Ordinance 023-2011 m
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6 ORDINANCE NO. 023 -2011
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9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
10 COMMISSIONERS AMENDING GOAL 107 AND OBJECTIVE 107.1
11 OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN
12 TO CLARIFY THE DEFINITION AND APPLICATION OF SUB
13 AREA POLICY FOR PROPERTY LOCATED WITHIN
14 UNINCORPORATED MONROE COUNTY; PROVIDING FOR
15 SEVERABILITY; DIRECTING THE DIRECTOR OF PLANNING TO
16 FORWARD A COPY TO THE FLORIDA STATE LAND PLANNING
17 AGENCY; PROVIDING FOR FILING WITH THE SECRETARY OF
18 STATE; PROVIDING FOR THE INCORPORATION INTO THE
19 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE
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22 WHEREAS, Goal 107 and Objective 107.1 of the Monroe County 2010 Comprehensive
23 Plan establishes criteria for the application of Sub Area policies which limit the density and
24 intensity of allowable land uses within an underlying Future Land Use Map category. Goal 107
25 and Objective 107.1 were first developed as part of a Settlement Agreement related to a Future
26 Land Use Map (FLUM) Amendment submitted by MDJ Investments. The Board of County
27 Commissioners (BOCC) adopted Ordinance 021 -2010 on June 29, 2010, which adopted Goal
28 107, Objective 107.1 and Policyl 07.1.3, Specific Limitations on Key Largo Mixed Use Area 1.
29 The Florida Department of Community Affairs (DCA) submitted a Notice of Intent to find
30 Ordinance 021 -2010 In Compliance on November 1, 2010; and
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32 WHEREAS, A Settlement Agreement related to a FLUM Amendment submitted by
33 Roseann and Rudolph Krause, was approved by the BOCC on October 20, 2010 in DOAH Case
34 No. 09- 4153GM. The resulting Ordinance No. 028 -2010, adopted by the BOCC on October 20,
35 2010, adopted Goal 107, Objective 107.1, and Policy 107.1.2, Ramrod Key Mixed Use Area 1.
36 The DCA Notice of Intent found Ordinance 028 -2010 In Compliance with the Stipulated
37 Settlement Agreement on January 27, 2011; and
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39 WHEREAS, During the October 20, 2010, public hearing, the BOCC directed staff to
40 prepare an amendment that refines the application of Goal 107 and Objective 107.1 as requested
41 during the public hearing by the representatives of Last Stand. Last Stand has recommended
42 that Goal 107 and Objective 107.1 be further refined to limit its application to promote the
43 preservation of environmentally sensitive areas that also contain some scarified area with a pre -
44 existing non - conforming use to prevent the sub -area policy being utilized for vacant land. The
45 proposed amendment addresses these concerns without affecting the application of the Rate of
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1 Growth Ordinance, Tier Mapping System, and land clearing limitations specified within the
2 Monroe County Comprehensive Plan and Land Development Code; and
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4 WHEREAS, On January 25, 2011, the Monroe County Development Review
5 Committee considered the proposed comprehensive plan amendment; and
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7 WHEREAS, On March 9, 2011, the Monroe County Planning Commission approved
8 Resolution P07 -2011 recommending that the the BOCC transmit the proposed comprehensive
9 plan amendment to the Florida Staet Land Planning Agency; and
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11 WHEREAS, On June 20, 2011, the Monroe County Board of County Commissioners
12 held a public hearing and voted to transmit the proposed comprehensive clan amendment to the
13 Florida State Land Planning agency; and
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15 WHEREAS, On August 11, 2011, the Florida State Land Planning Agency submitted its
16 Objections, Recommendations and Comments (ORC) Report to Monroe County which stated
17 that the Agency does not identify any objections or comments related to important state
18 resources and facilities that will be adversely impacted by the amendment if it is adopted.
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20 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
21 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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23 Section 1. The Monroe County 2010 Comprehensive Plan is amended as follows:
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26 Goal107
27 Monroe County shall regulate land use and development activities of scarified portions of
28 property with 50% or more environmentally sensitive land that contains an existing
29 nonconforming use, by the enactment of area- specific regulations that allow development to
30 occur subject to limitations and conditions designed to protect natural resources. For this Goal
31 to be used, scarified portions of property shall not have been created purposefully without
32 benefit of permit, as evidenced by pictorial aerial examination and /or other means available to
33 the Growth Management Division.
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35 Objective 107.1
36 Monroe County shall coordinate land use with the elements of the Comprehensive Plan
37 through future land use element sub -area policies solely applicable to a specific
38 geographic area. These sub -area policies identify parcels of land that require narrowly -
39 tailored regulation in order to confine development potential to an area or extent less than
40 the maximum development potential allowed by its underlying future land use Map
41 category. The development parameters established for each sub -area shall be based
42 either on an inventory of uses and facilities established on the parcel or by data and
43 analysis supporting the specific sub -area limitations. Environmentally sensitive areas
44 shall be preserved through the application of such methods as conservation easements
45 that require mandatory eradication of exotic invasive vegetation.
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2 Section 2. If any section, subsection, sentence, clause, item, change, or provision of this
3 ordinance is held invalid, the remainder of this ordinance shall not be affected by
4 such validity.
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6 Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby
7 repealed to the extent of said conflict.
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9 Section 4. This ordinance shall be transmitted by the Director of Planning to the Florida
10 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
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12 Section 5. This ordinance shall be filed in the Office of the Secretary of the State of Florida
13 but shall not become effective until a notice is issued by the Florida State Land
14 Planning Agency or Administration Commission finding the amendment in
15 compliance with Chapter 163, Florida Statutes and after any applicable appeal
16 periods have expired.
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18 Section 6. The numbering of the foregoing amendment may be renumbered to conform to
19 the numbering in the Monroe County Year 2010 Comprehensive Plan and shall be
20 incorporated in the Monroe County Year 2010 Comprehensive Plan.
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23 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
24 Florida, at a regular meeting held on the 14th day of December, A.D., 2011.
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26 Mayor David Rice Yes
27 Mayor pro tem Kim Wigington Yes
28 0 — Commissioner Heather Carruthers Yes
29 c --* - Commissioner Sylvia Murphy Yes
3 ° _ - Commissioner George Neugent Yes
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33 1 - -- BOARD OF COUNTY COMMISSIONERS
34 OF MONROE COUNTY, FLORIDA
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37 - cri�ci?: , BY 4.
38 * �, Mayor David ice
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42 ° ;( - A ST A .' Y L. KOLHAGE, CLERK
43 ' I / M A N VED N T A ORMEY
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45 DEPUTY ERK Date: / i 2 -. - // l
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MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101 b couNry c BRANCH OFFICE:
KEY WEST, FLORIDA 33(140 i0J.' u ^o E• o � �l PLANTATION KEY
TEL. (305) 294 -4641 j u; • ' "�� ' GOVERNMENT CENTER
FAX (305) 295 -3663 *: ` �— * i 88820 OVERSEAS HIGHWAY
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BRANCH OFFICE: q o TEL. (305) 852 - 7145
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MARATHON SUB COURTHOUSE 1� � N■■� Fax (305) 852 - 7146
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING
MARATHON, FLORIDA 33050
rEL. (305) 289
MONROE COUNTY 50 HIGH POINT ROAD
FAX (305) 289 - 1745 PLANTATION KEY, FLORIDA 33070
www.clerk -of- the- court.com TEL. (305) 852 -7145
FAx (305) 853 -7440
January 5, 2012
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Via Certified Mail 7010 1670 0001 0244 7631
Dear Ms. Cloud,
Enclosed please certified copies of the following Ordinances:
Ordinance No. 022 -2011 amending Chapter 6, Section 6 -27 and Chapter 8, Section 8 -37
of the Monroe County Code; Clarifying the definition of unsafe buildings, the definition of
physical criteria of unsafe buildings; Providing for notice to owners by the Building Official
when a building, structure or system is deemed unsafe and amending the four year bar to
prosecution to include an exemption for unsafe buildings, structures or systems; Providing for
severability; Providing for repeal of all Ordinances inconsistent herewith; Providing for
incorporation into the Monroe County Code of Ordinances; and Providing for transmittal and an
effective date.
Ordinance No. 023 -2011 to amend Goal 107 and Objective 107.1 of the Monroe County
2010 Comprehensive Plan, refining the definition and application of Sub Area designations
which limit the density and intensity allowed within a Future Land Use Map category.
Ordinance No. 024 -2011 to amend Policy 101.2.6 of the Monroe County 2010
Comprehensive Plan Future Land Use Element to extend the moratorium of new transient
residential units to be consistent with the deadline to transmit and adopt comprehensive plan
evaluation and appraisal based amendments.
Ordinance No. 025 -2011 to amend Section 138 -23 of the Monroe County Code: The
ordinance would extend the sunset date for the moratorium on new transient units from
December 31, 2011 to May 1, 2014.
These Ordinances were adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, held in formal session, on December 14, 2011.
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
by: Pamela G. Hancock, D.C.
cc: County Attorney letter only
Growth Management
File
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P rogram Administrator
Administrative Code and Weekly
pi A. Gray Bujjding
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1 . fl*hassee, Florida 32399 -0250 s s loeType
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT DIVISION OF LIBRARY AND INFORMATION SERVICES KURT S.
Governor BROWNING
Secretary of State
January 18, 2012
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. 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 January 5, 2012 and certified copies of Monroe County Ordinance Nos. 022 -2011 through 025-
2011, which were filed in this office on January 11, 2012.
Sincerely,
c g aue
Liz Cloud
Program Administrator
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-
0250
Telephone: 850.245.6600 • Facsimile: 850.245.6282 • http: / /info.florida.gov
VIVA FORMA 500. Commemorating 500 years of Florida histor www.fla500 VIVA FLORIDA 500.