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Item W4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Division: Growth Management Department. Planning Meeting Date: Aug;ust 20, 2003 Bulk Item: Yes No X AGENDA ITEM WORDING: Third ofthree public hearings adopting interim development regulations deferring ROGO and NROGO allocations in Conservation and Natural Areas until amendments to the 2010 Comprehensive Plan and Land Development Regulations implementing Goal 105 of the Year 2010 Comprehensive Plan and the Work Program mandated by Rule 28-20, F.A.C. are complete and adopted or thirty months, whichever comes first. (Three public hearings required.) ITEM BACKGROUND: At the direction of the Board of County Commissioners, the Growth Management Division staff has revised the proposed Interim Development Ordinance first heard by the Board on June 18, 2003, to incorporate the following: I) limiting the moratorium on ROGOINROGO allocations to only Conservation and Natural Areas (a.k.a. Tier I); 2) replacing provisions for the adoption of Tier Maps with provisions for adoption of maps only depicting the boundaries of the Conservation and Natural Areas; 3) providing a specific exemption for Big Pine Key and No Name Key from the interim regulations; 4) extending the date for vesting of projects in the ROGO/NROGO system from April 14 to July 14,2003; 5) providing for a Hearing Officer procedure, similar to that for Beneficial Use and Vested Rights, to process amendments to the boundaries of Conservation and Natural Areas; and, 6) extending the length of the moratorium from 18 months to 30 months with a proviso for another six month extension. This proposed Interim Development Ordinance complements the Resolution designating conservation and Natural Areas for public acquisition and protection, which the BOCC will have considered earlier in its scheduled meeting prior to this public hearing. PREVIOUS RELEVANT BOARD ACTION: The BOCC continued the public hearing on the Interim Development Ordinance on July 15,2003, and directed staff to make several revisions. CONTRACT/AGREEMENT CHANGES: N/A ST AFF RECOMMENDATION: Approval TOTAL COST: N/ A BUDGETED: Yes No N/A COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No N/ A AMOUNT PER MONTH N/ A YEAR APPROVED BY: County Attorney X OMBlPurchasing N/A DIVISION DIRECTOR APPROVAL: Risk Management N/A ICP DISPOSITION: To follow Not Required AGENDAITEM#: ~ DOCUMENTATION: Included X County of Monroe Growth Mana!Zernent Division 2798 Overseas Highway Suite 410 ~athon,TIorida 33050 Voice: 305.289. 2500 FAX: 305.289. 2536 Board of County Commissioners Mayor Dixie Spehar, District 1 Mayor Pro Tern Murray Nelson, District 5 Comm. Charles "Sonny" McCoy, District 3 Comm. George Neugent, District 2 Comm. David Rice, District 4 MEMORANDUM TO: Board of County Commissioners FROM: Timothy J. McGarry, AIC~ Director of Growth Managemenv / August 6, 2003 DATE: SUBJECT: Proposed Revised Interim Development Ordinance Overview The BOCC is requested to consider for adoption a revised Interim Development Ordinance at its August 20, 2003. The revised ordinance is based on direction provided the staff by the BOCC at the June 18,2003, public hearing. Purpose As detailed in previous staff memoranda submitted with the two previous agendas on this item, the proposed moratorium being recommended by staff is intended to: o Further protect significant upland habitat during the time required by the staff to draft necessary amendments to the Comprehensive Plan and Land Development Regulations to implement Goal 105 of the Comprehensive Plan and the recommendations of the terrestrial module of the Florida Keys Carrying Capacity Study. o Provide time for County to secure dedicated long-term local, State, and Federal funding to underwrite land acquisition. o Temporarily resolve issues identified in the DCA's Notice of Violation alleging the County's failure to property administer regulations governing hammock. \ \GMD0059\tim\DOCUMENlISGT System\august20.doc o Demonstrate to DCA and Governor and Cabinet, the County's commitment to implement the appropriate recommendations of the Florida Carrying Capacity Study. Contents of Proposed Revised Interim Development Ordinance The staff has prepared a revised Interim Development Ordinance for establishing a moratorium on new ROGOINROGO based on directions provided by the Board at its previous two public hearings. The alternative Interim Development Ordinance proposed by the staff at the June 18, 2003, which would have temporarily changed ROGOINROGO scoring, has been dropped from any further consideration. The substantive revisions to the initial Interim Development Ordinance with staff commentary are as follows: o The moratorium on new ROGO/NROGO allocations is now limited to only Conservation and Natural Areas (aka Tier 1) rather than Tier I and Tier IL The staff continues to believe that the most significant upland habitat in terms of sustaining protected species habitat and the integrity of the terrestrial ecosystem are those lands contained within the boundaries designated as by the staff as Conservation and Natural Areas (which would be categorized as Tier I under Goal 105 of the Comprehensive Plan). These lands are the very ones identified for protection and acquisition in the Florida Keys Carrying Capacity Study. Attached are Tables 1 and 2 providing pertinent statistics on assessed value, ownership, platted lots, and vacant privately-owned lands within the Conservation and Natural Areas. As shown in Table 1, the assessed value of total vacant privately-owned lands is $42.9 million of which $14.6 million located outside CARL, and Federal Refuge Acquisition Lands. Over 76 percent of the total acreage within Conservation and Natural Areas is in public ownership. Table 2 reveals that the assessed value of vacant privately-owned ISIURM zoned lots is $20.7 million. The assessed value of URM/IS lots withi within CARL and Federal Refuge Acquisition Areas is $14.8 million. o The provisions to adopt the Tier Maps have been replaced with adoption of maps depicting the boundaries of the Conservation and Natural Areas. Although the staff continues to support and recommend the development and implementation of the Smart Growth/Tier System, or some modification of this system, it believes that further ground-truthing and investigation by the staff and more public input is warranted before the Tier Maps should be officially adopted. The proposed ordinance reflects proposed action by the BOCe under earlier scheduled agenda item to adopt by resolution, the maps designating the Conservation and Natural Areas. o A specific provision is now included exempting Big Pine Key and No Name Key from the interim regulations. Big Pine Key and No Name Key are subject to the provisions of a RCP and community master plan, which eliminates the need to include these areas in the proposed ordinance. o The date for vesting of applications in ROGOINROGO has been extended from Apri/14 to July 14, 2003. As the hearings on the proposed ordinance have been continued over the last two months, the staff believes it would be easier to administer and fairer to applicants to extend the vesting to the end ofthe last ROGO quarter. o The process for making amendments to the boundaries of the Conservation and Natural Areas for purposes of these interim regulations has been changed from one that had a staff technical committee making recommendations to the BOCC to a Hearing Officer rendering an opinion to the BOCC. The proposed new process would provide a more fair and equitable mechanism for handling amendment requests as it allows an independent hearing officer to consider each petition in a quasi-judicial setting before rendering an opinion to the Board for its consideration. o The period of the moratorium has been extended from 18 months to 30 months with the provisions for another six month extension. The need for additional time to complete necessary tasks to implement Goal 105 and the Florida Keys Carrying Capacity was of concern to the BOCC. The staff believes this extension will provide sufficient time to complete all necessary tasks. o Provisions for the County pledging local funds for land acquisition is included in the revised ordinance. The BOCC indicated its concerns about going into a moratorium without committed funding dedicated to land acquisition. The proposed ordinance includes language specifying some level of local funding commitment to land acquisition during the term of the ordinance, which may be further revised to reflect the information being prepared by the County's financial consultants on funding sources. Staff Analysis This proposed Interim Development Ordinance is intended to complement the Resolution designating Conservation and Natural Areas for public acquisition and protection, which the Board will have considered prior to the public hearing on the Interim Development Ordinance. The adoption of that Resolution represents a significant for the County in moving forward to implement Goal 105 and the Florida Keys Carrying Capacity Study. However, the staff still believes that a moratorium on new ROGOINROGO allocations as proposed in the Interim Development Ordinance, is needed to more effectively accomplish the purposes outlined previously. It will also place the County's position in a more favorable position before the Governor and Cabinet. Recommendation The Growth Management Division staff recommends approval of the Interim Development Ordinance. Attachments ~ . ~~ ;: :; Cl...l DIl_ .5 I:: 0: . .- ... . . e> .. =: '; ~ 1 ~.e~ ;;}. g .!ii:i · t .~ .~ '2 ;. 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AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DESIGNATING CONSERVATION AND NATURAL AREAS; ADOPTING INTERIM DEVELOPMENT REGULATIONS DEFERRING ROGO AND NROGO ALLOCATIONS (ART. IV, DIV. 1.5, LAND DEVELOPMENT REGULATIONS) IN CONSERVATION AND NATURAL AREAS UNTIL LAND DEVELOPMENT REGULATIONS AND COMPREHENSIVE PLAN AMENDMENTS IMPLEMENTING THE WORK PROGRAM MANDATED BY RULE 28-20.100, F.A.C. ARE ADOPTED AND BECOME EFFECTIVE OR THIRTY MONTHS, WHICHEVER COMES FIRST. WHEREAS, the Florida Administration Commission in 1996 enacted Rule 28-20.100, which created the "Work Program" in the 2010 Comprehensive Plan and mandated, among other things, the preparation of a Carrying Capacity Study for the Florida Keys; and WHEREAS, Year 6 (July 13, 2002 through July 12, 2003) of the "Work Program," section C., mandates that the County implement the Carrying Capacity Study by the adoption of all necessary plan amendments to establish development standards to ensure that new development does not exceed the carrying capacity of the County's natural environment; and WHEREAS, the "Work Program", section F. mandates that the County initiate and complete a collaborative process for the adoption of Land Development Regulations (LDR) and Comprehensive Plan amendments to strengthen the protection of terrestrial habitat; and WHEREAS, the Florida Keys Carrying Capacity Study (FKCCS), completed in September 2002, sets out guidelines that, inter alia, would direct future development away from "native habitat," and into "areas ripe for redevelopment or already disturbed"; and WHEREAS, Florida Statute 163.3177(6)(a) requires the adoption and implementation of a future land use element which designates future general distribution, location, and extent of lands used for conservation purposes; and WHEREAS, Goal 105 of the 2010 Comprehensive Plan, "Smart Growth," was adopted by the Board of County Commissioners in 2001 to further the statutory mandate, to implement Rule 28-20.100, F.A.C., and to provide a framework within the 2010 Comprehensive Plan to implement the FKCCS; and WHEREAS, Objective 105.2 of the 2010 Comprehensive Plan, pursuant to the Rule 28- 20.100, F.A.C. mandate, directs the County to map and designate land within the Florida Keys doc.#58525 ;v.2/90355 .009 Page 1 of8 into three categories - Natural Area, Transition and Sprawl Reduction area, and Infill Area, based on the Smart Growth principles set forth therein; and WHEREAS, following numerous public hearings and an extensive planning process undertaken by the Planning Commission, the Growth Management Division staff has prepared maps depicting the boundaries of the "Conservation and Natural Area," which represent and are consistent with the first land classification category, ''Natural Area," under Objective 105.2 of the 2010 Comprehensive Plan; and, WHEREAS, the maps depicting the boundaries of the Conservation and Natural Area are accurate, reflect the best available data, and are consistent with the FKCCS and Goal 105 of the 2010 Comprehensive Plan; and, WHEREAS, within the boundaries of the Conservation and Natural Area are all significant upland habitat of four acres or more identified in the habitat data utilized in the FKCCS, including all high quality hammock and pinelands, lands needed to connect isolated patches of existing upland habitat and provide buffers between habitat areas and development, all CARL lands, publicly-owned conservation lands, and most lands zoned Conservation, Sparsely Settled, and Native Area; and, WHEREAS, the lands within the boundaries of the Conservation and Natural Area are precisely those significant upland hardwood hammocks and pinelands that are important to the sustainability of protected species and to maintain the ecosystem integrity as called for by the terrestrial module of the FKCCS and Goal 105 of the 2010 Comprehensive Plan; and, WHEREAS, the protection and restoration of lands within the Conservation and Natural Area are essential to implement the recommendations of the terrestrial module of the FKCCS and Goal 105 of the 2010 Comprehensive Plan; and, WHEREAS, continued issuance of ROGO and NROGO allocations within Conservation and Natural Areas prior to the completion of a comprehensive planning process will result in the loss of valuable native habitat and may have an irreversible detrimental impact on the County's ability to implement the Smart Growth policies set forth in Goal 105 of the 2010 Comprehensive Plan, Rule 28-20.100, F.A.C., and the FKCCS; and WHEREAS, lands not within the Conservation and Natural Area are less environmentally-sensitive and are capable of accommodating residential and nonresidential development consistent with the FKCCS and existing County policies and regulations; and WHEREAS, in order to make effective Goal 105 of the 2010 Comprehensive Plan, Rule 28-20.100, F.A.C., and the FKCCS, it is necessary to halt temporarily works of development as provided herein which might otherwise absorb a disproportionate share of the County's capacity for further development or direct it out of harmony with the Comprehensive Plan and the FKCCS; and doc.#58525 ;v.2/90355 .009 Page 2 of8 WHEREAS, the projected number of ROGO and NROGO allocations and other limited development that will continue to occur on lands not within the Conservation and Natural Areas will maintain a sustainable environment and will be consistent in number and location with Goal 105 of the 2010 Comprehensive Plan and the FKCCS; and WHEREAS, the purpose and intent of Goal 105 of the 2010 Comprehensive Plan, the FKCSS, and Rule 28-20.100, F.A.C. are effectuated adequately on Big Pine Key and No Name Key as a result of the ongoing Habitat Conservation Planning effort and the Community Master Plan; and WHEREAS, the County has committed necessary staff and resources to the development of permanent policies and regulations to implement Goal 105 of the 2010 Comprehensive Plan, Rule 28-20.100, F.A.C., and the FKCCS, in order to facilitate its diligent and good faith effort to establish permanent policies and regulations within a reasonable period of time; and WHEREAS, implementation of Goal 105 of the Comprehensive Plan, Rule 28-20.100, F.A.C., and the FKCCS involves complex environmental, social, and economic issues, a broad geographic scope, numerous governmental agencies, and a diversity of stakeholder interests; and WHEREAS, these Interim Development Regulations serve compelling state and regional governmental interests and are the minimum necessary to protect the health, safety, and general welfare of the citizens of Monroe County and effectuate Goal 105 of the Comprehensive Plan, Rule 28-20.100, F.A.C., and the state-mandated FKCCS; and WHEREAS, these Interim Development Regulations are necessary to derive the benefits of permitting democratic discussion and participation by citizens, developers, and property owners who may be affected by eventual amendments to the Land Development Regulations and Comprehensive Plan; and WHEREAS, the Board of County Commissioners has considered, inter alia, the FKCCS, Rule 28-20.100, F.A.C., Goal 105 of the 2010 Comprehensive Plan, and the staff report titled "Implementing Goal 105 and the Carrying Capacity Study," which describes the basis of the Smart Growth program to be implemented by these Interim Development Regulations and other permanent Comprehensive Plan policies, maps, and Land Development Regulations that will be developed as appropriate; and WHEREAS, given the scope of the issues and areas to be addressed by Goal 105 of the 2010 Comprehensive Plan and the FKCCS, the thirty to thirty-six month timeframe is necessary and reasonable in order to complete a fair and comprehensive planning and public participation process that results in legally- and scientifically-sound policies and regulations; and WHEREAS, the Planning Commission at a regular meeting on March 12,2003, directed staff to move forward and prepare a recommendation to the Board of County Commissioners for a deferral of ROGO and NROGO allocations, while staff prepares amendments to the 2010 Comprehensive ~lan and the LDRs to further protect the terrestrial ecosystem; and doc.#58525 ;v.2/90355 .009 Page 3 of8 WHEREAS, upon the direction by the Planning Commission, Growth Management Division staff immediately undertook the development of these Interim Regulations, a draft of which was presented to and discussed by the Planning Commission on April 9, 2003; and WHEREAS, the Planning Commission had reviewed a draft Interim Development Ordinance in public hearing on May 7,2003, and recommended approval to the Board of County Commissioners; and, WHEREAS, at its regular meetings in March, April, and May, 2003 the Board of County Commissioners was updated by County staff with regard to the status of these Interim Regulations; and WHEREAS, the Board of County Commissioners reviewed the proposed draft Interim Development Ordinance at public hearings on June 18 and July 15, 2003 and directed Growth Management staff to prepare an amended Interim Development Ordinance; and, WHEREAS, the Growth Management Division staff has prepared a revised Interim Development Ordinance based on this direction; and, WHEREAS, Pursuant to the pending ordinance doctrine set forth in Smith v. City of Clearwater, 383 So. 2d 681 (Fla. 2nd DCA 1980), the Board of County Commissioners hereby finds that the Interim Development Regulations have been pending since prior to July 15, 2003; and WHEREAS, during the period of the effectiveness of these interim development regulations the Growth Management staff will take further public input and will undertake a comprehensive planning process that will refine the policies associated therewith; and WHEREAS, this temporary deferment will be a demonstration of good faith to the Governor and Cabinet and the Florida Department of Community Affairs that the County is seriously working towards implementing the FKCCS and Rule 28-20.100, F.A.C. and should be considered in substantial compliance in meeting the Work Program goals; and WHEREAS, Chapter 125, F.S., authorizes the Board of County Commissioners to adopt ordinances to provide standards protecting the health, safety, and welfare of the citizens of Monroe County; and WHEREAS, these Interim Development Regulations constitute a valid exercise of the County's police power and are otherwise consistent with Section 163.3161, et seq., F.S., which, inter alia, encourages the use of innovative land development regulations including provisions like moratoria to implement the adopted comprehensive plan; and WHEREAS, the purpose and intent of these Interim Development Regulations is to provide the County the opportunity to create a system of development rights and land uses that will implement the FKCCS, Rule 28-20.100, F.A.C., and Goal 105 of the 2010 Comprehensive Plan and ameliorate the economic impacts on private property owners; doc.#58525 ;v.2/90355 .009 Page 4 of8 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1: Pursuant to Policy 105.2.1, Year 2010 Comprehensive Plan, the Conservation and Natural Areas described in the maps attached hereto and made part of this ordinance, are hereby designated and adopted. Section 2: During the period these interim development regulations are in effect, the boundaries of the Conservation and Natural Areas may be amended by ordinance of the Board of County Commissioners upon recommendation of a Hearing Officer. Amendments to the Conservation and Natural Areas boundaries shall be based upon the considerations and criteria used originally to designate the boundaries of these Areas; however, this shall not be construed to foreclose changes or additions to the original criteria used to determine the Conservation and Natural Areas. Section 3: Proposed amendments to these boundaries may be initiated by the Director of Planning and Environmental Resources or by submission of a written application to the Planning and Environmental Resources Department on a form approved by the Department. During the term of this Interim Development Ordinance, any proposed amendments to the boundaries of the Conservation and Natural Areas, shall follow a streamline review process. Proposed amendments will not be reviewed by the Development Review Committee and Planning Commission. Application for proposed amendments will be submitted to the Planning and Environmental Resources Department for consideration by the Hearing Officer at a public hearing advertised at least fifteen days in advance. After the written and/or oral testimony of the County staff and applicant and with opportunity for testimony from the public, the Hearing Officer shall render a written opinion to the Board of County Commissioners to either approve or deny the request for a boundary amendment. The public hearing for the Board of County Commissioners' consideration of proposed amendments to the boundaries of the Conservation and Natural Areas will be advertised at least 15 days prior to the public hearing. Unless otherwise required by law, posting will not be required of any properties, which are subject to these amendments. Section 4: The Board of County Commissioners establishes the interim development regulations set forth in this Ordinance, which shall remain in full force and effect until either amendments to the Year 2010 Comprehensive Plan and Land Development Regulations that implement the Florida Keys Carrying Capacity Study and Goal 105 of the 2010 Comprehensive Plan become effective or upon the expiration of thirty (30) months from the date of adoption of this Ordinance, whichever comes first. Prior to the thirty-month sunset date of this ordinance, the Board of County Commissioners, upon the recommendation of the Planning Commission, may amend this ordinance to extend its provisions an additional six months. doc.#58525;v .2/90355.009 Page 5 of8 Section 5: No Rate of Growth Ordinance allocation awards shall be made on any applications for either residential (ROGO) or non residential (NROGO) development within Conservation and Natural Areas with a ROGOINROGO entry date of July 15, 2003 or later, until the termination of this Ordinance as provided for in Section 4. Section 6: Any residential (ROGO) or non-residential (NROGO) building permit application with a ROGOINROGO entry date of July 14, 2003 or earlier shall be exempt from these interim development regulations. Section 7: Any residential (ROGO) or non-residential (NROGO) building permit application for development on Big Pine Key or No Name Key shall be exempt from these interim development regulations. Section 8: As of the effective date of this Ordinance, no further ROGO or NROGO allocation applications within Conservation and Natural Areas shall be accepted or processed by the Growth Management Division until the termination of this Ordinance as provided for in Section 4. Section 9: Pursuant to the pending ordinance doctrine set forth in Smith v. City of Clearwater, 383 So. 2d 681 (Fla. 2nd DCA 1980), ROGO or NROGO building permit allocation applications submitted on or after July 15, 2003 but prior to the effective date of this Ordinance shall be accepted but shall not be processed or acted upon by County staff until the termination of this Ordinance as provided for in Section 4. Section 10: All ROGO and NROGO applications received by the County on or after July 15, 2003 but prior to the effective date of this Ordinance will be decided pursuant to the standards and provisions of any permanent ordinance or regulations enacted upon the termination of these Interim Development Regulations, upon their effective date. Section 11: Pursuant to the pending ordinance doctrine, persons submitting a ROGO or NROGO building permit application on or after July 15, 2003 are hereby notified that no vested rights, legal entitlements, or equitable estoppel shall thereafter accrue by reason of their submission prior to the effective date of adoption of this Ordinance or issuance of notice by the Department of Community Affairs or Administration Commission finding this Ordinance in compliance with Chapter 163 and 380, Florida Statutes. Section 12: Any use that does not require either a ROGO or NROGO allocation award, and that is allowed pursuant to the Monroe County Land Development Regulations and the 2010 Comprehensive Plan, may be continued or established at anytime. Section 13: The County Administrator is directed to have the Growth Management Division begin immediately preparing the draft text and map amendments and other supporting studies in cooperation with the Planning Commission in order to effectuate the provisions of Goal 105 of the 2010 Comprehensive Plan, Rule 28-20.100, F.A.C., and the FKCCS, within the timeframes set forth herein. doc.#58525;v .2/90355.009 Page 6 0[8 Section 14: In preparing these amendments, the County Administrator is directed to focus the Growth Management Division's efforts in the following important areas: 1) preparation of substantive revisions to simplify and streamline the County's permit allocation system and environmental regulations and make them more transparent and understandable to the public; 2) coordination of the preparation of these amendments and regulations with appropriate legal and financial experts to ensure the permit allocation and land development system is legally defensible and fiscally-sound; 3) identification of plan and regulatory amendments and strategies to ensure that the goals and objectives of the FKCCS and the 2010 Comprehensive Plan are properly implemented; and 4) that any permanent regulations adequately protect and balance other important objectives of the 2010 Comprehensive Plan, including, for example, affordable housing needs. Section 15: If any section, subsection, sentence, clause, item, change or provision of this ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 16: All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 17: The ordinance is hereby transmitted to the Florida Department of Community Affairs pursuant to Chapters 163 and 380, Florida Statutes. Section 18: 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 finding the amendment in compliance with Chapter 163 and 380, Florida Statutes. Section 19: This Ordinance shall stand repealed as of 11 :59 p.m. on the 967th day after the adoption of this Ordinance, unless repealed sooner or extended pursuant to the terms set forth herein. [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.] doc. #58525;v .2/90355.009r Page 7 of8 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the _ day of , 2003. Mayor Dixie Spehar Mayor Pro Tern Murray Nelson Commissioner Charles "Sonny" McCoy Commissioner George Neugent Commissioner David Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORlDA BY Mayor Dixie Spehar (SEAL) ATTEST: D~L.KOLHAGE.CLERK Deputy Clerk Approved as to form and legal sufficiency: ?_~~ ~ E. Tyson SmitH, Esq. doe.# 58579;".2190355.009 Page 80f8 -- ATTACHMENT TO ORDINANCE NO. -2003 MONROE COUNTY CONSERVATION AND NATURAL AREAS MAPS Monroe County Conservation and Natural Areas MM 105 to 108 _Conservation and Natural Areas MiI~ary Land -US1 . Mile Marker N A- 0 0.25 0.5 . Miles U;iii,.~>. ".,''''''' ~ty Pl~:~. (n ~nmenta1 Reso Ql,~ent ,,,,,. . 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Mile Marker 0 0.25 0.5 . Miles A~~!>i.i."i'.i'" ~9' ..." ty l>1onn;n!a' .. tal . ---1t::::.l.... .., . J nmen Reso~"0 . .. t .J3~~~~~)1 rbDnwpiltnT~c..unr,fin>WlhM""""-'1li'rVwon ~ _Iy. '11w: "'COIMine4 ~ if UItllrrlliWft lM1 ...... .<<UI"Itdy JupILt kNndIn.., pwwb. ro'IlICh. rips fIf_Y'- QlIl.n.~iafDnJllliall Pn. an~dB'\i: KR l);lll' i'il'U:\ LAND USE & ENVIRONMENTAL LAW OIL & HAZARDOUS SUBSTANCE SPILLS JAMES S. MATTSON, P.A. A PROFESSIONAL CORPORATION ATTORNEYS AT LAw EMINENT DOMAIN & INVERSE CONDEMNATION ADMINISTRATIVE LAW JAMES S. MATTSON. PH.D. ATTORNEY AT LAw JMATTSON@MATTSONLAW.COM HTTP://WWW.MATTSONLAW.COM POST OFFICE BOX 586 KEY LARGO. FLORIDA 33037-0586 ADMITTED TO DISTRICT OF COLUMBIA BAR 1979 ADMITTED TO FLORIDA BAR 1983 TEL. (3051 451-3951 ADMITTED TO PRACTICE BEFORE U.S. SUPREME COURT; FIFTH. ELEVENTH. DISTRICT OF COLUMBIA. AND FEDERAL CIRCUIT COURTS OF APPEALS; U.S. COURT OF FEDERAL CLAIMS; AND U.S. DISTRICT COURTS FOR THE DISTRICT OF COLUMBIA AND THE SOUTHERN DISTRICT OF FLORIDA August 20, 2003 Board of Commissioners, Monroe County c/o James L. Roberts, County Administrator 1100 Simonton St., Room 2-205 Key West, FL 33040 Re: Real Life Costs of the Tier One Moratorium Ordinance Dear Commissioners: Mr. McGarry's backup memorandum for his moratorium ordinance uses faulty reasoning to infer that the vacant, privately owned Tier One lands are worth only $63.6 million. Monroe County is going to need more than $500 million to cover the costs of this plan and, in a state that will not pay for a decent education for our grandchildren, that kind of money will never be made available to protect butterflies and tree snails. The true cost of acquiring Tier One lands, from property owners who elect to sue for a regulatory "taking," is unrelated to <<assessed valuations." In a regulatory taking action, the owner gets to wind the clock back to the first regulations that began to reduce their ability to develop their property. The property is valued as if the owner could, on the day of the trial, do what he could have done before that first regulation took effect. The government cannot nickel and dime away the rights of property owners down to nothing, and then pay what is was worth the day before it became worthless. My client Lloyd Johnson owns 829 acres on Sugarloaf Key, of which 323 are non- mangrove. The assessed value of this land is $1,513,367. (The CARL program has offered only $1.5 million, so don't count on DEP to bail you out.) Our appraisal, based on pre-ROGO uses, is $7.4 million. That is 4.9 times the "assessed value." If we back it up to pre-1986 uses, the value goes higher. Mr. Johnson also owns three parcels on Sugarloaf Beach, totaling 4.45 acres. The parcels are assessed at $50 each, yet as buildable parcels would have a market value of $400,000 each, 8,000 times the "assessed value." Another client owns 13 lots in the Galleon Bay Subdivision on No-Name Key, assessed at $116,026 in 1991, and $10,483 in 2001. Monroe County's last offer (before we sued for a regulatory taking) was for $800,000, 76.3 times the "assessed value. " Our appraisal for those lots is $1.8 million, or 172 times the "assessed value. " Galleon Bay is also entitled to 11 years of temporary taking damages. These three examples have a minimum regulatory taking value of$10.4 million, which is 6.8 times their combined "assessed value" of $1,524,000, and this does not include 17 years of temporary taking claims. Given the realities of what is being proposed, you can stop looking for $63.6 million in funding, and start looking for $500 million for acquisition, and that much again for temporary taking damages. W.lf