Resolution 259-2019 1 ,e„-yak
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7 MONROE COUNTY,FLORIDA
8 BOARD OF COUNTY COMMISSIONERS
9 RESOLUTION NO. 259 -2019
10
11 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS TRANSMITTING TO THE STATE LAND
13 PLANNING AGENCY AN ORDINANCE BY THE MONROE COUNTY
14 BOARD OF COUNTY COMMISSIONERS AMENDING MONROE
15 COUNTY COMPREHENSIVE PLAN POLICY 101.3.2 TO EXTEND THE
16 TIME PERIOD OF THE RATE OF GROWTH ORDINANCE (ROGO)
17 THROUGH 2O26; PROVIDING FOR SEVE ILITY; PROVIDING FOR
18 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
19 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND
20 THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE
21 MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN
22 EFFECTIVE DATE. (FILE #2019-043)
23
24
25 WHEREAS, the Monroe County Board of County Commissioners conducted a public
26 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
27 Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections,
28 recommendations and comments, and to the other Reviewing Agencies as defined in Sec.
29 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County
30 Year 2030 Comprehensive Plan as described above; and
31
32 WHEREAS, the Monroe County Planning Commission and the Monroe County Board
33 of County Commissioners support the requested text amendment;
34
35 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
36 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
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38 Section 1. The Board of County Commissioners does hereby adopt the recommendation of
39 the Planning Commission to transmit the draft ordinance, attached as Exhibit A,
40 for adoption of the proposed text amendment.
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42 Section 2. The Board of County Commissioners does hereby transmit the proposed
43 amendment to the State Land Planning Agency for review and comment in
44 accordance with the State Coordinated Review process pursuant to Section
45 163.3184(4), Florida Statutes.
46
Resolution No. 259 -2019 Page 1 of 2
File 2019-043
47 Section 3. The Monroe County staff is given authority to prepare and submit the required
48 transmittal letter and supporting documents for the proposed amendment in
49 accordance with the requirements of Section 163.3184(4),Florida Statutes.
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51 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
52 resolution to the Director of Planning.
53
54 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
55 Florida,at a regular meeting of the Board held on the 18th day of September ,2019.
56
57 Mayor Sylvia Murphy Yes
58 Mayor Pro Tem Danny L. Kolhage Yes
59 Commissioner Heather Carruthers Yes
60 Commissioner Michelle Coldiron Yes
61rF Commissioner David Rice Yes
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Resolution No. 259 -2019 Page 2 of 2
File 2019-043
Exhibit A to Transmittal Resolution
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7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2019
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS AMENDING MONROE COUNTY
13 COMPREHENSIVE PLAN POLICY 101. .2 EXTEND THE TIM
14 PERIOD OF THE RATE OF GROWTH ORDINANCE (ROGO)
15 THROUGH 2O26; PROVIDING FOR RABILITY; PROVIDING FOR
16 REPEAL OF CONFLICTING VISIONS; PROVIDING FOR
17 TRANSMITTAL TO THE STATE AND PLANNING AGENCY AND
18 THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE
19 MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING OR AN
20 EFFECTIVE DATE. (FILE#2019-043).
21
22
23
24 WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66,
25 Florida Statutes, Monroe County possesses the police powers to enact ordinances in order to
26 protect the health, safety,and welfare of the County's citizens; and
27
28 WHEREAS, Section 380.0552(9)(a)2., F.S., requires goals, objectives, and policies to
29 protect public safety and welfare in the event of a natural disaster by maintaining a hurricane
30 evacuation clearance time for permanent residents of no more than 24 hours and that the
31 hurricane evacuation clearance time be determined by a hurricane evacuation study conducted in
32 accordance with a professionally accepted methodology and approved by the state land planning
33 agency; and
34
35 WHEREAS, the adopted Comprehensive Plan has an existing policy that provides for
36 the distribution of allocations under the Rate of Growth Ordinance (ROGO) through 2023 with a
37 provision to re-evaluate the ROGO allocation distribution schedule, if substantial financial
38 support is provided by July 12, 2018 for land acquisition to retire development rights; and
39
40 WHEREAS, with the passage of the Florida Keys Environmental Stewardship Act and
41 coordination with the Florida Department of Environmental Protection, the state has expended
42 approximately $2,828,852 and retired 65.99 TDRs for the period between July 1, 2016 and July
43 26, 2019; and
44
Ord. -2019 Page 1 of 5
File#2019-043
Exhibit A to Transmittal Resolution
1 WHEREAS, it is an appropriate time for the County to consider extending ROGO
2 beyond 2023, in preparation of the updated evacuation model runs using updated data and
3 analysis, including information from the 2020 Census; and
4
5 WHEREAS, on April 3, 2019, a community meeting was held, as required by LDC
6 Section 102-159(b)(3), to discuss the proposed Comprehensive Plan text amendment, and to
7 provide for public participation; and
8
9 WHEREAS, on May 28, 2019, the Monroe County Development Review Committee
10 (DRC) reviewed the proposed amendment at a regularly scheduled meeting; and
11
12 WHEREAS, staff is recommending approval of the proposed amendments to the 2030
13 Comprehensive Plan, to amend Policy 101.3.2 to extend the time period of the Rate of Growth
14 Ordinance (ROGO)through 2026; and
15
16 WHEREAS,the Monroe County Planning Commission held a public hearing on July 31,
17 2019, for review and recommendation on the proposed amendment; and
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19 WHEREAS, the Planning Commission was presented with the following documents and
20 other information relevant to the request, which by reference is hereby incorporated as part of the
21 record of said hearing:
22 1. Staff report prepared by Cheryl Cioffari, Comprehensive Planning Manager, dated
23 July 12, 2019;
24 2. Sworn testimony of Monroe County Planning&Environmental Resources
25 Department staff; and
26 3. Advice and counsel of Steve Williams, Assistant County Attorney, and John Wolfe,
27 Planning Commission Counsel; and
28
29 WHEREAS, based upon the information and documentation submitted, the Planning
30 Commission made the following Findings of Fact and Conclusions of Law:
31
32 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
33 Monroe County Year 2030 Comprehensive Plan; and
34 2. The proposed amendment is consistent with the Principles for Guiding Development
35 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
36 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute;
37 and
38
39 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P32-19
40 recommending approval of the proposed amendment; and
41
42 WHEREAS, at a regular meeting held on September 18, 2019, the Monroe County
43 Board of County Commissioners held a public hearing to consider the transmittal of the proposed
44 text amendment, considered the staff report and provided for public comment and public
45 participation in accordance with the requirements of state law and the procedures adopted for
46 public participation in the planning process; and
Ord. -2019 Page 2 of 5
File#2019-043
Exhibit A to Transmittal Resolution
1
2 WHEREAS, at the September 18, 2019„ public hearing, the BOCC adopted Resolution
3 -201_, transmittal of the proposed text amendment to the State Land
4 Planning Agency; and
5
6 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
7 Objections, Recommendations and Comments (ORC) report, received by the County on
8 ; and
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10 WHEREAS,the ORC report ; and
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12 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
13 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
14
15 WHEREAS, at a regularly scheduled meeting on the_day of , 20_, the BOCC
16 held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment;
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
19 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
20
21 Section 1. The text of the Monroe County Year 2030 Comprehensive Plan is hereby
22 amended as follows (Deletions are shown stricken through; additions are shown
23 underlined):
24
25 Policy 101.3.2
26 The number of permits issued for residential dwelling units under the Rate of Growth
27 Ordinance shall not exceed a total of 1,970 new allocations for the time period of July 13,
28 2013 through July 12, 2924-2026, plus any available unused ROGO allocations from a
29 previous ROGO year. A ROGO year means the twelve-month period beginning on July 13.
30 Market rate allocations shall not to exceed 126 residential units per year. Unused
31 allocations for market rate shall be available for Administrative Relief.
32
33 In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity
34 completed the hurricane evacuation clearance time modeling task and found that with 10
35 years' worth of building permits, the Florida Keys would be at a 24 hour evacuation
36 clearance time. This creates challenges for State of Florida and Monroe County as there are
37 8,168 privately owned vacant parcels [3,979 Tier I; 393 Tier II, 260 Tier III-A (SPA);
38 3,301 Tier III, and 235 No Tier (ORCA, etc.)] and with 1,970 new allocations this may
39 result in a balance of 6,198 privately held vacant parcels at risk of not obtaining permits in
40 the future.
41
42 In recognition of the possibility that the inventory of vacant parcels exceeds the total
43 number of allocations which the State will allow the County to award, the County will
44 consider adopting an extended timeframe for distribution of the ROGO allocations through
45 2033 with committed financial support from its State and Federal partners. This timeframe
46 can provide a safety net to the County and provide additional time to implement land
Ord. -2019 Page 3 of 5
File#2019-043
Exhibit A to Transmittal Resolution
1 acquisition and other strategies to reduce the demand for ROGO allocations and help
2 transition land into public ownership.
3
4 The County is actively engaged in acquisitions and is requesting its State and Federal
5 partners for assistance with implementing land acquisitions in Monroe County. The County
6 will allocate the 1,970 new dwelling unit allocations over a 10 year timeframe. If
7 substantial financial support is provided by July 12, 2018, the County will reevaluate the
8 ROGO distribution allocation schedule and consider an extended timeframe for the
9 distribution of market rate allocations (through a comprehensive plan amendment). Further,
10 the State and County shall develop a mutually agreeable position defending inverse
11 condemnation cases and Bert J. Harris, Jr. Private Property Rights Protection Act cases,
12 with the State having an active role both directly and financially in the defense of such
13 cases.
14
15 The County shall distribute ROGO allocations by ROGO year, as provided in the table
16 below.
17
Annual Allocation
ROGO Year Market rate Affordable
July 13, 2013-July 12, 2014 126 71
July 13, 2014-July 12, 2015 126 71
July 13, 2015-July 12, 2016 126
July 13, 2016-July 12, 2017 126
July 13, 2017-July 12,2018 126
July 13,2018-July 12, 2019 126
July 13, 2019-July 12, 2020 126
July 13, 2020-July 12, 2021 426 64 568 total AFH (total
July 13, 2021-July 12, 2022 4-2-6 64 available immediately)
July 13, 2022-July 12, 2023 4-2-6 64
July 13, 2023-July 12, 2024 62
July 13, 2024- July 12,
62
2025
July 13, 2025-July 12, 2026 62
Total 1,260 710*
*Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key
subarea through the Incidental Take Permit UTP) ending in 2023.
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Ord. -2019 Page 4 of 5
File#2019-043
Exhibit A to Transmittal Resolution
I The State of Florida, pursuant to Administration Commission Rules, may modify the
2 annual allocation rate. Monroe County will request a Rule change from the Administration
3 Commission to authorize the above allocation timeframe and rate.
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5
6 Section 2. Severability.' If any section, subsection, sentence, clause, item, change, or
7 provision of this ordinance is held invalid, the remainder of this ordinance shall
8 not be affected by such validity.
9
10 Section 3. Reveal of Inconsistent Provisions. All ordinances or parts of ordinances in
11 conflict with this ordinance are hereby repealed to the extent of said conflict.
12
13 Section 4., Transmittal. This ordinance shall be transmitted by the Director of Planning to
14 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
15 Statutes.
16
17 Section 5. ]Filing and Effective Date. This ordinance shall be filed in the Office of the
18 Secretary of the State of Florida but shall not become effective until a notice is
19 issued by the State Land Planning Agency or Administration Commission finding
20 the amendment in compliance with Chapters 163 and 380, Florida Statutes and
21 after any applicable challenges have been resolved.
22
23 Section 6.1 Inclusion in the Comvrehensive Plan. The text amendment shall be
24 incorporated in the Monroe County 2030 Comprehensive Plan. The numbering of
25 the foregoing amendment may be renumbered to conform to the numbering in the
26 Monroe County Comprehensive Plan.
27
28 Mayor Sylvia Murphy
29 Mayor Pro Tem Danny L. Kolhage
30 Commissioner Heather Carruthers
31 Commissioner Michelle Coldiron
32 Commissioner David Rice
33
34 BOARD OF COUNTY COMMISSIONERS
35 OF MONROE COUNTY, FLORIDA
36
37 BY
38 MAYOR SYLVIA MURPHY
39 (SEAL)
40
41 ATTEST: KEVIN MADOK, CLERK MONWE COI NTY Trofflwy
42 APrm t
43
'ALLIANS
44 DEPUTY CLERK r
N ATTOP
Ord. -2019 Page 5 of 5
File#2019-043
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The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext.219 F:(305)295-8025
legals@keysnews.com
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
Account: 138694 Ticket: 309598
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Befire the ,un rsig�nedd authority personally appeared
( vl 1 rQ V l�S ,who on oath says that he or she is
l). \ emy of the Key West Citizen, a daily
newspaper publi hed in y West,in Monroe County, Florida;that the attached
copy of advertisment, being a legal notice in the matter of was published in said
newspaper in the issues of: ,
Sunday,September 1,2019 v/
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida every day,and
has been entered as periodicals matter at the post office in Key West, in said
Monroe County, Florida,for a period of 1 year next preceding the first publication
of the attached copy of advertisement;and affiant further says that he or she has
neither paid nor promised any person,firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for publica-
tion in t e said per.
igna ure of Affian)
A ed d su c'bed before me this 2/d day of September 2019
/Pt
(Nota ublic Signature
(Notary blic Printed Name) (Notary Seal) &' .,,� Suelynn Stamper
My commission expires C�. 93— Is: I ' COMMISSION#GG232802
�,,, t:• EXPIRES:June 27, 2022
Bonded
Personally Known X Produced Identification_ �,,,,,400�` lbw Aaron Notary
Type of Identification'Produced
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
NOTICE OF PUBLIC MEETING AND
NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO MONROE
COUNTY COMPREHENSIVE PLAN
NOTICE OF CHANGE TO MONROE
COUNTY TIER OVERLAY DISTRICT MAP
September 18, 2019
NOTICE IS HEREBY GIVEN that on Wednesday, September 18, 2019, the Monroe County
Board of County Commissioners will hold a Public Meeting at the Murray E.Nelson Government
Center,102050 Overseas Highway,Key Largo,FL 33037 to review and receive public comment
for the following items:
PUBLIC HEARINGS:1:30 PM(or as soon thereafter as may be heard):
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
AMENDING POLICY 101.3.2 OF THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO
EXTEND THE TIME PERIOD OF ROGO THROUGH 2026; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL
TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING
FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN
EFFECTIVE DATE.
(FILE 2019-043)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
AMENDING MONROE COUNTY COMPREHENSIVE PLAN POLICY 101.5.31, MAXIMUM
HEIGHT WITHIN OCEAN REEF, A GATED MASTER PLANNED COMMUNITY, TO ALLOW FOR
A MAXIMUM HEIGHT OF 80 FEET WHEN A VARIANCE TO HEIGHT HAS BEEN APPROVED
BY THE MASTER ASSOCIATION, AS PROPOSED BY SMITH HAWKS PL; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING
FOR AN EFFECTIVE DATE.(FILE 2019-023)
A RESOLUTION SETTING THE DATE, TIME, AND PLACE FOR A PUBLIC HEARING
CONCERNING THE PROPOSED ABANDONMENT OF A PORTION OF THE RIGHT-OF-WAY
OF OLD STATE ROAD 4A AND ALL OF THE RIGHT-OF-WAY OF LOOP ROAD LYING WITHIN
SECTION 31, TOWNSHIP 66 SOUTH, RANGE 28 EAST, GOVERNMENT LOT 6; SECTION
6 TOWNSHIP 67 SOUTH, RANGE 28 EAST, GOVERNMENT LOTS 3,2, AND 7; SECTION 7
TOWNSHIP 67 SOUTH, RANGE 28 EAST, GOVERNMENT LOTS 2 AND 4; SECTION 12,
TOWNSHIP 67 SOUTH, RANGE 27 EAST, GOVERNMENT LOTS 6 AND 7; ALSO A 50 FOOT
STRIP KNOWN AS LOOP ROAD, LYING IN SUGARLOAF KEY , SECTION 12, TOWNSHIP 67
SOUTH, RANGE 27 EAST,GOVERNMENT LOTS 1,2,3,5,AND 7;SECTION 11,TOWNSHIP 67
SOUTH,RANGE 27 EAST.(FILE#2019-119)
Copies of the above are available at the Monroe County Planning Department offices in Marathon
and Key Largo during normal business hours and online at: www.monroecounty-fl.gov
Pursuant to Section 286.0105 Florida Statutes, if a person decides to appeal any decision of
the Board of County Commissioners, with respect to any matter considered at the meeting or
hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she
may need to insure a verbatim record of the proceedings is made, which record includes the
testimony&evidence upon which the appeal is to be based.
ADA ASSISTANCE:If you are a person with a disability who needs special accommodations
in order to participate in this proceeding,please contact the County Administrator's Office,
by phoning(305)292-4441, between the hours of 8:30 a.m. -5:00 p.m., no later than five
(5)calendar days prior to the scheduled meeting;if you are hearing or voice impaired,call
"711."
August 31,2019 Key West Citizen