development. If
there are no roadways or scgments on the Roadway Network within the defined
area, the traffic impact area shall encompass the nearest roadway or link on the
Roadway Network.
Transportation ('oncllrrency means that the necessary public facilitics and
services to maintain the applicable Level of Service standards for road facilities
adopted in Policies 301.1.1 and 301.1.2 of the Monroe County 2010
Comprchensivc Plan are available when the impacts of developn1ent occur.
d. General Requirements
( I) An applicant may choose to satisfy the transportation concurrency requirements
of the County by making a proportionate fair-share contribution, pursuant to the
following requirements:
(a) The proposed development is consistent with the comprehensive plan and
applicable land development regulations.
Page 4 of 12
(b) The five-year schedule of capital improvements in the County's Capital
Improvements Element (CIE) or the long~term schedule of capital improvements
for an adopted long-term CMS includes a transportation improvement(s) that,
upon completion, will satisfY the requirements of the County transportation CMS.
The provisions of Section d. (2) may apply if a project or projects needed to
satisfy concurrency are not presently contained within the local government CIE
or an adopted long-term schedule of capital improvements.
(2) The County may choose to allow an applicant to satisfy transportation
concurrency through the Proportionate Fair-Share Program by contributing to an
improvement that, upon completion, will satisfY the requirements of the County
transportation CMS, but is not contained in the five-year schedule of capital
improvements in the CIE or a 10ng- term schedule of capital improvements for an
adopted long-term CMS, where the tollowing apply:
(a) The County adopts, by resolution or ordinance, a commitment to add the
improvement to the five-year schedule of capital improvements in the CIE or
long-term schedule of capital improvements tor an adopted long-term CMS no
later than the next regularly scheduled update. To qualifY for consideration
under this section, the proposed improvement must be reviewed by the
appropriate County depat1ment(s), and determined to be financially feasible
pursuant to S163.3180(l6) (b) 1, F.S., consistent with the comprehensive plan,
and in compliance with the provisions of this ordinance. Financial feasibility
for this section means that additional contributions, payments or funding
sources are reasonably anticipated during a period not to exceed 10 years to
fully mitigate impacts on the transportation facilities.
(b) If the funds allocated fur the five-year schedule of capital improvements in the
County CIE are insutlicient to fully fund construction of a transportation
improvement required by the CMS, the County may still enter into a binding
proportionate fair~share agreement with the applicant authorizing construction of that
amount of development on which the proportionate fair-share is calculated if the
proportionate fair-share amount in such agreement is sufficient to pay tor one or more
improvements which will, in the opinion of the governmental entity or entities
maintaining the transportation facilities, significantly benefit the impacted
transportation system.
(c) The improvement or improvements funded by the proportionate fair-share
component must be adopted into the five-year capital improvements schedule
of the comprehensive plan or the long-term schedule of capital improvements
flJr an adopted long-term concurrency management system at the next annual
capital improvements element update.
(3) Any improvement project proposed to meet the developer's fair-share obligation
must meet design standards of the County tor locallv maintained roadways and
f-,.-' ...- ~i '"'"
those of the FOOT for the state highway system.
Page 5 of]2
e. Intergovernmental Coordination
Pursuant to the intergovernmental coordination policies of the County's
Comprehensive plan and relevant policies of the South Florida Regional Planning
Council's Regional Plan for South Florida, the County shall coordinate with affected
jurisdictions, including FDOT, regarding mitigation to impacted facilities not under
the jurisdiction of the local government receiving the application tor proportionate
fair-share mitigation. An interlocal agreement may be established with other atlected
jurisdictions tor this purpose.
f. Application Process
(J) Upon notification of a lack of capacity to satisfy transportation concurrency, the
applicant shall also be notified in \\Titing of the opportunity to satisfy
transportation concurrency through the Proportionate Fair.Share Program
pursuant to the requirements of subsection d.
(2) Prior to submitting an application for a proportionate fair-share agreement, a pre-
application meeting shall be held to discuss eligibility, application submittal
requirements, potential mitigation options, and related issues. If the impacted
facility is on the Strategic Intcrmodal System (SIS), then the FOOT will be
notified and invited to participate in the pre.application meeting.
(3) Eligible applicants shall submit an application to the County that includes. but is
not limited to, an application tee and the tollowing:
(a) Name, address and phone number of owner(s), developer and agent;
(b) Property location, including parcel identification numbers;
(c) Legal description and survey of property;
(d) Project description, including type, intensity and amount of development;
(e) Phasing schedule, if applicable;
(f) Description of requested proportionate fair-share mitigation method(s); and
(g) Copy of concurrency application.
(4) The County's Planning Director shall reviev\! the application and certi fy that the
application is sufficient and complete within 10 business days. If an application is
determined to be insufficient, incomplete or inconsistent with the general
requirements of the Proportionate Fair-Share Program as indicated in Section d,
then the applicant will bc notified in wTiting of the reasons for such deficiencies
within 10 business days of submittal of the application. If such de1kicncies are
not remedied by the applicant within 30 days of receipt of the written notification,
then the application \vil1 be deemed abandoned. The BOCC may, in its discretion,
grant an extension of time not to exceed 60 days to cure such deficiencies,
providcd that the applicant has shown good cause for the extension and has taken
reasonable steps to effect a cure.
Page 6 of 12
(5) Pursuant to S 163.3180(16) (e), F.S., proposed proportionate fair-share mitigation
for development impacts to transportation tacilities on U.S. 1 requires the
concurrency of the FDOT. The applicant shall submit evidence of an agreement
bctween the applicant and the FOOT for inclusion in the proportionate fair-share
agreement
(6) When an application is deemed sufl1cient, complete, and eligible, the applicant
shall be advised in writing and a proposed proportionate fair-share obligation and
binding agreement will be prepared by the County or the applicant with direction
from the County and delivered to the appropriate parties for review, including a
copy to the FDOT for any proposed proportionate fair-share mitigation on U.S. 1,
no later than 60 days from the date at which the applicant received the notification
of a sufficient application and no fewer than ] 4 days prior to the BOCC meeting
when the agreement wi H be considered.
(7) The County shall notify the applicant regarding the date of the BOCC meeting
when the agreement will be considered for final approval. No proportionate tair-
share agreement will be effective until approved by the BOCC
g. Detem1ining Proportionate Fair-Share Obligation
(1) Proportionate fair-share mitigation tor concurrency impacts may include, without
limitation, separately or collectively, private funds, contributions of land, and
construction and contribution of fucilities.
(2) A development shall not be required to pay more than its proportionate fair-share.
I'he fair market value of the proportionate fair-share mitigation for the impacted
facilities shall not differ regardless of the method of mitigation, pursuant to
163.3]80 (16) !f\F.S.
(3) The methodology used to calculate an applicant's proportionate fair-share
obligation shall be as provided for in Section 163.3180 (12), F. S., as follows:
'{he cumulative number of trips from the proposed development expected to reach
roadways during peak hours from the complete build out of a stage or phase being
approved, divided by the change in the peak hour maximum service volume
(MSV) of roadways resulting from construction of an improvement necessary to
maintain the adopted LOS, multiplied by the construction cost, at the time of
developer payment, of the improvement necessary to maintain the adopted LOS;
OR
Proportionate Fair-Sharc L':[[CDevelopment Tripsi)! (SV Increase,)] x Costi]
JYhere:
Development Trips; .~:: Those tfips from the stage or phase of development under
review that are assigned to roadway segment "i" and have
triggered a deficiency per the CMS:
Page 7 of 12
SV Increasej =
Service volume increase provided by the eligible
improvement to roadway segment "i" per section d;
Costj "'"
Adjusted cost of the improvement to segment "i". Cost
shall include all improvements and associated costs, such
as design, right-of-way acquisition, planning, engineering,
inspection, and physical development costs directly
associated with construction at the anticipated cost in the
year it \vill be incurred.
(4) For the purposes of determining proportionate fair-share obligations, the County
shall determine improvement costs based upon the actual cost of the improvement
as obtained from the CIE or the FOOT Work Program. Where such information
is not available, improvement cost shall be determined using one of the following
methods:
(a) An analysis by the County of costs by cross section type that
incorporates data from recent projects and is updated and approved by
the BOCC. In order to accommodate increases in construction
material costs, project costs shall be adjusted by an inflation factor; or
(b) The most recent issue of FOOT Transportation Costs, as adjusted
based upon the type of cross-section (urban or rural); locally available
data from recent projects on acquisition, drainage and utility costs: and
significant changes in the cost of materials due to unforeseeable
events. Cost estimates for state road improvements not included in the
adopted FOOT Work Program shall be determined using thi s method
in coordination with the FOOT District
(5) If the County has accepted an improvement project proposed by the applicant,
then the value of the improvement shall be determined using one of the methods
provided in this section.
(6) If the County has accepted right-of-way dedication lor the proportionate fair-share
payment, credit for the dedication of the non-site related right-of-way shall be
valued on the date of the dedication at 120 percent (120%) of the most recent
assessed value by the Monroe County property appraiser or, at the option of the
applicant, by fair market value established by an independent appraisal approved
by the County and at no expense to the County. The applicant shall supply a
drawing and legal description of the land and a certHicate of title or title search of
the land to the County at no expense to the County, If the estimated value of the
right-of-way dedication proposed by the applicant is less than the County
estimated total proportionate fair-share obligation t(1f that development, then the
applicant must also pay the difference. Prior to purchase or acquisition of any real
estate or acceptance of donations of real estate intended to be used for the
proportionate fair-share, public or private partners should contact the FDOT for
essential information about compliance with federal law and regulations.
Page 8 of 12
h. Impact Fee Credit for Proportionate Fair-Share Mitigation
(1) Proportionate fair-share contributions shall be applied as a credit against impact
fees to the extent that all or a portion of the proportionate fair-share mitigation is
used to address the same capital infrastructure improvements contemplated by the
local government's impact fee ordinance.
(2) Impact fee credits for the proportionate fair-share contribution will be determined
\vhen the transportation impact fee obligation is calculated for the proposed
development. Impact fees owed by the applicant \vill be reduced per the
Proportionate Fair-Share Agreement as they become due per thc County Impact
Fee Ordinancc. If the applicant's proportionate fair-share obligation is less than
the development's anticipated road impact fee for the specific stage or phase of
development under review, then the applicant or its successor must pay the
remaining impact fee amount to the County pursuant to the requirements of the
County impact fee ordinance.
(3) Major projects not included within the local government's impact fee ordinance
or created under Section d. (2) (a) and (b) which can demonstrate a significant
benefit to the impacted transportation system may be eligible at the local
government's discretion for impact tee credits.
(4) The proportionate fair-share obligation is intended to mitigate the transportation
impacts of a proposcd development at a specific location. As a result, any road
impact tee credit based upon proportionate fair-share contributions for a proposed
developmcnt cannot be transferred to any other location unless provided for
within the local impact fee ordinance.
i. Proportionate Fair-Share Agreements
(1) Upon execution of a proportionate fair-share agreement the applicant shall reccive
a County certificate of concunency approval. Should the applicant fail to apply
for a development permit \vithin 12 months or timeframe provided in the local
CMS of the execution of the Agreement. then the Agreement shall be considered
null and void, and the applicant shall be required to reapply.
(2) Payment of the proportionate fair-share contribution is due in full prior to
issuance of the final development order or recording of the final plat and shall be
non-refundable. If the payment is submitted more than 12 months from the date
of execution of the Agreement, thcn the proportionate fair-share cost shall be
recalculated at the time of payment based on the best estimate of the construction
cost of the required improvement at the time of payment, pursuant to subsection g
and adjusted accordingly.
(3) All developer improvements authorized under this ordinance must be completed
prior to issuance of a development permit, or as otherwise established in a binding
agreement that is accompanied by a security instrument that is sufficient to ensure
Page 9 of 12
the completion of all required improvements. It is the intent of this section that
any required improvements be completed before issuance of building permits or
certificates of occupancy.
(4) Dedication of necessary right-of-way for facility improvements pursuant to a
proportionate fair-share agreement must be completed prior to issuance of the
final development order or recording of the final plat
(5) Any requested change to a development project subsequent to a development
order may be subject to additional proportionate f1iir-share contributions to the
extent the change would generate additional traffic that would require mitigation.
(6) Applicants may submit a letter to withdraw from the proportionate fair-share
agreement at any time prior to the execution of the agreement. The application
fee and any associated advertising costs to the County will be non refundable.
(7) The County may enter into proportionate fair-share agreements for selected
corridor improvements to facilitate collaboration among multiple applicants on
improvements to a shared transportation facility.
j. Appropriation of Fair~Share Revenues
(1) Proportionate f1iir-share revenues shall be placed in the appropriate project
account for funding of scheduled improvements in the County CIE, or as
otherwise established in the terms of the proportionate fair-share agreement. At
the discretion of the local government, proportionate fair-share revenues may be
used for operational improvements prior to construction of the capacity project
from which the proportionate fair-share revenues were derived. Proportionate
fair-share revenues may also be used as the 50% local match tor funding under
the FDOT TRIP.
(2) In the event a scheduled facility improvement is removed from the CIE, then the
revenues collected for its construction may be applied toward the construction of
another improvement within that same conidor or sector that would mitigate the
impacts of development pursuant to the requirements of Subection d (2)(b).
Where an impacted regional facility has been designated as a regionally significant
transportation facility in an adopted regional transportation plan as provided in
Section 339.155, F.S., and then the County may coordinate with other impacted
jurisdictions and agencies to apply proportionate fair-share contributions and public
contributions to seek funding t()f improving the impacted regional facility under the
FOOT TRIP. Such coordination shall be ratified by the County through an interlocal
agreement that establishes a procedure for earmarking of the developer contributions
for this purpose.
Page 10 of]2
(3) Where an applicant constructs a transportation facility that exceeds the applicant's
proportionate nlir-share obligation calculated under Section g, the County shall
reimburse the applicant for the excess contribution using one or more of the
f()llowing methods:
(a) An impact fee credit account may be established fix the applicant in thc
amount of the excess contribution, a pOliion or all of which may be assigned
and reassigned under the ternlS and conditions acceptable to the County.
(b) An account may be established for the applicant for the purpose of
reimbursing the applicant for the excess contribution with proportionate fair-
share payments from future applicants on the facility.
(c) The County may compensate the applicant for the cxcess contribution through
payment or some combination of means acceptable to the County and the
applicant.
k. Cross Jurisdictional Impacts
(1) In the interest of intcrgovernmental coordination and to reflect the shared
responsibilities for managing development and concurrency, the County may
enter an agreement with one or more adjacent local governments to address cross
jurisdictional impacts of development on regional transportation facilities. The
agreement shall provide lor application of the methodology in this section to
address the cross jurisdictional transportation impacts of development.
(2) A development application submitted to the County subject to a transportation
concurrency determination meeting all of the f()llowing criteria shall be subject to
this section:
(a) All or part of the proposed development is located within a segment of the
TrafI1c Impact Area which is under the jurisdiction, for transportation
concurrency, of an adjacent local government; and
(b) Using its own concurrency analysis procedures, the County concludes that the
additional traffic fi'om the proposed development would use five percent (5%)
or more of the reserve speed of a regional transportation facility within the
concurrency jurisdiction of the adjacent local government '"impacted regional
lacility"; and
(c) The impacted regional facility is projected to be operating below the level of
service standard, adopted by the adjacent local government, \vhen the traffic
from the proposed development is included.
(3) Upon identification of an impacted regional facility pursuant to subsection k
(2)(a)-(c), the County shall notify the applicant and the affected adjacent local
government in writing of the opportunity to derive an additional proportionate
Pugc II of ] 2
fair-share contribution, based on the projected impacts of the proposed
development on the impacted adjacent facility.
(a) The adjacent local government shall have up to ninety (90) days in which to
notify the County of a proposed specific proportionate fair-share obligation,
and the intended use of the funds when received, I'he adjacent local
government must provide reasonable justification that both the amount of the
payment and its intended use comply with the requirements of Section
163.3180(16), F .S, Should the adjacent local government decline
proportionate fair-share mitigation under this section, then the provisions of
this section would not apply and the applicant would be subject only to the
proportionate fair share requirements of the County.
(b) Jfthe subject application is subsequently approved by the County, the approval shall
include a condition that the applicant provides, prior to the issuance of any building
permit covered by that application, evidence that the proportionate fair-share
obligation to the adjacent local government has been satisfied. The County may
require the adjacent local government to declare, in a resolution, ordinance, or
equivalent document, its intent for the use of the concurrency funds to be paid by the
applicant
PASSED AND RECOMMENDEOFOR ADOPTION by the Monroe County Planning
Commission at a regular meeting held on the 11 th day of October, 2006.
James D. Cameron, Chair
Randolph D. Wall. Vice Chair
Michelle Cates Deal, Commissioner
Sherry Popham, Commissioner
Donna Windle, Commissioner
YES
YES
ABSENT'
YES
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
B y ~~~~>>>~_>>"___>_>_________>__
James O. Cameron, Chair
Sioned this davof
e ~~_~-.I
,2006.
Page 12 of 12
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 15.2006
~ivision:
Growth Management
Bulk Item: Yes
No~
Department Planning and Environmental Res.
Staff Contact Person: leITV Sanders. Esq.
AGENDA ITEM WORDING:
A public hearing on an ordinance amending Section 9.5-120.4 of the Land Development Regulations
relating to dwelling unit transfer authorization for development not affected by residential ROGO.
(Staff is recommending this item be withdrawn from BOCC consideration at this time and
remanded to staff for further review)
ITEM BACKGROUND:
During a regularly scheduled meeting held on May 23, 2006, the Development Review Committee
recommended approval of the proposed amendments to the Planning Commission. These amendments
were also previously discussed at the Workforce Housing Task Force workshop meeting with the
Board of County Commissioners held on February 10, 2006 (the BOCC approved the recommendation
for these changes at its regularly scheduled meeting in Key Largo on February 15, 2006) and at a
Planning Commission/Workforce Housing Task Force joint meeting held on March 8, 2006. This
amendment was heard by the Planning Commission at three regular public meetings (June 14, 2006 in
Marathon, June 28, 2006 and again tinally on July 26,2006 in Key Largo, where it was recommended
for approval.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES: N/A
ST AFF RECOMI\:IENDA TIONS: Withdraw from consideration at this time and remand it to staff
for further review.
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH Year
APPROVED BY:
County Atty _ OMB/Purchasing _ Risk Managementm__
DOCUMENTATION:
Incl uded
Not Required~X_
OISPOSITION:
AGENDA ITEM #
FILENAME \.p \V:\GROWlll MANAGEMENf\BOCC\GMD Agenda Hems\200611 \Transfer ROGO\IK>CC Agenda item II 15
06.docPage PAGE I of NUMPAGES I
BOARI) OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November IS, 2006
Division:
Growth Management
Bulk Item: Yes
No~
Department: Planning and Environmental Res.
Staff Contact Person: Jerry Sanders, Esq.
AGENDA ITEM WORDING:
A public hcaring on an ordinance amending Section 9.5-122(c) of the Land Development Regulations
providing for fractional RaGa allocations for small affordable housing units.
(Staff is recommending this item be withdrawn from BOCC consideration at this time and
remanded to staff for further review)
ITEM BACKGROUND:
These amendments were previously discussed at the Workforce Housing Task Force workshop meeting
with the Board of County Commissioners held on February 10, 2006 (the BOCC approved the
recommendation for these changes at its regularly scheduled meeting in Key Largo on February 15,
2006) and at a Planning Commission/Workforce Housing Task Force joint meeting held on March 8,
2006. During a regularly scheduled mecting held on May 23, 2006, the Development Review
Committee recommended approval of the proposed amendments to the Planning Commission. On
June 14, 2006, during a regularly scheduled meeting the Planning Commission continued this item to
the June 28, 2006 Planning Commission meeting. During a regularly scheduled meeting held on June
28, 2006, the Planning Commission recommended approval of the proposed amendments to the
BOCC.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES: N/A
ST AFF RECOMMENDATIONS: Withdraw from consideration at this time and remand it to stafl
for further review.
TOTAL COST:
N/A
BUDGETEI): Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH Year
APPROVED BY:
County Atty ~ OMB/Purchasing _ Risk Management mmmw_,
DOCUMENTATION:
Included
Not Required X
DISPOSITION:
AGENI)A ITEM #
[;'ILENAME \p W:\GROWTH MANAGEMEN'FHOCC\GMD Agenda Itcms\200611\Fractional ROGO\BOCC Agenda item 11 15
06.doePage PAGE I of NU\'vlPAC,ES 1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November IS. 2006
Division:
Budget & Finance
Bulk Item: Yes
No~
Department: OMB
Department Contact: Tina Boan
AGENDA ITEM WORDING:
A public hearing at 5:01 p.m. to consider a Budget Amendment to the Key West International Airport
Fund, #404 and approval of a resolution for unanticipated funds to increase the budget for Fund 404.
ITEM BACKGROUND:
The Fiscal Year 2006 Operations & Maintenance (0 & M) budget needs to be amended in order to
bring in more revenues in order to be in compliance with the Bond Covenant to transfer PFC revenues
from prior applications, and so the budgeted transfer for the cost allocation can be made.
PREVIOUS REVELANT BOCC ACTION:
At the October 18th, 2006, meeting the board gave approval to advertise this budget amendment.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
COST TO COUNTY:
N/A
N/A
BUDGETED: Yes No
SOURCE OF FUNDS:Unrestricted Fund Bal
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH_ Year
APPROVED BY: County Arty ~ ~MBlPurchasing X- Risk Management N/ A
DIVISION DIRECTOR APPROVAL: satuatou;e ~
Salvatore R. Zappulla
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM #_
Revised 1/03
October 3, 2006
i-........'...-.....,...-
r
BOARD OF COUNTY COMMISSIONERS
Mayor Charles "Sonny" McCoy, District 3
Mayor Pro Tern Dixie M. Spehar, District 1
George Neugent, District 2
Mario Di Gennaro, District 4
Glenn Patton, District 5
OKll~ErY ~o~~~~E
(30S) 294-4641
To: Thomas J. Willi
From: Salvatore R. Zappulla
Subject: Airport Fund Budget Amendment
MEMORANDUM
The purpose of this memorandum is to explain the need to formally amend the Airport's Budget, (Fund 404).
As a result of issuing the Variable Rate Demand Obligations, (V.R.D.O.'s), on July 19th 2006, there are
various requirements as per section (4.05) of the Bond Resolution that requires funding from the Airport
Operations and Maintenance Fund Revenues, to the Key West Airport Debt Service Fund (Fund 405).
While some of these transfers have taken place as per the Bond Resolution, such as the funding of the
Renewal and Replacement fund for the final three months of2006 (July through September), and the funding
of the Reserve Account, which is to be funded monthly with any excess of revenues over expenditures from
airport operations, there will not be enough funds left in (Fund 404) to process the transfer of Passenger
Facility Charges from prior applications of projects that are completed or near completion, $1,145,139, or
make the transfer for the cost allocation of $220,383 to the General Fund.
The Budget amendment will bring additional revenues into the fund by appropriating the Cash Balance
portion of Reserves, which is really the un-appropriated portion of the unrestricted Fund Balance of the Key
West International Airport. (See Attached)
NOTICE OF SUPPLEMENTAL
BUDGET HEARING
Pursuant to the provisions of Section 129.03, Florida Statues, notice is hereby given that a Public Hearing will be held
by the Board of County Commissioners of Monroe County, Florida, on November 15th, 2006 at the hour of 5:01 P.M.
at the Key Largo Public Library, 101485 Overseas Hwy, MM 101.485 (ocean), Key Largo, Florida 33037, for the
purpose of receiving any comments on the proposed supplemental Budget Amendment for the fiscal year beginning
October 1,2005, and ending September 30,2006 for the Key West International Airport Fund, Fund 404.
Revenues: Current Budget Inc./(Dec.) Revised Budget
404-344101SK Fees & Leases 2,850,000.00 381,915.00 3,231,915.00
404-344102SK Passenger Facility Charge 1,000,000.00 (990,000.00) 10,000.00
404- 344103 SK Airport Parking 230,000.00 0.00 230,000.00
404- 354003 SK Fines Parking Violations 10,000.00 (5,000.00) 5,000.00
404-361005GI Interest Earnings 80,000.00 25,432.00 105,432.00
404-366001 CT Contributions 147,701.86 3,970.00 151,671.86
404-369001GM Miscellaneous Revenue 0.00 6,653.00 6,653.00
404-369002GM Misc Commissions 0.00 2,984.00 2,984.00
404-331xxxxx Federal Grants Transportation 13,528,013.52 0.00 13,528,013.52
404-334xxxxx State Grants Transportation 2,477,518.63 0.00 2,477,518.63
404-381001GT Transfers in Fund 001 187,500.00 0.00 187,500.00
404-381304GT Transfers in Fund 304 1,000,000.00 0.00 1,000,000.00
404 389001 Less 5% FL Statute (208,500.00) 28,702.00 (179,798.00)
404 389002 Fund Balance Forward 2,590,561.00 0.00 2,590,561.00
Total Revenue 23,892,795.01 (545,344.00) 23,347,451.01
Expenditures:
404 23518 Vehicle Replacement 7,524.00 (7,524.00) 0.00
404 63001 KWIA O&M 3,151,854.00 360,620.00 3,512,474.00
404 63002 KWIA R&R 874.00 (874.00) 0.00
404 63003 KWIA Passenger Facility 412,840.51 0.00 412,840.51
404 630xxxxx Various State & Federal Grant 16,772,713.13 0.00 16,772,713.13
404 85536 Reserves 404 1,179,109.00 (1,179,109.00) 0.00
404 86505 Budgeted Transfers 1,367,88037 1,281,543.00 2,649,42337
22,892,795.01 454,656.00 23,347,451.01
Resolution
- 2006
WHEREAS, it is necessary to conduct a public hearing as required by section 129.03, Florida Statutes, to amend the Key West International Airport
Fund, Fund, #404, for the fiscal year beginning October 1, 2005, and ending September 30, 2006, now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONS OF MONROE COUNTY, FLORIDA, that a Public Hearing was
conducted on November 15, 2006, at 5:01 p.m. to amend the Key West International Airport Fund, #404, budget and to adopt an amended
budget as follows:
Revenues: Current Budget IncJ(Dec.) Revised Budget
404-34410 1 SK Fees & Leases 2,850,000.00 381,915. 00 3,231,915.00
404-344102SK Passenger Facility Charge 1,000,000.00 (990,000.00) 10,000.00
404-344103SK Airport Parking 230,000.00 0.00 230,000.00
404-354003SK Fines Parking Violations 10,000.00 (5,000.00) 5,000.00
404-361005G1 Interest Earnings 80,000.00 25,432.00 105,432.00
404-366001 CT Contributions 147,701.86 3,970.00 151,671.86
404-369001GM Miscellaneous Revenue 0.00 6,653.00 6,653.00
404-369002GM Misc Commissions 0.00 2,984.00 2,984.00
404-331xxxxx Federal Grants Transportation 13,528,013.52 0.00 13,528,013.52
404-334xxxxx State Grants Transportation 2,477,518.63 0.00 2,477,518.63
404-38100lGT Transfers in Fund 001 187,500.00 0.00 187,500.00
404-381304GT Transfers in Fund 304 1,000,000.00 0.00 1,000,000.00
404 389001 Less 5% FL Statute (208,500.00) 28,702.00 (179,798.00)
404 389002 Fund Balance Forward 2,590,561.00 0.00 2,590,561.00
Total Revenue 23,892,795.01 (545,344.00) 23,347,451.01
Expenditures:
404 23518 Vehicle Replacement 7,524.00 (7,524.00) 0.00
404 63001 KWIA O&M 3,151,854.00 360,620.00 3,512,474.00
404 63002 KWIA R&R 874.00 (874.00) 0.00
404 63003 KWIA Passenger Facility 412,840.51 0.00 412,840.51
404 630xxxxx Various State & Federal Grant 16,772,713 .13 0.00 16,772,713.13
404 85536 Reserves 404 1,179,109.00 (1,179,109.00) 0.00
404 86505 Budgeted Transfers 1,367,880.37 1,281,543.00 2,649,423.37
22,892,795.01 454,656.00 23,347,451.01
BE IT FURTHER RESOLVED BY SAID BOARD that the Clerk of said Board, upon the receipt of the above, is hereby authorized and directed to
make the necessary changes of said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting ofthe Board on the 15th day of
November, A.D: 2006.
Mayor McCo
Mayor Pro Tern Spehar
Commissioner Neugent
Commissioner Di Gennaro
Commissioner Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk