Item C2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 20, 2011 Division: Growth: Management
Bulk Item: Yes No X Department: Planning and Env. Resources
Staff Contact /Phone #: Christine Hurley Ext # 2517
AGENDA ITEM WORDING: Approval of a resolution to transmit to the Florida Department of
Community Affairs (DCA), an amendment to the Monroe County 2010 Comprehensive Plan Goal 107 and
Objective 107.1 that refines the definition and application of Sub Area designations which limit the density and
intensity allowed within a Future Land Use Map category.
ITEM BACKGROUND: Goal 107 and Objective 107.1 of the Monroe County 2010 Comprehensive Plan
establishes criteria for the application of Sub Area policies which limit the density and intensity of allowable
land uses within an underlying Future Land Use Map category. Goal 107 and Objective 107.1 were first
developed as part of a Settlement Agreement related to a Future Land Use Map (FLUM) Amendment submitted
by MDJ Investments. The Board of County Commissioners (BOCC) adopted Ordinance 021 -2010 on June 29,
2010, which adopted Goal 107, Objective 107.1 and Policy107.1.3, Specific Limitations on Key Largo Mixed
Use Area 1 (MDJ Property). The Florida Department of Community Affairs (DCA) submitted a Notice of Intent
to find Ordinance 021 -2010 In Compliance on November 1, 2010.
A Settlement Agreement related to a FLUM Amendment submitted by Roseann and Rudolph Krause, was
approved by the BOCC on October 20, 2010 in DOAH Case No. 09 -4153GM. The resulting Ordinance No.
028 -2010, was adopted by the BOCC on October 20, 2010, adopted Goal 107, Objective 107.1, and Policy
107.1.2, Ramrod Key Mixed Use Area 1 (Krause Property). The DCA Notice of Intent found Ordinance 028-
2010 In Compliance with the Stipulated Settlement Agreement on January 27, 2011.
During the October 20, 2010, public hearing, the BOCC directed staff to prepare an amendment that refines the
application of Goal 107 and Objective 107.1 as requested during the public hearing by the representatives of
Last Stand. Last Stand has recommended that Goal 107 and Objective 107.1 be further refined to limit its
application to promote the preservation of environmentally sensitive areas that also contain some scarified area
with a pre - existing non - conforming use to prevent the sub -area policy being utilized for vacant land. The
proposed amendment addresses these concerns without affecting the application of the Rate of Growth
Ordinance, Tier Mapping System, and land clearing limitations specified within the Monroe County
Comprehensive Plan and Land Development Code.
PREVIOUS RELEVANT BOCC ACTION:
The Board of County Commissioners (BOCC) adopted Ordinance 021 -2010 on June 29, 2010, which adopted
Goal 107, Objective 107.1 and Policyl07.1.3, Specific Limitations on Key Largo Mixed Use Area 1 (MDJ
Property).
The Board of County Commissioners (BOCC) adopted Ordinance 028 -2010 on October 20, 2010, which
adopted Goal 107, Objective 107.1 and Policy107.1.2, Ramrod key Mixed Use Area 1 (Krause Property).
CONTRACT /AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST n/a INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: n/a SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM # C ' a
MEMORANDUM
MONROE COUNTY PLANNING DEPARTMENT
We strive to be caring, professional and fair
To:
Through:
From:
Date:
RE:
Meeting Date:
Monroe County Board of County Commissioners
Christine Hurley, AICP, Growth Management Division Director
Mitchell N. Harvey, AICP, Comprehensive Planning Manager
May 31, 2011
Amendment to Goal 107 and Objective 107.1
June 20, 2011
1 L BACKGROUND
2
3 Goal 107 and Objective 107.1 of the Monroe County 2010 Comprehensive Plan
4 establishes criteria for the application of Sub Area policies which limit the density and
5 intensity of allowable land uses within an underlying Future Land Use Map category.
6 Goal 107 and Objective 107.1 were first developed as part of a Settlement Agreement
7 related to a Future Land Use Map (FLUM) Amendment submitted by MDJ Investments.
8 The Board of County Commissioners (BOCC) adopted Ordinance 021 -2010 on June 29,
9 2010, which adopted Goal 107, Objective 107.1 and Policy107.1.3, Specific Limitations
10 on Key Largo Mixed Use Area 1 (MDJ Property). The Florida Department of
11 Community Affairs (DCA) submitted a Notice of Intent to find Ordinance 021 -2010 In
12 Compliance on November 1, 2010.
13
14 A Settlement Agreement related to a FLUM Amendment submitted by Roseann and
15 Rudolph Krause, was approved by the BOCC on October 20, 2010 in DOAH Case No.
16 09- 4153GM. The resulting Ordinance No. 028 -2010, was adopted by the BOCC on
17 October 20, 2010, adopted Goal 107, Objective 107.1, and Policy 107.1.2, Ramrod Key
18 Mixed Use Area 1 (Krause Property). The DCA Notice of Intent found Ordinance 028-
19 2010 In Compliance with the Stipulated Settlement Agreement on January 27, 2011.
20
21 During the October 20, 2010, public hearing, the BOCC directed staff to prepare an
22 amendment that refines the application of Goal 107 and Objective 107.1 as requested
23 during the public hearing by the representatives of Last Stand. Last Stand has
24 recommended that Goal 107 and Objective 107.1 be further refined to limit its application
25 to promote the preservation of environmentally sensitive areas that also contain some
Page 1 of 4
1 scarified area with a pre - existing non - conforming use to prevent the sub -area policy
2 being utilized for vacant land. The proposed amendment addresses these concerns
3 without affecting the application of the Rate of Growth Ordinance, Tier Mapping System,
4 and land clearing limitations specified within the Monroe County Comprehensive Plan
5 and Land Development Code.
6
7 On March 9, 2011, the Monroe County Planning Commission approved Resolution P07-
8 2011 recommending that the the BOCC transmit the following Comprehensive Plan
9 Amendment to the Florida Department of Community Affairs.
10 GOAL 107 ✓
11 Monroe County shall regulate land use and development activities of scarified anwe
12 films peffiens of panels eentaining ewVk0fiffieatWy seimifive afess, portions of feels
13 property with 50% or more environmentally sensitive land that contains an existing
14 nonconforming use. by the enactment of area- specific regulations that allow
15 development to occur subject to limitations and conditions designed to protect natural
16 resources. For this Goal to be used, scarified portions of property shall not have been
17 created pMosefully without benefit of Kermit, as evidenced by pictorial aerial
18 examination. 0 r _a_7 o f k" ✓r # - a rn a va. i � a b (L- 4 =u & � O -
19 / f n *
20 Objective 107.1
21 Monroe County shall coordinate -bland fuse with the Belements of the
22 Comprehensive Plan through Ffuture -bland iUuse Belement - ,sub -Aarea (policies
23 solely -Aapplieable to a &specific Ggeographic urea. These sub -area policies
24 identify parcels of land that require narrowly-tailored regulation in order to
25 confine development potential to an area or extent less than the maximum
26 development potential allowed by the its underlvins Future Laand Upse Mau
27 category. The development parameters established for each sub -area shall be
28 based either on an inventory of uses and facilities established on the parcel or by
29 data and analysis supporting the specific sub -area limitations. Environmentally
30 sensitive areas shall be preserved through the awlication of such methods as
31 conservation easements that require mandatory eradication of exotic invasive
32 vegetation.
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35 H. PROCESS
36
37 Amendments to the Goals, Objectives, and Policies of the Comprehensive Plan may be
38 proposed by the Board of County Commissioners (BOCC), the Planning Commission or
39 the Director of Planning. The Director of Planning shall review and process amendments
40 and pass them on to the Development Review Committee and the Planning Commission
41 for recommendation and final approval by the BOCC.
42
43 The Planning Commission and the BOCC shall each hold at least one public hearing on a
44 proposed amendment. The Planning Commission shall review the amendment, the
45 reports and recommendations of the Department of Planning & Environmental Resources
Page 2 of 4
1 and the Development Review Committee, and the testimony given at the public hearing,
2 and shall submit its recommendations and findings to the BOCC. The BOCC shall
3 consider the staff report, recommendation, and testimony given at the public hearings and
4 may either deny the application or adopt or not adopt a resolution transmitting the
5 proposed amendment to the DCA. Amendments are then reviewed by the Florida
6 Department of Community Affairs and returned to the County with objections, rejections
7 and comments to be considered prior to adoption of the ordinance. Then, a hearing is
8 scheduled before the BOCC, where they have the opportunity to adopt, adopt with
9 changes, or not adopt the proposed Comprehensive Plan amendment.
10
11 III. Consistency with the Monroe County 2010 Comprehensive Plan.
12 Staff finds the proposed amendment consistent with Monroe County 2010
13 Comprehensive plan as a whole and is not inconsistent with any one Goal, Objective, or
14 Policy.
15
16 IV. Consistency with the Principles for Guiding Development in the Florida Keys
17 Area of Critical State Concern pursuant to Section 380.0552(7), F.S. For the
18 purposes of reviewing consistency of the adopted plan or any amendments to that plan
19 with the principles for guiding development and any amendments to the principles, the
20 principles shall be construed as a whole and no specific provision shall be construed or
21 applied in isolation from the other provisions.
22
23 (a) Strengthening local government capabilities for managing land use and
24 development so that local government is able to achieve these objectives without
25 continuing the area of critical state concern designation.
26 (b) Protecting shoreline and marine resources, including mangroves, coral reef
27 formations, seagrass beds, wetlands, fish and wildlife, and their habitat.
28 (c) Protecting upland resources, tropical biological communities, freshwater wetlands,
29 native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges
30 and beaches, wildlife, and their habitat.
31 (d) Ensuring the maximum well -being of the Florida Keys and its citizens through
32 sound economic development.
33 (e) Limiting the adverse impacts of development on the quality of water throughout the
34 Florida Keys.
35 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
36 environment, and ensuring that development is compatible with the unique historic
37 character of the Florida Keys.
38 (g) Protecting the historical heritage of the Florida Keys.
39 (h) Protecting the value, efficiency, cost - effectiveness, and amortized life of existing
40 and proposed major public investments, including:
41 1. The Florida Keys Aqueduct and water supply facilities;
42 2. Sewage collection, treatment, and disposal facilities;
43 3. Solid waste treatment, collection, and disposal facilities;
44 4. Key West Naval Air Station and other military facilities;
45 5. Transportation facilities;
46 6. Federal parks, wildlife refuges, and marine sanctuaries;
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7. State parks, recreation facilities, aquatic preserves, and other publicly owned
properties;
8. City electric service and the Florida Keys Electric Co -op; and
9. Other utilities, as appropriate.
(i) Protecting and improving water quality by providing for the construction, operation,
maintenance, and replacement of stormwater management facilities; central sewage
collection; treatment and disposal facilities; and the installation and proper operation and
maintenance of onsite sewage treatment and disposal systems.
0) Ensuring the improvement of nearshore water quality by requiring the construction
and operation of wastewater management facilities that meet the requirements of ss.
381.0065 and 403.086 10), as applicable, and by directing growth to areas served by
central wastewater treatment facilities through permit allocation systems.
(k) Limiting the adverse impacts of public investments on the environmental resources
of the Florida Keys.
0) Making available adequate affordable housing for all sectors of the population of the
Florida Keys.
(m) Providing adequate alternatives for the protection of public safety and welfare in
the event of a natural or manmade disaster and for a postdisaster reconstruction plan.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys
and maintaining the Florida Keys as a unique Florida resource.
Staff finds the proposed amendment consistent with the Principles for Guiding
Development as a whole and is not inconsistent with any one principle.
V. Staff Recommendation:
Staff recommends approval.
VI. Exhibits
A. Ordinance 021 -2010
B. Ordinance 028 -2010
C. Letter dated 10/20/10 from Last Stand
Page 4 of 4
r
ORDINANCE 021 -2010
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE MAP
DESIGNATION FROM RESIDENTIAL. LOW (RL) TO MIXED USE /
COMMERCIAL (MC) FOR PROPERTY LEGALLY DESCRIBED AS LOTS 13,
14, 15, 16, 17 AND 18, THOMPSONS SUBDIVISION, SECTION "A
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1,
PAGE 147, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NUMBER 00440100.000000 LOCATED AT 99101
OVERSEAS HIGHWAY, KEY LARGO, APPROXIMATE MILE MARKER 99.1
WHEREAS, the subject property is located at Mile Marker 99.1, Key Largo, Florida and is
legally described as Thompson's Subdivision, Key Largo, PBl -147 Lots 13 -18, Monroe County,
Florida having real estate number 00440100.000000 ; and
WHEREAS, during a regularly scheduled meeting held on October 6, 2009, the
Development Review Committee of Monroe County conducted a review and consideration of a
request by MDJ Investments. LLC for a future land use map amendment in accordance with the
provisions and intent of Monroe County Comprehensive Plan Policy 101.4.5; and
WHEREAS, during a regularly scheduled public meeting concerning the subject property
held on January 27, 2010, the Planning Commission conducted a public hearing and approved
Resolution P40-09 recommending approval to the BOCC to amend the Future Land Use Map from
Residential Low (RL) to Mixed Use / Commercial (MC) in accordance with the provisions and intent
of Monroe County Comprehensive Plan Policy 101.4.5; and
WHEREAS, during a special public meeting held on February 22, 2010. the Monroe County
Board of County Commissioners conducted a public hearing approving the transmittal of a resolution
to the DCA at the request of MDJ Investments, LLC, proposing an ordinance to amend the subject
property's Future Land Use Map designation from Residential Low (RL) to Mixed Use / Commercial
(MC); and
WHEREAS, the Florida Department of Community Affairs (DCA) submitted its Objections,
Recommendations and Comments (ORC) report for the proposed amendment (Exhibit A). The
DCA's recommendation included creating a site - specific policy to limit commercial development to
an amount that ensures the protection of the hardwood hammock, prohibits the clearing of native
hardwood hammock on the site, and prohibits the development of residential dwelling units and
transient units; and,
SOCC,ldoptam Packet MDJ Investments. LLC. June 29.2A1p Future [and Use Map Amendment page 1 4F5
WHEREAS, as a response to the DCA's ORC Report 10 -1. the following sub area policy was
created:
3.2 Sub -Area Policies
G AL 107
Monroe County shall regulate land use and development activities of scarified and/or filled portions
of parcels containing environmentally sensitive areas, by the enactment of area - specific regulations
that allow development to occur subject to limitations and conditions designed to protect natural
resources.
Or„ j ve 107.1
Monroe County shall coordinate Land Use with the Elements of the Comprehensive Plan
through Future Land Use Element Sub -Area Policies Applicable to a Specific Geographic Area.
These sub -area policies identify parcels of land that require narrowly-itailored regulation in
order to confine development potential to an area or extent less than the maximum development
potential allowed by the future land use category. The development parameters established for
each sub -area shall be based either on an inventory of uses and facilities established on the
parcel or by data and analysis supporting the specific sub -area limitations.-
Pdla 107.1.3 Sg joc LWIAlaWO on Bev L w hfiixed Use Area 1
The following land uses shall be allowed on the following parcel: parcel
00440100.000000 (0.62 acres; legally described as Lots 11, 12, 13, 14, 15, 16, 17 and
18, 19 and 20, Block 2, THOMPSONS SUBDIVISION, Section "A ". according to the
plat thereof, as recorded in Plat Book 1, at Page 147, of the Public Records of Monroe
County, Florida; and the East 10 feet of that portion of Fisherman's Trail, adjacent and
contiguous to the West boundary line of Lots 15 and 16, Block 2, lying between the
North Line of Sailfish Trail and the Southeasterly Right -of -Way line of Old State Road
4A, in Thompson Subdivision, Section "A ", according to the plat thereof, as recorded
in Plat Book 1, at Page 147, of the Public Records of Monroe County, Florida and on
which a concentration of non - residential uses exists, including approximately 2,968f?
of commercial floor area. Development of the Key Largo Mixed Use Area shall be
subject to regulations applicable to the Mixed Use / Commercial (MC) Future Land
Use Map as well as the additional restrictions set out below:
1. There shall be a maximum commercial floor area ratio of 0.30.
2. There shall be no residential or transient units.
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners snakes the following Findings of Fact and Conclusion of Law:
1. The proposed FLUM amendment is consistent with the provisions and intent of the
Monroe County Year 2010 Comprehensive Plan Goal 101, Objective 101.4, Policy
101.4.5 and Goal 105.
2. The proposed FLUM amendments are consistent with Sec. 102- 158(dX5)b.5. and Sec.
102- 158(dx5)b.6. of the Monroe County Land Development Regulations, particularly
subsection 'data errors' and 'recognition of a need for additional detail or
comprehensiveness'.
BOCC Adtggion Pnket MDJ lnvmtt=nM L LC. June 29. 2010 Future Land Use Map Amendment Pa
>ie
3. On July 23, 1976, the MC Zoning Board adopted Resolution 20 -1975 approving a
zoning change to BU -1 on the property with a special use permit approving retail
sales for furniture and clothing only.
4. Building Permit Number C1809 was issued on August 13, 1976 for land clearing on
Blocks 13, 14, 15 and 16 on U. S. 1 and Grouper Trail.
5. Properties adjacent to the subject property to the south and west are Tier 1. Properties
to the north of the subject parcel are in a Tier 3 and a small portion to the north is Tier
1. The future land use designation to the north is Mixed Use / Commercial (MC).
6. The proposed FLUM amendment is consistent with the Goals, Strategies and Action
Items from the Key Largo Livable CommuniKeys Plan, particularly Goal 1 which
states: "Direct future growth to lands that are most suitable for development and
encourage preservation of environmentally sensitive lands."
7. The proposed PLUM amendment is consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern pursuant to F.S.
Chapter 380.0552(7).
8. The proposed FLUM amendment is consistent with the surrounding future land use
map designation of Mixed Use / Commercial (MC).
9. The proposed FLUM amendment may affect local traffic, parking and circulation, but
not significantly.
10. A site visit was conducted by the Monroe County Biologist on May 21, 2010 who
reported the following:
"The South property line is located within a narrow strip of tropical hardwood
hammock. The five ft wide section just inside the entire length of the South
property line is comprised of almost entirely native species: just inside of that
section is a parallel area approximately five ft wide that consists of native
hammock species mixed with juvenile non - native Lead Tree (Leucaena
leucocephala). If the Lead Tree were removed from that area, there would be
enough native understory vegetation remaining for it to be considered tropical
hardwood hammock. The areas near the East property line and Southeast of the
building contain mostly native canopy trees, but little native understory vegetation.
The ground cover there is dominated by grasses and non- native vegetation with a
few scattered native seedlings."
11. The Monroe County Land Development Code Section 118 -9 permits 20% clearing of
upland native vegetation on Tier 1 lands.
12. The Comprehensive Plan Policy 101.4.22 permits 20% clearing on Tier 1 lands
NOW THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIRDA:
Section 1 . The Board specifically adopts the findings of fact and conclusions of law stated
above.
SOCC Adoption Packet MDJ invet:taients. LLC. June 29.2010 Future Lauri Use Map AAtaWnlent Fag. 3 c f 5
�e_„dJW Z. The subject property with Real Estate number 00440100.000000 and Iegally
described above which is currently designated Residential Low (RL) on the
Monroe County Future Land Use Map shall be designated Mixed Use /
Commercial (MC) as demonstrated on "Exhibit B" subject to the text changes
in Section 3 below.
Sect
lJo 3 . The text of the Monroe County Year 2010 Comprehensive Plan shall be
amended as demonstrated on "Exhibit C" and as follows:
3.2 Sub-Area Policies
GOAL 107
Monroe County shall regulate land use and development activities of scarified and/or filled
portions of parcels containing environmentally sensitive areas, by the enactment of area -
specific regulations that allow development to occur subject to limitations and conditions
designed to protect natural resources.
Objective 107.1
Monroe County shall coordinate Land Use with the Elements of the Comprehensive
Plan through Future Land Use Element Sub -Area Policies Applicable to a Specific
Geographic Area These sub -area policies identify parcels of land that require narrowly-
tailored regulation in order to confine development potential to an area or extent less
than the maximum development potential allowed by the future land use category. The
development parameters established for each sub -area shall be based either on an
inventory of uses and facilities established on the parcel or by data and analysis
supporting the specific sub -area limitations.
Policy 107.1.1 Reserved
Policy 107.L2 Reserved
Policy 107.1.3 Specific Limitations on Key Largo Nflxed Use Area 1
The Key Largo Mixed Use Area I has a concentration of non - residential uses
currently existing, including approximately 2,968fe of commercial floor area.
The current Real Estate Parcel number is 00440100.000000, contains 0.62
acres and is legally described as:
Lots 11, 12, 13, 14. 15, 16, 17 and 18, 19 and 20, Block 2, THOMPSONS
SUBDIVISION, Section "A ", according to the plat thereof, as recorded in Plat
Book 1. at Page 147, of the Public Records of Monroe County, Florida, and the
East 10 feet of that portion of Fisherman's Trail, adjacent and contiguous to the
West boundary line of Lots 15 and 16, Block 2, lying between the North Line
of Sailfish Trail and the Southeasterly Right -of -Way line of Old State Road 4A,
in Thompsons Subdivision, Section "A ", according to the plat thereof, as
recorded in Plat Book 1, at Page 147, of the Public Records of Monroe County,
Florida.
BOCC Ad Vflm Packet MD1 kuvestmmts. LLC. ,turn 29.2010 Futum Land Use Map Amendment page a ( of 9-
Development in the Key Largo Mixed Use Area 1 shall be subject to
regulations applicable to the Mixed Use / Commercial (MC) Future Land Use
Designation as well as the additional restrictions set out below:
1. The maximum commercial floor area ratio of 0.30.
2. There shall be no residential units.
Seddon 4. These provisions may be renumbered accordingly if necessary in the Monroe
County Year 2010 Comprehensive Plan.
Section 5• 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 invalidity.
Se cdon 1. All ordinances or parts of ordinance in conflict with this ordinance are herby
repealed to the extent of said conflict. The repeal of an ordinance herein shall
not repeal the repealing clause of such ordinance or revive any ordinance which
has been repealed thereby.
Sectim The Planning Director shall transmit this ordinance to the Florida Department
of Community Affairs pursuant to Section 163.3184(7) and Chapter 380,
Florida Statutes.
S This ordinance shall be filed in the Office of the Secretary of State of the State
of Florida, but shall not become effective until a notice is issued by the
Department of Community Affairs or Administration Commission approving
the ordinance and as provided by law.
PASSED AND ADOPTED by the Board of County Commissioners
%ridVt a special meeting held on the 29 day of June A.D., 2010.
CD O 0-
w = aF . Mayor Sylvia J. Murphy
W ,� ;. J : - . Mayor Pro Tem Heather Carruthers
Commissioner Kim Wigington
U- t Commissioner George Neugent
Commissioner Mario Di Gennaro
w 7 :
of Monroe County,
Yes
Yes
Yes
Abse
Abse
BOARD OF COUNTY CO IONERS OF
MONROE COU 3!]q�
A
BY
Mayor Sylvia J. Murphy
ATTEST: DANNY L. KOLHAGE. CLERK
MOLAR E COMM AM MEY
PP O 60 A8 TO FOR
DEPUTY CLERK
BOCC Adoption Packa MOJ hwmn enis. LLC. June Forum Land Use Map Am=Wmant Page 6 f75
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L ' t '�
Q$DWANCE NO. 028 -2010
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS CREATING GOAL 107,
OBJECTIVE 107.1 AND POLICY 107.1.2 OF THE MONROE
COUNTY YEAR 2010 COMPREHENSIVE PLAN TO ESTABLISH
A POLICY FOR PROPERTY DESCRIBED AS RAMROD KEY
MIXED USE AREA 1 COMPRISED OF A PORTION OF RE #
00114150- 000000 (8.46 ACRES) AND ALL OF RE # 00114150.000400
(2.6 ACRES), RAMROD KEY, MONROE COUNTY, FLORIDA,
GULF SIDE, APPROXIMATELY MILE MARKER 26.5;
PROVIDING FOR SEVERABILPTY; 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, Roseann & Rudolph Krause ( Applicant) submitted an application to amend
the Monroe County Year 2010 Comprehensive Plan on April 29, 2008 from Residential Low
(RL) to Mixed Use / Commercial on the entire RE # 00114150 - 000400 (2.6 acres) and on a
portion of RE # 00114150- 000000 (8.46 acres); and
WHEREAS, a public hearing took place on January 26, 2009 to consider transmittal of a
Resolution 2009 -003 to the Florida Department of Community Affairs (DCA) at the request of
Roseann & Rudolph Krause, proposing an ordinance to amend the subject property's Future
Land Use Map (FLUM) designation from Residential Low (RL) to Mixed Use / Commercial
(MC); and
WHEREAS, the DCA sent its Objections, Recommendations and Comments (ORC) to
the 09 - Monroe County Comprehensive Plan Amendment package on April 7, 2009 and
WHEREAS, on Tune 2, 2009, the Future Lead Use Map amendment was adopted by the
BOCC by Ordinance 018 -2009 which was accompanied by the staff report addressing the ORC;
and
P. t of 5
BOCQ Ocldbe= 20, 202 0
EXWA l — sadeni t ASoeUUM
Bx 2 — PAme Lod Us* Plan— of the Comop=hmelve Plea
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WHEREAS, Ordinance 018 -2009 was the subject of DOAH Case No. 09- 4153GM
between the DCA, the County and the Applicant, as Intervernors; and
WHEREAS, the DCA issued its Statement of Intent (Exhibit A of attached Settlement
Agreement Exhibit 1) finding the amendment not in compliance pursuant to Section
163.3184(10), Florida Statutes, and Rule W- 11.012(6 F.A.C.; and
WHEREAS, the Applicant has consented to the Settlement Agreement (Exhibit 1) and
the Settlement Agreement was approved by the County on October 20, 2010 and by the DCA on
October 20, 2010; and
WHEREAS, Exhibit B of the attached Settlement Agreement (Exhibit 1) includes
proposed text to be added to the Monroe County C mprehensive Plan designating Ramrod Key
Mixed Use Area 1 that includes specific regulations that allow development to occur subject to
limitations and conditions designed to protect natural resources; and
:iO T
WHEREAS, Monroe County supports the creation of Ramrod Key Mixed Use Area 1;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMIVIISSIONERS OF MONROE COUNTY, FLORIDA:
Sew }n The Monroe County Year 2010 Comprehensive Plan is amended pursuant to the
Settlement Agreement (Exhibit 1) as shown on the attached Exhibit 2 to create Goal
107, Objective 107.1, and Policy 107.1.2 that establishes a Ramrod Key Mixed Use
Area 1 as described below.
Sectin 2. The Monroe County 2010 Comprehensive Plan is amended as follows:
GO AL 107
Monroe County shall regulate land use and development activities of scarified and/or filled
portions of parcels containing environmentally sensitive areas, by the enactment of area- specific
regulations that allow development to occur subject to limitations and conditions designed to
protect natural resources.
Obiedive 107.1
Monroe County shall coordinate Land Use with the Elements, of the Comprehensive Plan
through Future Land Use Element Sub -Area Policies Applicable to a Specific Geographic
Area. These sub -area policies identify parcels of land that require narrowly- tailored
regulation in order to confine development potential to an area or extent less than the
maximum development potential allowed by the future land use category. The
development parameters established for each sub -area shall be based either on an
inventory of uses and facilities established on the parcel or by data and analysis
supporting the specific sub -area limitations
Policy 107.1.1 Reserved
P. 2 of 5 BOCC: October 20, 2010
Edit I — SdKkM at AgraerMs
Bait 2 — Ferrite Led We Veaent of the Ca mpreheouve Plan
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Only the land uses listed in paragraphs 1-4 below shall be allowed on the parcels
shown in the table folio . as Ramrod Key Mixed Use Area 1:
REAL ESTATE
NUMBER
TOTAL
ACREAGE
ACRES
FLUM
DESIGNATION
CONSERVATION
EASEMENT
ACREAGE
BERM TO BE
LOCATED ON
PARCEL
0.79
N/A
N/A
Ramrod Key
00114150- 000000
18.12
8.46
Mixed Use Area
N/A
x
1
8.87
RC
8.87
Ramrod Key
00114150-000400
2.6
2.6
Mixed Use Area
0
1
And on which a concentration of non - residential uses exists, including
approximately 15,325 square feet of commercial floor area devoted to the uses
listed below.
1. Storage, warehousing, and processing of equipment and materials
utilized or generated in construction, demolition and land clearing,
together with ancillary activities, including, but not limited to:
a. Administrative offices.
b. Workshops and equipment maintenance areas, outdoors
and within structures.
C. Garages and outdoor parking for construction and
demolition equipment and machinery.
d. Outdoor and covered storage and processing of demolition
debris and constr u;tion materials.
e. Storage buildings.
i Above - ground fuel tanks.
2. An antenna supporting structure with accessory building.
3. Residential uses consistent with the former RL fit= land use map
designation and with SS zoning. Single family residences shall be limited
to the existing residence (including any replacement thereof) and no more
than four (4) additional single family residences.
4. Outdoor storage, refinishing, repair and/or rebuilding of vehicles, boats
and trailers that do not constitute a heavy industrial use.
P. 3 of 5
BOCC: Clot* x 20, 2010
Bathmh 1— 80houN Asmame d
Etth[btit 2 — Famm Land Uu Eamat ofthe Compahmdve Plan
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Development of the Ramrod Key Mixed Use Area 1 shall be subject to the restrictions set
out below:
1. Wetlands and hammock areas adjacent to outdoor storage shall be protected by:
a. Recordation of a conservation easement prohibiting all development activities
on the approximately 8.87 acres of wetlands within the Easterly portion of
parcel 00114150- 000000. The area to be conserved is delineated on the map
below.
b. Construction and maintenance of a berm, no less than 3 feet in height, on scarified land along
the westerly edge of the wetlands portion of parod 00114150- 000000 as depicted on the map
below, to protect the wetlands from stormwater runoff. Prior to issuing any permit for berm
construction, Monroe County shall require submission of a stormwater management plan
adequate to protect the wetlands portion of the parcel from degradation attributable to
stormwater runoff from the adjacent scarified portion utilized for outdoor storage,
construction, and demolition activities.
RAMROD KEY MIXED USE AREA 1
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H
RAMROD KEY
ArNY NyN�M1MAi•L • Il�p
WOO
XW Rrwd YY IINAr. US H*ANndrw! /f 1�►
"01*0 HNiow me f
2. Development shall be contingent on any required coordination and/or approval
from the United States Fish 8t Wildlife Service.
P.4of5
BOCC: October 20, 2010
omuinloomw
USE AREA 1 w„► NC We se)
•`� CONSERVATION EASEMENT
00114150-000000
RC (8.67 ac)
7
EAM 1— s.aWm" Apeemm
F3chtbit 2 —F acme LodUts Mama oftbe Cave Pion
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Iggga 3. 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.
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All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
This ordinance shall be transmitted by the Director of Planning to the Department
of Community Affairs pursuant to Chapter 163 and 380, Florida Statutes.
This ordinance shall be filed in the Office of the Secretary of the State of Florida
but shall not bee ne effective until a notice is issued by the Department of
Community Affairs or Administration Commission finding the amendment in
compliance with Chapter 163, Florida Statutes and after any applicable appeal
periods have expired.
The numbering of the foregoing amendment may be renumbered to conform to
the numbering in the Monroe County Year 2010 Comprehensive Plan and shall be
incorporated in the Monroe County Year 2010 Comprehensive Plan.
24 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
25 j4or9& at a regular meeting held on the 20th day of October A.D., 2010.
26 i
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27 U
Oki =
Mayor Sylvia Murphy
Yes
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Mayor pro tem Heather Carruthers
Yes
29 a
Commissioner Kim Wigington
Ito
30 U-
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Commissioner Mario Di Geanaro
Yes
31 e
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Commissioner George Neugent
Yes
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_4
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
OF
BY
MayoftylviAdurphy
42 ATTES1 DANNY L. KOLHAGE, CLERK
43
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45 DEPUTY C URK
P. S of 5
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BOCC: October 20, 7010
Fshibok t — ssttkmeot AVWGW t
Ex 2 — FW= resod Use Biement oitb8 CompMb ive Plan
October'20, 2010
Board of County Commissioners
My name is Naja Girard, I reside at 1214 Newton Street, Key West. I am a board
member. of Last Stand and will be speaking on behalf of Last Stand today.
Although we understand that the Comp Plan text amendments creating Goal 107 and
Objective 107 and corresponding "sub -area policies" appear to have been helpful in
appropriately zoning the MDJ Investment properties (and now the Krause property), Last
Stand nonetheless remains convinced that the language contained in the proposed
amendment is overly broad and lacks important safeguards to ensure that it will not create
an incentive to intentionally "scarify" land as well as a temptation to "spot zone" and
increase urban sprawl.
We must remember that the result of this Goal will be to increase the density /intensity of
property and thus the fair- market value. The adoption of Goal 107 and Objective 107
will create an increased expectation for development of parcels containing scarified
and/or filled land and the language used in its creation should be very carefully
considered so as not to result in unintended consequences.
I was able to speak with Rebecca Jetton (DCA) yesterday about Goal 107.
During our converation, Ms. Jetton recommended that if we had any suggestions for
added language which would help provide better safeguards, we share them with Ms.
Hurley, Ms. Grimsley and the Board of County Commissioners at today's meeting.
We have put together a preliminary list of issues and ideas on possible additional
language which we hope will be considered prior to voting on the transmittal of Goal
107.
Issue #1: Creation of incentive to "scarify" land. Some people will
intentionally "scarify" their land and then request a special "sub-
area policy ".
Possible Solution: Require that an applicant show evidence that the "scarification" of
the land pre -dates the creation of the Goal. Newly scarified land
should not be eligible for a "sub -area policy ". Ms. Jetton referred
to maps which are in existence for each parcel of land in Monroe
County - likely the same maps used in the Tier designation
process.
Issue #2: Why include the words "and/or filled "? This creates a false
presumption that portions of parcels that contain fill should
necessarily be developed. We see no rational basis for this. Land
composed of "fill" may also contain vast amounts of native
vegetation and may provide viable habitat for wildlife, additionally
land composed of "fill" may nonetheless be remote from
infrastructure and services rendering it inappropriate for
development.
Possible Solution: Delete these words.
Issue #3: Temptation to unnecessarily "spot zone" gM parcel that contains a
"scarified and/or filled portion" that is in proximity to
environmentally sensitive land.
Possible Solution: Require a showing that the property does NOT fit into any existing
FLUM category.
Issue #4: There is a danger of using Goal 107 as a "magic wand" making all
other land -use laws disappear. [Remember Wisteria Island: The
"sub -area policy" created under Goal 107 with respect to Wisteria
Island resulted in the following: Not an "offshore island ", 50 or
so dock -slips will not constitute "a marina ", the island would
remain "Tier -less" (means no restriction on clearing of native
vegetation, eligible as a ROGO receiver site although entirely
undeveloped), ROGO and NROGO would not apply, etc.)
Possible Solution: Include some or all of the language found in the Monroe County
Code as standards for variances:
Monroe County has safeguards built into the language of the law when it comes to
granting variances and those same or similar safeguards could be included in the
language associated with a change in FLUM designation with "sub -area policy" which
will in effect increase the density and intensity of a particular parcel (or portion thereof)
and zone it in a unique way.
Some of the language found in the code for granting variances:
"The applicant shall demonstrate that all of the following standards
are met:"
[ 1 ] Failure to grant the [FLUM amendment and
corresponding sub -area policy] would result in exceptional
hardship to the applicant.
[2] Granting the [FLUM amendment and corresponding sub -area
policy] will not result in increased public expenses, create a
threat to public health and safety, create a public nuisance, or cause
fraud or victimization of the public;
[3] Property has unique or peculiar circumstances, which apply
to this property, but which do not apply to other properties in the
[property's current FLUM category and zoning district].
[4] Granting the [FLUM Amendment and corresponding sub-
area policy] will not give the applicant any special privilege denied
other properties in terms of the provisions of established
development patterns [including the "smart growth" policy of
steering development toward developed areas where functioning
infrastructure and public services are in place and away from
undeveloped areas].
[5] Granting of the [FLUM Amendment and corresponding sub-
area policy] is the minimum necessary to provide relief to the
applicant.
We do not believe that the addition of these safeguards would in any way affect the
validity of the proposed designations and policies for the MDJ or Krause properties.
While we understand that these property owners have been awaiting the final outcome of
this process for some time and that staff is anxious to keep this moving; we believe that it
is imperative that the language of this new law be carefully crafted to ensure the inclusion
of the maximum number of safeguards possible.
Our understanding is that the County has 60 days from the date of adoption of the
Settlement Agreement for the Krause property to consider the adoption of Goal 107.
Last Stand urges the Commission to take advantage of this delay and to postpone the
decision on the transmittal of Goal 107 until the next regularly scheduled County
Commission meeting so that Ms. Hurley, and the County Attorney's office may work to
address these concerns and to attempt to prevent at least some of the future unintended
consequences which could result from the adoption of Goal 107 as it reads today.
Thank you for your consideration of Last Stand's input into this process.
Sincerely,
Naja Girard
Board Member
Last Stand
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V1 Yk
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. -2011
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS TRANSMITTING TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AN
ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMSSIONERS AMENDING GOAL 107 AND OBJECTIVE
107.1 OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN TO CLARIFY THE DEFINITION AND
APPLICATION OF SUB AREA POLICY FOR PROPERTY
LOCATED WITHIN UNINCORPORATED MONROE COUNTY.
WHEREAS, the Monroe County Board of County Commissioners conducted a public
hearing for the purpose of considering the transmittal to the Florida Department of Community
Affairs for review and comment a proposed amendment to the Monroe County Year 2010
Comprehensive Plan as described above; and
WHEREAS, the Monroe County Planning Commission and the Monroe County Board
of County Commissioners support the requested text amendment;
NOW THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: The Board of County Commissioners does hereby adopt the recommendation of
the Planning Commission to transmit the draft ordinance for adoption of the
proposed text amendment.
Section 2: The Board of County Commissioners does hereby transmit the proposed
amendment to the Florida Department of Community Affairs for review and
comment in accordance with the provisions of Chapter 163.3184, Florida Statutes.
Section 3. The Monroe County staff is given authority to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment in
accordance with the requirements of 9J- 11.006 of the Florida Administrative
Code.
P. 1 of 2
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Secdon 4. The Clerk of the Board is hereby directed to forward a certified dopy of this
resolution to the Director of Planning.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 20th day of June, 2011.
Mayor Heather Carruthers
Mayor Pro Tem David Rice
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Kim Wigington
HOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
'"!
Mayor Heather Carruthers
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
MON"01! COUNTY ATTORNEY
App D AS TO FORM:
g M. GRIMS
ASST NT COUNTY ATTORNEY
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6 ORDINANCE NO. -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 SEVERABIL.ITY; DIRECTING THE DIRECTOR OF PLANNING TO
16 FORWARD A COPY TO THE STATE OF FLORIDA LAND
17 PLANNING AGENCY; PROVIDING FOR FILING WITH THE
18 SECRETARY OF STATE; PROVIDING FOR THE INCORPORATION
19 INTO THE COMPREHENSIVE PLAN; PROVIDING FOR AN
20 EFFECTIVE DATE
21
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23 WHEREAS, Goal 107 and Objective 107.1 of the Monroe County 2010 Comprehensive
24 Plan establishes criteria for the application of Sub Area policies which limit the density and
25 intensity of allowable land uses within an underlying Future Land Use Map category. Goal 107
26 and Objective 107.1 were first developed as part of a Settlement Agreement related to a Future
27 Land Use Map (FLUM) Amendment submitted by MDJ Investments. The Board of County
28 Commissioners (BOCC) adopted Ordinance 021 -2010 on June 29, 2010, which adopted Goal
29 107, Objective 107.1 and Policy107.1.3, Specific Limitations on Key Largo Mixed Use Area 1.
30 The Florida Department of Community Affairs (DCA) submitted a Notice of Intent to find
31 Ordinance 021 -2010 In Compliance on November 1, 2010; and
32
33 WHEREAS, a Settlement Agreement related to a FLUM Amendment submitted by
34 Roseann and Rudolph Krause, was approved by the BOCC on October 20, 2010 in DOAH Case
35 No. 09- 4153GM. The resulting Ordinance No. 028 -2010, adopted by the BOCC on October 20,
36 2010, adopted Goal 107, Objective 107.1, and Policy 107.1.2, Ramrod Key Mixed Use Area 1.
37 The DCA Notice of Intent found Ordinance 028 -2010 In Compliance with the Stipulated
38 Settlement Agreement on January 27, 2011; and
39
40 WHEREAS, during the October 20, 2010, public hearing, the BOCC directed staff to
41 prepare an amendment that refines the application of Goal 107 and Objective 107.1 as requested
42 during the public hearing by the representatives of Last Stand. Last Stand has recommended
43 that Goal 107 and Objective 107.1 be further refined to limit its application to promote the
44 preservation of environmentally sensitive areas that also contain some scarified area with a pre -
45 existing non - conforming use to prevent the sub -area policy being utilized for vacant land. The
46 proposed amendment addresses these concerns without affecting the application of the Rate of
P. 1 of 3
1 Growth Ordinance, Tier Mapping System, and land clearing limitations specified within the
2 Monroe County Comprehensive Plan and Land Development Code; and
3
4 WHEREAS, on March 9, 2011, the Monroe County Planning Commission approved
5 Resolution P07 -2011 recommending that the the BOCC transmit the following Comprehensive
6 Plan Amendment to the Florida Department of Community Affairs;
7
8 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
9 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
10
11 Section 1. The Monroe County 2010 Comprehensive Plan is amended as follows: {Deletions are
12 s#Fi&e0 dW8 and additions are underlined
13
14 Objective 107
15 Monroe County shall regulate land use and development activities of scarified ea&ff fige�
16 , portions of paFeela p_rop_erty with
17 50% or more environmentally sensitive land that contains an existing nonconforming use, by
18 the enactment of area- specific regulations that allow development to occur subject to limitations
19 and conditions designed to protect natural resources. For this Goal to be used, scarified portions
20 of property shall not have been created nurposefullv without benefit of permit, as evidenced by
21 pictorial aerial examination.
22
23 Objective 107.1
24 Monroe County shall coordinate -bland Uuse with the -Belements of the Comprehensive
25 Plan through Mature -bland Buse Belement Ssub -4area PWlicies solely AWplicable to a
26 Sspecific Ggeographic Awea. These sub -area policies identify parcels of land that
27 require narrowly- tailored regulation in order to confine development potential to an area
28 or extent less than the maximum development potential allowed by the its underlying
29 Future L,land Uase Map category. The development parameters established for each
30 sub -area shall be based either on an inventory of uses and facilities established on the
31 parcel or by data and analysis supporting the specific sub -area limitations.
32 Environmentally sensitive areas shall be preserved through the application of such
33 methods as conservation easements that require mandatory eradication of exotic invasive
34 vegetation.
35
36 Section 2. If any section, subsection, sentence, clause, item, change, or provision of this
37 ordinance is held invalid, the remainder of this ordinance shall not be affected by
38 such validity.
39
40 Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby
41 repealed to the extent of said conflict.
42
43 Section 4. This ordinance shall be transmitted by the Director of Planning to the State of
44 Florida Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
45
46
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Section 5. This ordinance shall be filed in the Office of the Secretary of the State of Florida
but shall not become effective until a notice is issued by the State of Florida Land
Planning Agency or Administration Commission finding the amendment in
compliance with Chapter 163, Florida Statutes and after any applicable appeal
periods have expired.
Section 6. The numbering of the foregoing amendment may be renumbered to conform to
the numbering in the Monroe County Year 2010 Comprehensive Plan and shall be
incorporated in the Monroe County Year 2010 Comprehensive Plan.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a meeting held on the day of , 2011.
Mayor Heather Carruthers
Mayor pro tern Kim Wigington
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor Heather Carruthers
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
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