Item G6 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 21.2015 Division: Growth Management
Bulk Item: Yes X No_ Staff Contact Person/Phone#: Christine Hurley 289-2517
AGENDA ITEM WORDING: A resolution of the Board Of County Commissioners of Monroe County, Florida,
directing the Monroe County Planning And Environmental Resources Department to process an ordinance to
defer the approval of applications, commencing January 21, 2015, 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) 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 an interim development ordinance or when the comprehensive plan amendments become
effective,whichever comes first.
ITEM BACKGROUND:
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 the Florida Department of Economic Opportunity (DEO) and the hearing
was continued to December 10,2014,to discuss the following:
• 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. Staff to present draft
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 the Florida Department of Economic Opportunity (DEO). The BOCC directed staff to maintain the existing
adopted height and offshore island policies and to process separate amendments to address these topics. A transmittal
hearing was set for January 14,2015 for the proposed the Monroe County 2030 Comprehensive Plan.
During the special January 14, 2015, BOCC transmittal hearing, the BOCC directed the Planning & Environmental
Resources Department to process an interim development ordinance which defers the acceptance of applications that
include the Transfer of Development Rights to offshore islands, Transfer of ROGO Exemptions to offshore islands, tier
amendments for offshore islands, Map Amendments or Text Amendments having the effect of increasing development
potential on offshore islands until such time as a comprehensive plan amendment process is completed regarding offshore
islands.
PREVIOUS RELEVANT BOCC ACTION:
On January 19, 2011, and on June 20, 2011, Keith and Schnars provided a presentation to the BOCC on the
Technical Document Update (data and analysis) of the Monroe County 2010 Comprehensive Plan
On November 16, 2011, Keith and Schnars provided a presentation to the BOCC on the first portion of the draft
Evaluation and Appraisal Report.
On March 19, 2012, Keith and Schnars provided a presentation to the BOCC on the second portion of the draft
Evaluation and Appraisal Report.
On May 22, 2012, the BOCC adopted, by Resolution 150-2012, the 2012 EAR for the Monroe County
Comprehensive Plan.
On March 21,2014, the BOCC held a special public meeting and reviewed, discussed and provided direction on
the Introduction and Background; Mass Transit Element; Traffic Circulation Element; Capital Improvements
Element; and the Conservation and Coastal Management Element.
On April 23, 2014, the BOCC held a special public meeting and reviewed, discussed and provided direction on
the Energy and Climate Element; Cultural Resources Element; and Future Land Use Element.
On May 22, 2014, the BOCC held a special public meeting and reviewed, discussed and provided direction on the
Sanitary Sewer Element; Drainage Element; Solid Waste Element; Potable Water Element; Intergovernmental
Coordination Element; Ports, Aviation and Related Facilities Element; Housing Element; Recreation and Open Space
Element; Natural Groundwater Aquifer Recharge Element; Public Participation section; Monitoring and Evaluation
section and the Glossary.
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. The BOCC directed staff to process
separate amendments for height and offshore islands(not to include within the 2030 Comprehensive Plan)
On January 14, 2015, the BOCC held a special public hearing (transmittal hearing) and voted to transmit the proposed
amendments (the Monroe County 2030 Comprehensive Plan) to the State Land Planning Agency (without the
amendments for height and offshore islands).
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Staff recommends approval.
TOTAL COST: INDIRECT COST: BUDGETED: Yes _No_
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes_ No AMOUNT PER MONTH Year
APROVED BY: County Any XS/1.7dff OMB/Purchasing Risk Management
DOCUMENTATION:Included X Not Required_
DISPOSITION; AGENDA ITEM#
n
to
MONROE COUNTY,FLORIDA
RESOLUTION NO. -2015
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, 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 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 AN
INTERIM DEVELOPMENT ORDINANCE OR WHEN THE
COMPREHENSIVE PLAN AMENDMENTS BECOME EFFECTIVE,
WHICHEVER COMES FIRST.
WHEREAS, the Board of County Commissioners of Monroe County, at a special meeting on
January 14, 2015 in Marathon , Florida unanimously passed a motion to direct staff to impose a
temporary moratorium upon certain development applications of Offshore Islands due to pending
legislation; and
WHEREAS,Monroe County is currently in the process of updating its Comprehensive Plan,to
the 2030 Comprehensive Plan which includes updates and revisions on policies regulating
development on all lands within the County,including Offshore Islands; and
WHEREAS, on December 10, 2014, the Board of County Commissioners directed that
pending and proposed new Comprehensive Plan amendments specifically concerning Offshore Islands
and building height restrictions be removed from the larger Comprehensive Plan update project and
that each be considered as a separate and distinct Comprehensive Plan Amendment to be voted upon
and submitted to the State of Florida separately from the rest of the cumulative Comprehensive Plan
update project package; and
WHEREAS, during a special meeting of the Board of County Commissioners to consider the
transmittal of the 2030 Comprehensive Plan amendment package on January 14, 2015, a discussion
was held and motion made and passed to direct staff not to accept any applications regarding Offshore
Islands that would involve a Transfer of Development Rights to Offshore Islands, Transfer of ROGO
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Exemptions to Offshore Islands, and Map Amendments or Text Amendments that would bring about
increased density or intensity to Offshore Islands; and
WHEREAS, the Comprehensive Plan amendment process remains pending and an ongoing
process, an ordinance to prohibit new applications from being processed is necessary to ensure new
Amendment(s) regarding Offshore Islands are fully evaluated, including the provision of public
participation in the planning process; and
WHEREAS, absent an ordinance addressing the interim time period between the current
adopted Comprehensive Plan and the adoption of the new Amendment(s), regarding Offshore Islands,
Offshore Islands will be subject to potential development that fails to address Tier designations,habitat
review and/or consideration of new Comprehensive Plan policies currently under review and
consideration by the Board of County Commissioners; and
WHEREAS, staff has been directed to process an ordinance to ensure that no Transfer of
Development Rights to offshore islands, Transfer of ROGO Exemptions to offshore islands, tier
amendments for offshore islands, Map Amendment or Text Amendment applications increasing
development potential on offshore islands will be accepted until new and revised Monroe County
Comprehensive Plan Amendment(s) concerning offshore islands has been formally adopted and
approved by the State of Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY:
Staff of the Planning & Environmental Resources Department shall process an interim development
ordinance which defers the approval of applications that include the Transfer of Development Rights to
offshore islands, Transfer of ROGO Exemptions to offshore islands, tier amendments for offshore
islands,Map Amendments or Text Amendments having the effect of increasing development potential
on offshore islands, commencing January 21, 2015, until such time as a comprehensive plan
amendment process is completed regarding offshore islands. The proposed interim development
ordinance shall provide for a sunset date no greater than 365 days from its effective date or when the
comprehensive plan amendments become effective, whichever comes first.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the 21st day of January, 2015.
Mayor Danny L. Kolhage
Mayor Pro Tern Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
Commissioner Sylvia Murphy
Attest: AMY HEAVILIN,CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA
By: By:
Deputy Clerk Mayor
(SEAL) [MPRATTORNEY
P PROVED
[E�D TO FOPM: Page 2 of 2
Sn ;EN :
ASSISTANT COUNTY ATTORNEY
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