Ordinance 034-2009
. .
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE 034- 2009
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AN AMENDMENT TO THE MONROE
COUNTY 2010 COMPREHENSIVE PLAN TO CREATE POLICY 101.6.6;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH; DIRECTING THE
DIRECTOR OF PLANNING TO FORWARD A COPY TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR FILING
WITH THE SECRETARY OF STATE; PROVIDING FOR THE
INCORPORATION INTO THE COMPREHENSIVE PLAN; PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, the Board of County Commissioners (HOCC) held a public hearing on October 22,
2009, for the purposes of considering the adoption of a proposed amendment to the Monroe County Year
2010 Comprehensive Plan; and
WHEREAS, the Florida Department of Community Affairs submitted its Objections,
Recommendations and Comments for Amendment 02-09 of the Monroe County 2010 Comprehensive Plan
and had two (2) objections regarding the proposed amendment;
WHEREAS, the BOCC voted to transmit the proposed amendment to the Florida Department of
Community Affairs on July 13, 2009; and
WHEREAS, on June 10, 2009, the Monroe County Planning Commission held a public hearing on
the proposed comprehensive plan amendment and in due consideration of public comment recommended
passing a resolution to the Board of County Commissioners approving the transmittal to the Florida
Department of Community Affairs an ordinance to amend the Monroe County Year 2010 Comprehensive
Plan; and
WHEREAS, The Florida Administration Commission (F.A.C.) is proposing new Rule 28-20.130
implementing Section 380.0552(4) of the Florida Statutes. The proposed rule requires Monroe County to
report annually to the Administration Commission, describing its progress in completing the remaining
Work Program tasks as depicted in the Monroe County Year 2010 Comprehensive Plan Policy 101.2.13 and
Rule 28-20.110 Florida Administrative Code; and
WHEREAS, to assist in furthering work program tasks Year 6, Task C and Year 8, Task F, a new
policy regarding carrying capacity and habitat protection must be transmitted to the Department of
Community Affairs (DCA) prior to July 31, 2009; and
WHEREAS, the new rule carries forward polfcies from:
a. Monroe County Year 2010 Comprehensive Plan Policy 101.2.13 and Work Program in Rule
28-20.110, F.A.C Year 6, Task C states "Implement the carrying capacity study by, among
other things, the adoption of all necessary plan amendments to establish a rate of growth and
a set of development standards that .ensure that any and all new development does not
exceed the capacity of the county's environment and marine system to accommodate
additional impacts;" and
b. Monroe County Year 2010 Comprehensive Plan Policy 101.2.13 and Work Program in Rule
28-20.110, F.A.C. Year Eight (8), Ta~k F states "Adopt amendments to the comprehensive
plan and land development regulations to enact overlay designations, and eliminate or revise
the Habitat Evaluation Index, and modify the ROGO/NROGO system to guide development
away from environmentally sensitive lands;" and
WHEREAS, the proposed rule language (last update June 11, 2009) is written as follows:
(a)l.c. Monroe County shall transmit a comprehensive plan policy to preclude the granting of
administrative relief in the form of the issuance of a building permit for lands within the Florida
Forever targeted acquisition or Tier I lands areas unless, after 60 days from the receipt of a complete
application for administrative relief, it has been determined the parcel can not be purchased for
conservation purposes by any county, state or federal agency or any private entity. The County shall
routinely notify Department of Environmental Protection of upcoming administrative relief requests
at least 6 months prior to the deadline for administrative relief.
WHEREAS, based upon the information and documentation submitted, the BOCC makes the
following Findings of Fact and Conclusions of Law:
1. The purpose of new Policy 101.6.6 of the Monroe County Year 2010 Comprehensive Plan is
to amend the ROGO and NROGO administrative relief procedures by prohibiting allocation
awards for lands located in Florida Forever acquisition areas or Tier 1 designations under
certain circumstances and to require Monroe County to notify the Department of
Environmental Protection of upcoming administrative relief requests
2. The proposed amendment is consistent with the Monroe County Year 2010 Comprehensive
Plan, as follows:
a. Goal 101 of the Monroe County Year 2010 Comprehensive Plan considers the health
and safety of people and protection of natural resources
b. Goal 105 of the Monroe County Year 2010 Comprehensive Plan recognizes the finite
capacity for land development while balancing development with the natural
environment
c. Policy 105.1 of the Monroe County Year 2010 Comprehensive Plan implements smart
growth initiatives with the CommuniKeys Master Plans and Land Acquisition Programs
d. Policy 105.2.12 of the Monroe County Year 2010 Comprehensive Plan emphasizes
purchase offers as the best form of relief
e. Policy 101.2.14 of the Monroe County Year 2010 Comprehensive Plan states the county
shall offer to purchase land in the ~ARL boundary or the National Wildlife Refuge after
the applicant was denied a ROGO allocation but applied for administrative relief
f. Policy 101.6 of the Monroe County Year 2010 Comprehensive Plan requires the Monroe
County Land Authority land acquisition program to purchase land from property owners
who have been denied a building permit allocation
g. Policy 101.6.1 of the Monroe County Year 2010 Comprehensive Plan offers fair market
value on property if a building permit was denied for four (4) consecutive years, the
building plan was designed to follow all applicable regulations, the building permit has
not been withdrawn and all procedures for administrative reliefhave been followed
h. Policy 101.6.5 and Policy 105.2.12 of the Monroe County Year 2010 Comprehensive
Plan states the preferred form of relief is a purchase offer from the county, state or other
land acquisition agency
3. The proposed amendment is consistent with the Key Largo Livable CommuniKeys Plan, as
follows:
a. Goal One (1) and Goal Five (5) encourages the preservation of environmentally sensitive
lands and preserves, manages and restores natural resources
4. The proposed amendment is consistent with the Big Pine Key / No Name Key Livable
CommuniKeys Plan, as follows:
1. Goal 1 encourages conservation and protection of environmentally sensitive lands
2. Goal 2 minimizes the impacts on endangered species
3. Goal 9 implements a land acquisition program that is fair to willing sellers
4. Goal 10 protects and manages natural resources
5. The proposed amendment is consistent with Monroe County Code Sections 138.27(f) and
138.54(f) which offer a fair market value purchase price for property owners in
administrative relief for lands in designated areas
6. Pursuant to Chapter 380-0552(7) Florida Statutes, the proposed amendment is consistent
with the Principles for Guiding Development as a whole and is not inconsistent with any
Principle; and,
7. The proposed amendment is internally consistent with other elements of the Comprehensive
Plan; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Monroe County Year 2010 Comprehensive Plan is hereby amended to include the
following policy:
Policy 101.6.6
Monroe County shall preclude the granting of administrative relief in the form of the issuance of a
building permit for lands within the Florida Forever targeted acquisition or Tier I lands areas unless,
after 60 days from the receipt of a complete application for administrative reliet: it has been
determined the parcel can not be purchased for conservation purposes by any county, state or federal
agency or any private entity. The County shall routinely notify Department of Environmental
Protection of upcoming administrative relief requests at least six (6) months prior to the deadline for
administrative relief.
Section 2. If any section, subsection, sentence, clause, item, change, or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such validity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to
the extent of said conflict.
Section 4. This ordinance shall be transmitted by the Planning Department to the Department of
Community Affairs pursuant to Chapters 163 and 380, Florida Statutes.
Section 5. This ordinance shall be filed in the Office of the Secretary of State of Florida, but shall not
become effective until a notice is issued by the Department of Community Affairs or Administration
Commission approving this ordinance.
Section 6. When effective, this amendment shall be incorporated into the Monroe County Year 2010
Comprehensive Plan.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a special meeting held on the 22nd day of Oct. 2009.
Mayor George Neugent Yes
Mayor Pro Tern Sylvia Murphy Yes
Commissioner Kim Wigington Yes
Commissioner Heather Carruthers Yes
Commissioner Mario Di Gennaro Yes
BOARD OF COUNTY COMMISSIONERS OF
MO~E COUNTY'i~ORIDA ~
By~~~4 6}~,e.{J ~
Mayor George Neugent
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MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
October 28, 2009
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7005 1160 00003841 2341
Dear Ms. Cloud,
Enclosed is a certified copy of the following:
Ordinance No. 034-2009 adopting an amendment to the Monroe County 2010
Comprehensive Plan to create Policy 101.6.6; providing for severability; providing for the repeal
of all Ordinances inconsistent herewith; directing the Director of Planning to forward a copy to
the Florida Department of Community Affairs; providing for filing with the Secretary of State;
providing for incorporation into the Comprehensive Plan; providing for an effective date.
Ordinance No. 035-2009 amending Policy 101.2.6 of the Monroe County 2010
Comprehensive Plan regarding the moratorium for transient units; providing for severability;
providing for the repeal of all Ordinances inconsistent herewith; directing the Planning Director
to forward a copy to the Florida Department of Community Affairs; providing for filing with the
Secretary of State; providing for the incorporation into the Comprehensive Plan; providing for an
effective date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a special meeting, held in formal session, on October 22, 2009. Please file for the record.
Should you have any questions please feel free to contact me at (305) 295-3130.
Respectfully submitted,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
cc: Via E-Mail to the following:
Growth Management
County Attorney
Fit e. ,/
by: Pamela G. Hancock, D.C.
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CERTIFIED MAILlf.1 RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
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Certified Fee
CHARLIE CRIST
Govemor
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
November 3, 2009
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated October 28, 2009 and certified copies of Monroe County Ordinance Nos. 034-2009 and 035-
2009, which were filed in this office on November 2, 2009.
Sincerely,
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Liz Cloud
Program Administrator
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DIRECTOR'S OFFICE
R.A. Gray Building. 500 South Bronough Street. Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.fl.us
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
STATE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
STATE ARCHIVES OF FLORIDA
850.245.6700 . FAX: 850.488.4894
LEGISLATIVE LIBRARY SERVICE
850.488.2812 . FAX: 850.488.9879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
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