Item S77
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
July 20, 2016
Agenda Item Number: S.7
Agenda Item Summary #1809
BULK ITEM: DEPARTMENT:
No Planning/Environmental Resources
TIME APPROXIMATE:STAFF CONTACT:
Mayte Santamaria (305) 289-2500
3:00 PM
AGENDA ITEM WORDING:
A public hearing to consider an ordinance by the Monroe County
Board of County Commissioners to continue to defer the approval of applications for the transfer of
development rights to offshore islands, transfer of ROGO exemptions to offshore islands, tier
amendments for offshore islands; map amendments for offshore islands to increase potential density
or intensity and text amendments for offshore islands to increase development potential
(density/intensity), commencing July 20, 2016, until such time as a comprehensive plan amendment
process is completed regarding offshore islands and providing for expiration within nine (9) months
of the effective date of this interim development ordinance or when the comprehensive plan
amendments become effective, whichever comes first.
ITEM BACKGROUND:
County was undertaking a four-phased Comprehensive Plan update
process. The Comprehensive Plan (Plan) update process started with the updating and revising of the
Technical Document (the Data and Analysis to the Plan), which was completed in May 2011. The
Monroe County 2010 Comprehensive Plan Evaluation and Appraisal Report (EAR) was completed
and adopted by the BOCC on May 22, 2012.
Draft amendments to the Comprehensive Plan were prepared to implement the EAR strategies, to
reflect the updated Technical Document and to comply with requirements established by state and
analysis, prepared by the South Florida Regional Planning Council.
The BOCC held special public meetings on March 21, 2014, April 23, 2014 and May 22, 2014, to
review proposed amendments to the Comprehensive Plan. A special BOCC public hearing was held
on July 23, 2014, to consider the transmittal of the proposed amendments (the Monroe County 2030
Comprehensive Plan) to the Florida Department of Economic Opportunity (DEO) and the hearing
was continued to October 7, 2014.
A special BOCC public hearing was held on October 7, 2014, to consider the transmittal of the
proposed amendments (the Monroe County 2030 Comprehensive Plan) to DEO and the hearing was
continued to December 10, 2014, to discuss the following:
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Policies 101.5.31 and 101.5.32: BOCC directed staff to work on height policies for
addressing the replacement of existing buildings which exceed the 35ft height limit,
architectural features, flood protection purposes and affordable housing. Staff to present
drafts during the regular December BOCC meeting.
BOCC directed staff to work on an inventory/data of privately-owned offshore islands to
accompany policy amendments. Staff to present drafts during the regular December
BOCC meeting.
During the regular December 10, 2014 BOCC meeting, a public hearing was held to discuss
proposed height and offshore island policies and to consider the transmittal of the proposed
amendments (the Monroe County 2030 Comprehensive Plan) to DEO. The BOCC directed staff to
maintain the existing adopted height and offshore island policies and to process separate
amendments to address these topics. Transmittal hearing was continued to January 2015.
On January 14, 2015, the BOCC held a special public hearing to consider the transmittal of the
proposed amendments (the Monroe County 2030 Comprehensive Plan) to DEO and the BOCC voted
to transmit the proposed comprehensive plan amendments to the State Land Planning Agency
(without amendments pertaining to offshore islands).
During the special meeting on January 14, 2015 BOCC meeting, the Monroe County Board of
County Commissioners unanimously passed a motion to direct staff to impose a temporary
moratorium upon certain development applications of offshore ilands due to pending legislation
(updates to the Comprehensive Plan).
During the regular January 21, 2015 BOCC meeting, the Monroe County Board of County
Commissioners adopted Resolution No. 022-2015 directing the Monroe County Planning and
Environmental Resources Department to process an Ordinance to defer the approval of applications
for the transfer of development rights to offshore islands, transfer of ROGO exemptions to offshore
islands, tier amendments for offshore islands, map amendments for offshore islands to increase
potential density or intensity and text amendments to increase development potential
(density/intensity).
On April 15, 2015, the Monroe County Board of County Commissioners adopted Ordinance 011-
2015 to defer the approval of applications for the transfer of development rights to offshore islands,
transfer of ROGO exemptions to offshore islands, tier amendments for offshore islands; map
amendments for offshore islands to increase potential density or intensity and text amendments for
offshore islands to increase development potential (density/intensity), commencing January 21,
2015, until such time as a comprehensive plan amendment process is completed regarding offshore
islands and providing for expiration within 365 days of the effective date of this interim
development ordinance or when the comprehensive plan amendments become effective, whichever
comes first.
Since Ordinance 011-2015 was adopted, the Monroe County Development Review Committee
considered proposed amendments pertaining to offshore islands at regularly scheduled meetings held
on March 24, 2015, May 26, 2015, August 25, 2015, October 27, 2015 and January 26, 2016. The
Planning Commission considered the proposed amendments pertaining to offshore islands at a
regularly scheduled meeting held on February 24, 2016, and recommended revisions be made to
Policy 206.1.2 (semi-colonial birds) and recommended approval of the proposed amendments to the
BOCC.
The Board of County Commissioners held a public hearing on March 23, 2016, to review and
consider transmittal of the proposed amendments pertaining to offshore islands to the State Land
Planning Agency and Reviewing Agencies as defined in Section 163.3184(1)(c), F.S. for review and
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comment. The transmittal hearing was continued to the July BOCC meeting due to an omission in
the advertised proposed ordinance related to the PC recommended change to Policy 206.1.2 and to
provide legal and staff an opportunity to further evaluate the proposed change. Staff is seeking an
additional 9 months under the interim development ordinance to grant additional time to process
offshore island text amendments.
PREVIOUS RELEVANT BOCC ACTION:
On July 23, 2014, the BOCC held a special public hearing (transmittal hearing) and reviewed,
discussed and provided direction on all the proposed elements of the 2030 Comprehensive Plan. The
BOCC continued to hearing to October 7, 2014, to consider the transmittal of the proposed
amendments (the Monroe County 2030 Comprehensive Plan) to the State Land Planning Agency.
On October 7, 2014, the BOCC held a special public hearing (transmittal hearing) and reviewed,
discussed and provided direction on all the proposed elements of the 2030 Comprehensive Plan. The
BOCC continued to hearing to December 10, 2014, to consider the transmittal of the proposed
amendments (the Monroe County 2030 Comprehensive Plan) to the State Land Planning Agency.
On December 10, 2014, the BOCC held a public hearing (transmittal hearing) and reviewed,
discussed and provided direction on proposed elements of the 2030 Comprehensive Plan related to
height and offshore islands. The BOCC continued the transmittal hearing to January, 14, 2015, to
consider the transmittal of the proposed amendments (the Monroe County 2030 Comprehensive
Plan) to the State Land Planning Agency.
On January 14, 2015 BOCC held a public hearing (transmittal hearing) and voted to transmit the
Comprehensive Plan without the newly proposed amendments for height and offshore islands. The
Monroe County Board of County Commissioners unanimously passed a motion to direct staff to
impose a temporary moratorium upon certain development applications of Offshore Islands due to
pending legislation (updates to the Comprehensive Plan).
On January 21, 2015, the Monroe County Board of County Commissioners adopted Resolution No.
022-2015 directing the Monroe County Planning and Environmental Resources Department to
process an Ordinance to defer the approval of applications for the transfer of development rights to
offshore islands, transfer of ROGO exemptions to offshore islands, tier amendments for offshore
islands, map amendments for offshore islands to increase potential density or intensity and text
amendments to increase development potential (density/intensity).
On April 15, 2015, the Monroe County Board of County Commissioners adopted Ordinance 011-
2015 to defer the approval of applications for the transfer of development rights to offshore islands,
transfer of ROGO exemptions to offshore islands, tier amendments for offshore islands; map
amendments for offshore islands to increase potential density or intensity and text amendments for
offshore islands to increase development potential (density/intensity), commencing January 21,
2015, until such time as a comprehensive plan amendment process is completed regarding offshore
islands and providing for expiration within 365 days of the effective date of this interim
development ordinance or when the comprehensive plan amendments become effective, whichever
comes first.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION:
Approval - if the Comprehensive Plan amendment regarding
offshore islands is approved for transmittal to the State Land Planning Agency for review.
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DOCUMENTATION:
Offshore Island Ordinance
2015-032 Ordinance 011-2015 4.15.15
Resolution 022-2015
April 15 2015 BOCC Agenda Item_IDO
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match
:
Insurance Required:
Additional Details:
REVIEWED BY:
Mayte Santamaria Completed 06/26/2016 3:15 PM
Assistant County Administrator Christine Hurley Completed
06/27/2016 4:33 PM
Steve Williams Completed 07/01/2016 3:47 PM
Jaclyn Carnago Completed 07/05/2016 12:21 PM
Budget and Finance Skipped 06/24/2016 10:29 AM
Maria Slavik Skipped 06/24/2016 10:29 AM
Mayte Santamaria Completed 07/05/2016 2:33 PM
Kathy Peters Completed 07/05/2016 2:48 PM
Board of County Commissioners Pending 07/20/2016 9:00 AM
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