Item Q2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 18, 2004
Division:
Growth Management
Bulk Item: Yes
No X
Department: Planning and Environmental Res.
AGENDA ITEM WORDING: A public hearing to consider an amendment to Policy 101.6.2 of the
Monroe County Year 2010 Comprehensive Plan to provide the Land Authority greater latitude in the
acquisition of land from willing private owners. (Second of two public hearings)
ITEM BACKGROUND: The amendment, recommended by staff at the Board's direction, to Policy
101.6.2 provides for the Land Authority to be able to use the funds accumulated for acquisition of
Administrative Relief applicants to acquire other properties when deemed appropriate. The
amendment recommended by the Planning Commission was transmitted to the Department of
Community Affairs (DCA) in error. The correct amendment will be submitted to DCA after this
hearing.
PREVIOUS RELEVANT BOARD ACTION: At the BOCC public hearing of January 21, 20904,
the Monroe County Board of County Commissioners approved the staff recommended amendment to
Policy 101.6.2 and directed the Growth Management Division to transmit the item to the DCA for their
review and comments.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes N/A
No N/A
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
N/A
N/A
AMOUNT PER MONTH
Year
REVENUE PRODUCING:
DIVISION DIRECTOR APPROVAL:
ing RIsk Management
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APPROVED BY: County Atty ~
DOCUMENTATION:
Included
X
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To Follow""
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Not Required_
DISPOSITION:
AGENDA ITEM # Q d -
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Amendment to Policy 101.6.2 of the
Monroe County Year 2010 Comprehensive Plan
Second of Two Public Hearings
Board of County Commissioners
Key Largo Library Meeting Room
August 18, 2004
Proposed Amendment to Monroe County
Year 2010 Comprehensive Plan.
A request filed by the Monroe County Department of Planning & Environmental Resources concerning an
amendment to Policy 101.6.2 for the purpose of providing the Land Authority with greater latitude in the
acquisition of land from willing private owners. The second of two public hearings.
Comprehensive Plan Recommendations
Staff Approval October 15,2003 Staff Report
DRC Approval November 24, 2003 Resolution #D35-03
PC Approval December 3, 2003 Resolution #P79-03
BOCC Approval January 21,2004 Resolution #045-2004
Exhibits
Exhibit "A" Memorandum from Mark Rosch to James Roberts dated August 8, 2003
BOCC ORDINANCE
[PROPOSED TEXT]
ORDINANCE NO. -2004
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING A REQUEST OF THE MONROE COUNTY
PLANNING DEPARTMENT TO AMEND POLICY 101.6.2 OF THE MONROE
COUNTY YEAR 2010 COMPREHENSIVE PLAN GIVING THE LAND
AUTHORITY GREATER LATITUDE IN SPENDING FUNDS TO ACQUIRE
LANDS FROM WILLING SELLERS; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Objective 101.6 directs the County to expand the Monroe
County Land Authority acquisition program to purchase land from property
owners who have applied but have not received a ROGO permit for four years
(Administrative Relief); and
WHEREAS, Policy 101.6.2 of the Monroe County Year 2010
Comprehensive Plan requires the Monroe County Land Authority to dedicate a
minimum of 35 percent of its annual budget each year for the purpose of
acquiring land from property owners through Administrative Relief; and
WHEREAS, funds accumulated from this source shall be reserved for the
acquisition of land from qualified property owners; and
WHEREAS, Mark J. Rosch, Executive Director of the Monroe County Land
Authority, in an August 8, 2003 memorandum to James L. Roberts, Monroe
County Administrator, discussed the limits for acquisition imposed by Policy
101.6.2.; and
WHEREAS, after a review and discussion of the memorandum by the
Monroe County Board of County Commissioners, the Commission directed the
Growth Management Division of the County to amend the Comprehensive Plan
and take other necessary steps in order to implement the Florida Keys Carrying
Capacity Study (Goal 105 of the Monroe County Year 2010 Comprehensive
Plan, and BOCC Resolution 346-2003 to provide the Monroe County Land
Authority greater latitude in the acquisition of land from willing owners; and
WHEREAS, BOCC Resolution 346-2003 designated and mapped
Conservation and Natural Areas that are areas proposed for future acquisition by
the County, State, and Federal agencies for conservation or resource protection;
and
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W:\Planning\Text Amendments\Land Auth. Policy 101.6-Fred\BOCC ORD 7-2004.doc
WHEREAS, the Monroe County Board of County Commissioners, on
August 20th 2003, directed the Growth Management Division staff to prepare
amendments to the Monroe County Year 2010 Comprehensive Plan that will
permit Land Authority ROGO reserVe funds currently dedicated for administrative
Relief to also be used to acquire other lands from willing owners in the
Conservation and natural areas; and
WHEREAS, funds accumulated in the Land Authority ROGO reserve shall
be reserved for the acquisition of land from qualified property owners, but may
also be used to acquire other properties proposed for acquisition by
governmental agencies for the purposes of conservation or resource protection;
and
WHEREAS, the Board finds that there is a need to amend Policy 101.6.2
in order to expand the opportunities for the Land Authority to acquire privately
owned land; and
WHEREAS, at the Development Review Committee public meeting of
November 24, 2003, the Committee recommended approval of the proposed
amendment; and
WHEREAS, at the Planning Commission at a public hearing of December
3, 2003, the Commission recommended approval with an amendment; and
WHEREAS, this Board reviewed the following:
1. July 23 staff report prepared by K. Marlene Conaway, Director Planning and
Environmental Resources Department.
2. Memorandum of August 8th, 2003 prepared by Mark J. Rosch, Executive
Director, Land Authority.
3. Testimony of the Growth Management Staff; and
WHEREAS, this Board finds that the proposed change is consistent with
Section 9.5-511 (d)(5) b. (iv) New Issues and (v) Recognition of a need for
additional detail or comprehensiveness; and
WHEREAS, this Board finds that the proposed change is consistent with
the goals of the Monroe County Year 2010 Comprehensive Plan;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
I Underlined text is new.
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W:\Planning\Text Amendments\Land Auth. Policy 101.6-Fred\BOCC ORD 7-2004.doc
Section 1. Objective 101.6
Policy 101.6.2
By fiscal year 1998, the Monroe County Land Authority shall dedicate a minimum
of 35 percent of its annual budget each year for the purpose of acquiring land
from qualified property owners as defined by Policy 101.6.1. Funds accumulated
from this source shall be reserved for the acquisition of land from qualified
property owners, but may also be used to acquire other properties when deemed
appropriate bv the Land Authoritv.
Section 2. 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 3. All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
Section 4. The ordinance is hereby transmitted to the Florida Department of
Community Affairs pursuant to Chapter 163 and 380, Florida Statutes.
Section 5. 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, Florida Statutes.
[The balance of this page is intentionally left blank]
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W:\Planning\Text Amendments\Land Auth. Policy 101.6-Fred\BOCC ORD 7-2004.doc
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the day of
A.D., 2004.
Mayor Murray Nelson
Mayor Pro T em David P. Rice
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Murray Nelson
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
DEPUTY CLERK
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W:\Planning\Text Amendments\Land Auth. Policy 101.6-Fred\BOCC ORD 7-2004.doc
Board of County Commissioners
Staff Report
July 23, 2004
Monroe County Department of Planning and Environmental Resources
2798 Overseas Highway Marathon Florida 33050
305-289-2500 MEMO conaway@mail.state.fl.us
TO: Monroe County Board of County Commissioners
FROM: K. Marlene Conaway, Director ~ ~
DATE: July 23,2004
RE: Amendment to Policy 101.6.2 on the Monroe County Year 2010
Comprehensive Plan to provide the Land Authority greater latitude in the
acquisition of land from willing private owners.
I. BACKGROUND
Objective 101.6 directs the County to expand the Monroe County Land Authority
acquisition program to purchase land from property owners who have applied but have
not received a ROGO permit for four years (Administrative Relief).
Policy 101.6.2 of the Monroe County Year 2010 Comprehensive Plan requires the
Monroe County Land Authority dedicate a minimum of 35 percent of its annual budget
each year for the purpose of acquiring land from property owners through Administrative
Relief. Funds accumulated from this source shall be reserved for the acquisition of land
from qualified property owners.
Mark J. Rosch, Executive Director of the Monroe County Land Authority, in an August
8,2003 memorandum to James L. Roberts, Monroe County Administrator, discussed the
limits for acquisition imposed by Policy 101.6.2. The memorandum is attached as
"Exhibit A".
After a review and discussion of the memorandum by the Monroe County Board of
County Commissioners, the Commission directed the Growth Management Division of
the County to amend the Comprehensive Plan and take other necessary steps in order to
implement the Florida Keys Carrying Capacity Study (Goal 105 of the Comp Plan), and
BOCC Resolution 346-2003 to provide the Land Authority greater latitude and flexibility
in the acquisition of land from willing owners.
The staff recommended an amendment to Policy 101.6.2 giving the County the flexibility
to acquire other properties when deemed appropriate by the Land Authority:,
At the December 3rd, 2003 public hearing of the Planning Commission, the Commission
voted to recommend approval to the Board of County Commissioners of an amendment
Page 1 of 2
that limited the use of the funds to properties proposed for acquisition for purposes of
conservation or resource protection.
The Board of County Commissioners on January 21, 2004, after a public hearing, voted
to transmit the Staff recommended amendment to the DCA for review.
Policy 101.6.2
By fiscal year 1998, the Monroe County Land Authority shall dedicate a
minimum of 35 percent of its annual budget each year for the purpose of
acquiring land from qualified property owners as defined by Policy 101.6.1.
Funds accumulated from this source shall be reserved for the acquisition of land
from qualified property owners, but may also be used to aCQuire other prooerties
when deemed appropriate hv the Land Authoritv.
In error the Planning Commission proposed amendment to Policy 101.6.2 was
transmitted to DCA. The DCA had no comments on the submittal. The County can
correct that mistake by adopting and submitting the enclosed ordinance to the DCA.
IV. RECOMMENDATION
The staff recommends correcting the error, submitting the correct amendment to DCA,
and that the Board of County Commissioners APPROVE the following amendment to
Monroe County Year 2010 Comprehensive Plan:
Policy 101.6.2.
By fiscal year 1998, the Monroe County Land Authority shall dedicate a
minimum of 35 percent of its annual budget each year for the purpose of
acquiring land from qualified property owners as defined by Policy 101.6.1.
Funds accumulated from this source shall be reserved for the acquisition of land
from qualified property owners, but may also be used to acquire other proverties
when deemed appropriate hv the Land Authoritv.
Page 2 of 2
EXHIBIT "A"
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Exhibit uAu
MONROE COUNTY LAND AUTHORITY
1200 TRUMAN AVENUE, SUITE 207 · KEY WEST, FLORlpA 33040
PHONE (305) 295-5180 · FAX (305) 295-5181
ME MaR A N.D U M
TO: James L. Roberts, County Administrator ,
FRaN:
Mark J. Rosch, Executive Director M ~
Monroe County land Authority ~
DATE: August 8, 2003
SUBJECT: land Authority ROGO Reserve
Pursuant to Policy 101.6.2 of the Monroe County Year 2010 Comprehensive Plan, the Monroe
County Land Authority has established a budgetary reserve for the purchase of property to
provide administrative relief to ROGO applicants. Since FY 93, the land Authority has set aside
35% of its recurring land acquisition revenue into this reserve. To date there have been no
expenditures from this reserve and thus the balance has grown over the years to its current
level of $3.4 million. The ROGO reserve in the proposed FY 04 budget is $3.8 million.
The County's ROGO ordinance has been in effect for 11 years. To date the land Authority has
purchased property from six ROGO administrative relief applicants at a total cost of
approximately $800,000. All but $12.000 of this total was paid for with State funds that are no
longer available (Preservation 2000 funds appropriated to the land Authority by the Florida
Legislature).
The ROGO ordinance creates a contingent liability that is difficult to forecast. The variables
include: 1) how many property owners will choose to enter the ROGO competition; 2) how many
ROGO allocations will be available for the County to issue; 3) which applicants will compete
unsuccessfully for four years and become eligible for administrative relief; 4) which of the
eligible applicants will choose to apply for administrative relief; 5) what form of administrative
relief the Board will choose to offer; 6) how many eligible applicants will be willing sellers; and 7)
the purchase price for a given property.
As of the most recent ROGO ranking approved by the County Planning Commission (April 14,
2003), there were 305 applications denied a ROGO allocetion. Of these 305, 48 have already
been in ROGO for 4 years and have either declined the Land Authority's purchase offer or have
not applied for administrative relief. Depending on the o\JItcome of future rankings, a maximum
of 23 additional applications may have been in ROGO for 4 years by this time next year.
\I\',lat budgetary impact will this situation have? It is impossible to know for sure. After 11
years, the impad has only been $800,000. Assuming an average assessed value of $45,000
per parcel, the assessed value of the 48 "4-year olds" is approximately $2.1 million. By this time
next year if the 23 "3-year aids. are still in RaGa, the estimated assessed value of potential
administrative relief properties will be $3.2 million. The estimated assessed va~ue of all 305
applications is $13.7 million. These figures are only rough estimates, but they illustrate the
potential order of magnitude involved and the high degree of uncertainty.
The Land Authority's ROGO reserve was established pursuant to Policy 1p1.6.2 of the
Comprehensive Plan. Should the Board wish to use a portion of the reserve for acquisitions
outside of the ROGO administrative relief process, the Board should proceed by directing staff
to initiate a plan amendment.
.,