Item R2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 15, 2004 Division: Growth Management
Bulk Item: Yes No X
Department: Planning and Environmental Res.
AGENDA ITEM WORDING:
Public hearing to consider adopting a DCA Transmittal Resolution amending the Monroe County Year
2010 Comprehensive Plan to change the Rate of Growth Ordinance (ROGO) and the Non -Residential
Rate of Growth Ordinance (NROGO) to utilize the Tier Overlay as the basis for the competitive point
system, deleting, revising and adding policies, objectives and requirements for the implementation of
Goal 105 of the 2010 Comprehensive Plan and the Tier Overlay District.
[1" of 2 required public hearings]
ITEM BACKGROUND: On January 21, 2004 and in Ordinance # 018-2004 the BOCC directed staff
to prepare draft text and map amendments and other supporting studies in order to effectuate the
provisions of Goal 105 of the 2010 Comprehensive Plan and Rule 28-20.100 F.A.C. The Planning
Commission reviewed the staff draft at four public hearings, amended the draft and recommend
approval. Several stakeholder forums and two community workshops were held to review the proposed
amendments. Staff is recommending that the initial public hearing on the transmittal resolution be
continued and held in each area, before its adoption.
PREVIOUS RELEVANT BOCC ACTION:
Ordinance No. 018-2004 adopted June 16, 2004 directed staff to prepare text and map amendments to
implement Goal 105. Goal 105 was adopted in Ordinance No. 20- 2002.
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A BUDGETED: Yes N/A No
COST TO COUNTY: N/A
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH N/A Year
APPROVED BY: County Atty X OMB/Purchasing Risk Yanagement
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
DISPOSITION:
, AICP)
Included X To Follow Not Required
AGENDA ITEM # IZ )-
COMPREHENSIVE PLAN AMENDMENTS
TO AMEND THE ROGO AND NROGO SECTIONS TO
IMPLEMENT THE TIER OVERLAY DISTRICT
TRANSMITTAL RESOLUTION TO
THE DEPARTMENT OF COMMUNITY AFFAIRS
BOARD OF COUNTY COMMISSIONERS
MARATHON - EOC
DECEMBER 15, 2004
RESOLUTION NO. 2005
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS TRANSMITTING , TO THE
DEPARTMENT OF COMMUNITY AFFAIRS THE REQUEST
FILED BY THE PLANNING AND ENVIRONMENTAL
RESOURCES DEPARTMENT TO AMEND THE MONROE
COUNTY 2010 COMPREHENSIVE PLAN TO CHANGE THE
RATE OF GROWTH ORDINANCE (ROGO) AND THE NON-
RESIDENTIAL RATE OF GROWTH ORDINACE (NROGO) TO
UTILIZE THE TIER OVERLAY AS THE BASIS FOR THE
COMPETITIVE POINT SYSTEM; DELETING, REVISING AND
ADDING POLICIES, OBJECTIVES AND REQUIREMENTS FOR
THE IMPLEMENTATION OF GOAL 105 OF THE 2010
COMPREHENSIVE PLAN AND THE TIER OVERLAY DISTRICT.
WHEREAS, the Monroe County Board of County Commissioners, during three
public hearings held in December, 2004 and January and February 2005, for the purposes
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, the Land Development Regulations and the Land Use District Map; and
WHEREAS, the Planning Commission and the Monroe County Board of County
Commissioners support the requested amendments to the Monroe County Year 2010
Comprehensive Plan, the Land Development Regulations and the Land Use District Map;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Section 1. The Board of County Commissioners does hereby adopt the
recommendation of the Planning Commission pursuant to the draft ordinance for the
adoption of the proposed amendments to the Monroe County Year 2010 Comprehensive
Plan, the Land Development Regulations and the Land Use District Map; and
Section 2. The Board of County Commissioners does hereby transmit the proposed
amendments to the Florida Department of Community Affairs for review and comment in
accordance with the provisions of Sections 163.184 and 380.0522, Florida Statutes; and
Section 3. The Monroe County Staff is given the authority to prepare and submit the
required transmittal letter and supporting documents for the proposed amendment in
accordance with the requirement of 9J-11.006 of the Florida Administrative Code; and
Section 4. The Clerk of the Board is hereby directed to forward a copy of this
resolution to the Director of Planning and Environmental Resources.
I of 2 Initials
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the day of , A.D. ,
2005.
Mayor Dixie Spehar
Mayor Pro Tem Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
Commissioner Murray E. Nelson
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
i
(Seal)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Mayor/Chairperson
MONROE COUNTY ATTORNEY
APPjiO ED S TO FORM
2 of 2 Initials
PROPOSED AMENDMENTS TO THE COMPREHENSIVE
PLAN TO CHANGE THE ROGO AND NROGO POLICY
SECTIONS TO INCLUDE USE OF THE TIER OVERLAY
DISTRICT
THE BOCC ORDINANCE
This ordinance will amend the Monroe County 2010 Comprehensive Plan to change the Rate of
Growth Ordinance (ROGO) and the Non -Residential Rate of Growth Ordinance (NROGO) to
utilize the Tier Overlay as the basis for the competitive point system. The changes will be
implemented by deleting, revising and adding policies, objectives and requirements to Goal 105
of the 2010 Comprehensive Plan and the Tier Overlay district.
[1st of 2 required public hearings]
BOARD OF COUNTY COMMISSIONERS
MARATHON EOC ROOM
DECEMBER 15, 2004
ORDINANCE NO. 2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE
COUNTY 2010 COMPREHENSIVE PLAN TO CHANGE THE RATE OF
GROWTH ORDINANCE (ROGO) AND THE NON-RESIDENTIAL RATE
OF GROWTH ORDINACE (NROGO) TO UTILIZE THE TIER
OVERLAY AS THE BASIS FOR THE COMPETITIVE POINT SYSTEM;
DELETING, REVISING AND ADDING POLICIES, OBJECTIVES AND
REQUIREMENTS FOR THE IMPLEMENTATION OF GOAL 105 OF
THE 2010 COMPREHENSIVE PLAN AND THE TIER OVERLAY
DISTRICT BY DELETING POLICIES 101.4.20, 102.9.5, 102.9.6, 103.2.2,
207.1.2, 207.10.5, 207.12.6 AND OBJECTIVE 1201.13. AND REVISING
POLICIES 101.4.22, 101.14.1, 102.1.1, 102.4.1, 102.4.2, 102.4.3, 102.4.4,
102.4.5, 102.4.6, 102.4.7, 102.7.3, 102.8.1, 102.8.5, 102.9.1, 102.9.2, 102.9.3,
102.9.4, 103.2.1, 205.1, 205.1.1, 205.1.2, 205.1.3, 205.1.4, 205.1.5, 205.1.6,
205.2.1, 205.2.2, 205.2.6, 205.2.7, 205.2.14, 205.5.1, 20.5.5.2, 207.1.2 AND
REVISE OBJECTIVE 102.4, 102.9, 201.1, 205.2 and 205.5, OF THE 2010
COMPREHENSIVE PLAN; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION IN THE MONROE COUNTY CODE OF
ORDINANCES; DIRECTING THE PLANNING AND ENVIRONMENTAL
RESOURCES DEPARTMENT TO TRANSMIT A COPY OF THIS
ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS; AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners, during three public
hearings held in December, 2004 and January and February 2005, reviewed and considered the
proposed amendments to the 2010 Comprehensive Plan to utilize the Tier overlay maps as the
basis for the competitive ROGO and NROGO point systems, limiting development of public
facilities to Tier II and Tier III, and amendments to exempt affordable and employee housing
from the competitive system; and
WHEREAS, the Monroe County Board of County Commissioners" directed staff to
prepare text and map amendments in Ordinance No. 018-2004 adopted June 16, 2004, to include:
Tier Overlay Map designations in accordance with Goal 105; revisions to ROGO and NROGO
based on the Tier system utilizing a positive approach that predominately relies on land
dedication and aggregation; and revisions to the environmental regulations based on the Tier
system rather than the existing Habitat Evaluation Index; and
WHEREAS, Goal 105 provides a framework for future development and land
acquisition for the next 20 years that considers the carrying capacity of the Florida Keys, reduces
sprawl and promotes sustainability; and
pccomp-ROGO NROGO.amend Page 1 of 24
WHEREAS, Tier Maps were developed following the criteria in Goal 105, utilizing
computer mapping (GIS), identifying areas appropriate for additional development and those,
which are important environmentally and should be preserved; and
WHEREAS, the boundaries for the Tier Maps were drawn using environmental and
development information and digital data from the Florida Keys Carrying Capacity Study
(FKCCS), the Planning Department and the Property Appraisers Office and refined through site
visits by the County Biologists and Planners; and
WHEREAS, the proposed ROGO is a positive system, awarding major points for the
Tier location of property: Tier III - +30 points; Tier II - +20 points; Tier I - 0 points. Points may
be accrued by donating lots to the County for preservation in Tier I and Tier II. Additional points
can be gained in Tier II and Tier III by aggregating lots; and
WHEREAS, a separate point system has been included for Big Pine Key and No Name
Key that follows the requirements of the Habitat Conservation Plan permit application and the
Livable CommuniKeys Master Plan for the Islands; and
WHEREAS, ROGO has been completely redrafted utilizing the Tier System as the basis.
The habitat protection and reduction of sprawl, which are the planning reasons for most of the
points were considered during drafting and are the basis of the Tier maps. The sustainability
points, water and energy conservation, are more appropriately addressed in the building code; and
WHEREAS, in response to a BOCC directive the points for lot dedication were modified
to award a point for each 5,000 square feet of an SR platted lot. An IS, URM and CFV platted lot
will receive four points and the single point value for unbuildable platted SR lots reflects the
comparative buildability; and
WHEREAS, the proposed NROGO has been redrafted using the Tier system as the basis
for awarding points dependent on the location of a property. Additional points may be accrued by
dedicating lots, reducing intensity and through landscaping and water conservation; and
WHEREAS, applications for non-residential floor area which include employee housing
as part of the development plan will receive up to four additional points in NROGO; and
WHEREAS, the Planning Commission, after hearing comments at four public hearings,
made changes to the staff draft amendments and recommended approval of the proposed
amendments to incorporate changes to the ROGO and NROGO in the 2010 Comprehensive
Plan; and
WHEREAS, the Planning and Environmental Resources Department has made minor
changes to the proposed draft based on direction of the Planning Commission, including minor
text revisions to ensure readability and correct typographical errors or omissions in the text and
recommends approval of the proposed amendment to the 2010 Comprehensive Plan; and
WHEREAS, the Board of County Commissioners has reviewed the proposed
amendments to the 2010 Comprehensive Plan which amend ROGO and NROGO and finds the
proposed amendment is consistent with and furthers goals, objectives and policies of the Year
pccomp-ROGO NROGO.amend Page 2 of 24
2010 Comprehensive Plan, particularly Goal 105 and recently adopted set of comprehensive plan
amendments to effectuate the Tier system; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1: Amend Policy 101.2.3 as follows:
Policy 101.2.3
The Permit Allocation System for new residential (ROGO) development shall specify
procedures for:
1. annual adjustment of the number of permits for new residential units to be issued
during the next year based upon, but not limited to the following:
phe-atien of the updated tr-anspeftatienmeace--of the Lewer- SeAtneast
e-€vaet-atien- Study every -five years er- when + a
by i iplementatien of r-eadway eapueity impFevements,-new behavie�iFl
data, substantial ehanges in a 1 + pattems (see C +' Ceastal -,1
bV111V11< L ,
a. expired allocations and building permits in previous year;
b. allocations available, but not allocated in previous vear:
C. number of allocations borrowed from future quarters*
d. vested allocations;
e. modifications required or provided by this plan or agreement pursuant to
Chapter 380, Florida Statutes;
f. receipt or transfer of affordable housing allocations by intergovernmental
agreement; and
2. allocation of single and multi family tmit types affordable and market rate
housing units in accordance with Policy 101.2.4; and
3. timing of the acceptance of applications, evaluation of applications and issuance of
permits for new residential development during the calendar year.
Section 2. Amend Policy 101.2.4 as follows:
pccomp-ROGO NROGO.amend Page 3 of 24
Policy 101.2.4
Monroe County shall allocate at least 20 percent of residential (non -transient) growth to affordable
housing units as part of the Permit Allocation System. Any portion of the 20 percent allocation not
used for affordable housing shall be retained and be made available for affordable housing from
ROGO year to ROGO year. Affordable housing eligible for this separate allocation nest shall meet
the criteria specified in Policy 601.1.7. and shall not be subiect to the Residential Permit Allocation
and Point System in Policy 101.5.4. The parcel proposed for affordable housing develepmext shall
not be located in
••' ••� • •, ��•• • • •• • ••�, Y"'Y "'..w .......b.....w �.w1.av11uKa llabal J1aKu vV v�vulYaa�cti
within an area designated as Tier I as set forth under Goal 105.
Section 3. Amend Policy 101.3.1 as follows:
Policy 101.3.1
Monroe County shall maintain a balance between residential and non-residential growth
by limiting the gFess square footage of non-residential development ever- the 15 yeaf
to maintain a ratio of approximately 239 square feet of new
non-residential development for each new residential unit permitted through the
Residential Permit Allocation System. This ratio may be modified from time to time
through amendments to the land development regulations based upon market and other
relevant studies as required by policy 101.3.5. The ratio f r e0 1 allee tie sha l
be revised , pletien „f thp. PP,
baseline analysis . oa >,., ,..1; ,.. 101.34
vv a V , auvQ uYvaa vvaiaYav uvaa Va aav ve
Selz shall be eempleted- ne—leter- than Tana -• ^, ' 997 The commercial allocation
allowed by this policy shall be uniformly distributed on
an annual basis, consistent with the Residential Permit Allocation System as set forth in
Polio 101.2.1. Within-ene „f the e ff e five date of this l��r,,,, ee r,,,,.,+....hall
y11V year- Vl {11V V11V plan,
amend this peliey to speeify the annuW allewable square feetage based open the nuffibe
of rVJaQ VIlal Kl K111FJ allowed VT
year- using the r-atie set fefth in this peliey,
Section 4. Amend Policy 101.3.3 as follows:
Policy 101.3.3
The Permit Allocation System for new non-residential (NROGO) development shall
specify procedures for:
1. the annual adjustment of the square footage allocated for e€ new non-
residential development to be permitted during the next year based upon,
but not limited to:
a) the square footage e€ allocated for new non-residential
development eempleted that expired during the previous year;
r-enewal of expired pefmits; and
pccomp-ROGO NROGO.amend Page 4 of 24
b) the amount of square footage available for allocations but not
allocated in previous yYear;
c) modifications required or provided by this plan; and
d) receipt or transfer of floor area b intergovernmental ntergovernmental agreement
2. maintaining a ratio of approximately 239 square feet of new non-
residential development for each new residential unit permitted through
the Permit Allocation System, as may be amended from time to time in
accordance with Policy 101.3.1; and,
3. timing of the acceptance of applications, evaluation of applications, and
issuance of permits for new non-residential development during the
calendar year.
Section 5. Amend Policy 101.3.4 as follows:
Policy 101.3.4
Public facilities shall be exempted from the requirements of the Permit Allocation System for new
non-residential development. Except within Tier I designated areas under Goal 105 Ecertain
development activity by federally tax-exempt not -for -profit educational, scientific, health, religious,
social, cultural, and recreational organizations may be exempted from the Permit Allocation System
by the Board of County Commissioners after review by the Planning Commission upon a finding
that such activity will predominately serve the County's non -transient population. All public and
institutional uses that predominately serve the County's non -transient population and which house
temporary residents shall be included in the Permit Allocation System for residential development,
except upon factual demonstration that such transient occupancy is of such a nature so as not to
adversely impact the hurricane evacuation clearance time of Monroe County.
Section 6. Amend Policy 101.3.5 as follows:
Policy 101.3.5
By 3e yL4, 1-998 July 2005, Monroe County shall complete a
analysis market demand analysis and economic assessment in ere to determine the
demand for future non-residential development in Monroe County and planning sub-
areas. The non-residential development allocation and Future Land Pse Map (FLUM)
designations for non-residential uses shall be may be revised based upon the results of
this study, and other relevant policy and economic studies and data and provide the basis
for preparing specific amendments to the comprehensive plan to incorporate goals,
objectives and policies on economic development including tourism. The e
analysis will address existing non-residential uses, vacancy rates, economic trends and
demand for non-residential uses by planning sub -area.
Section 7. Amend Policy 101.4.21 by adding (i) under "Notes" in the table entitled "Future Land Use
Densities and Intensities" that reads as follows:
(i) The Maximum Net Density is the maximum density allowable with the use of TDRs
pccomp-ROGO NROGO.amend Page 5 of 24
Section 8. Amend Objective 101.5 as follows:
Objective 101.5
Monroe County shall implement a Point System based primarily on the Tier system of
land classification in accordance with Goal 105, which directs future growth in order to:
1. encourage the redevelopment and renewal of blighted areas [9J-5.006(3)(b)2];
2. maintain and enhance the character of the community [9J-5.006(3)(b)3];
3. protect natural resources [9J-5.006(3)(b)4];
4. encourage a compact pattern of development [9J-5.006(3)(b)7]; and
5. encourage the development of affordable housing; and,
6. encourage development in areas served by central wastewater treatment systems
Section 9. Amend Policy 101.5.1 as follows:
Policy 101.5.1
B'a=uai=T 4, 1997, Monroe County shall adopt through its land development regulations
a new Point System for residential OGO) and non-residential OGO) development
to replace the existing Point System by no later than July 1 2005 Except for affordable
housing, this Point System, as set forth in Policy 101.5 4 for residential development and
Policy 101.5.5 for non-residential development whisk shall be used as a basis for
selecting the development applications which are to be issued permits through the Permit
Allocation System (see Policy 101.2.1). The Point System shall specify positive point
factors which shall be considered as assets and shall specify negative point factors which
shall be considered as liabilities in the evaluation of applications for new residential and
non-residential development.
Section 10. Amend Policy 101.5.2 as follows:
Policy 101.5.2
In order to encourage a compact form of residential growth, the Point System sh" assign pesifiv_e
that results in infill
development in platted, improved subdivisions , the Point System shall be primarily based on the
Tier system of land classification as set forth under Goal 105 [9J-5.006(3xc) I and 6]
Section 11. Amend Policy 101.5.3 as follows:
Policy 101.5.3
In order to encourage a compact form of non-residential growth, the Permit Allocation
System shall limit and direct the ametmt of new non-residential development primarily to
areas designated as Tier III under Goal 105 and provide incentives for redevelopment of
existing developed and vacant infill sites. (See Policy 101.3.1.) [9J-5.006(3)(c)1]
Section 12. Delete existing Policy 101.5.5 and create a new Policy 101.5.4 that reads as follows:
pccomp-ROGO NROGO.amend Page 6 of 24
Policy 101.5.4
Monroe County shall implement the residential Permit Allocation and Point System
through its the land development regulations based primarily on the Tier system of land
classification as set forth under Goal 105. The points are intended to be applied
cumulatively.
1. Tier Designation - Utilizing the Tier System for land classification in Policy
105.2.1, the following points shall be assigned to allocation applications for
proposed dwelling units in a manner that encourages development of infill in
predominately developed areas with existing infrastructure and few sensitive
environmental features and discourages development in areas with environmentally
sensitive upland habitat which must be acquired or development rights retired for
resource conservation and protection.
Criteria:
Point Assignment:
0
Proposes a dwelling
unit within areas
designated Tier I
[Natural Area].
+10
Proposes development
within areas designated
Tier II [Transition and
Sprawl Reduction
Area] on Big Pine or
No Name Key.
+20
Proposes development
within areas designated
Tier II[Transition and
Sprawl Reduction Area]
outside of Big Pine or
No Name Key.
+20
Proposes development
within areas designated
Tier III [Infill Area] on
Big Pine or No Name
Key.
+30
Proposes development
within areas designated
Tier III [Infill Area]
outside of Big Pine or
No Name Key.
pccomp-ROGO NROGO.amend Page 7 of 24
2. Big Pine and No Name Keys - The following negative points shall be cumulatively
assigned to allocation applications for proposed dwellings to implement the Big
Pine Key and No Name Key Habitat Conservation Plan and the Livable
CommuniKeys Community Master Plan.
Point Assignment: Criteria:
-10 Proposes development
on No Name Key.
-10 Proposes development
in designated Lower
Keys Marsh Rabbit
habitat or buffer areas
as designated in the
Community Master
Plan.
-10 Proposes development
in Key Deer Corridor
as designated in the
Community Master
Plan.
3. Lot Aggregation — The following points shall be assigned to allocation applications
to encourage the voluntary reduction of density through aggregation of legally
platted buildable lots within Tier II and Tier III areas.
Point Assignment: Criteria:
+4 Proposes to aggregate
a contiguous vacant,
legally platted lot
within a Tier II or Tier
III area with sufficient
lot size and upland
area to be buildable
together with the
parcel proposed for
development.
+4 Each additional
contiguous vacant,
legally platted lot
which is aggregated in
Tier II or III area that
meets the
aforementioned
requirements will earn
pccomp-ROGO NROGO.amend Page 8 of 24
additional points as
specified.
4. Land Dedication — The following points shall be assigned to allocation
applications to encourage the voluntary dedication of vacant, buildable land within
Tier I and Tier II designated areas and certain legally, platted lots and unplatted
parcels in Tier I that are of insufficient size to be buildable for the purposes of
conservation, resource protection, restoration or density reduction and, if located in
Tier II or Tier III, for the purpose of providing land for affordable housing where
appropriate.
Point Assignment:
Criteria:
+4
Proposes dedication to
Monroe County of one
vacant, legally platted
lot of sufficient
minimum lot size and
upland area to be
buildable. Each
additional vacant,
legally platted lot that
meets the
aforementioned
requirements will earn
points as specified.
+1 for each 5,000 square feet of lot size
Proposes dedication to
Monroe County of a
vacant, legally platted
lot of 5,000 square
feet or more in size,
designated as
Residential Low with
a maximum net
density within a Tier I
area and containing
sufficient upland area
to be buildable. Each
additional vacant,
legally platted lot that
meets the
aforementioned
requirements will earn
points as specified.
+0.5
Proposes dedication to
Monroe County of one
(1) vacant, legally
Tatted lot of at least
pccomp-ROGO NROGO.amend Page 9 of 24
5,000 square feet in
size within a Tier I
area, designated as
Residential
Conservation, or
Residential Low with
no maximum net
density, containing
sufficient upland to be
buildable. Each
additional vacant,
legally platted lot that
meets the
aforementioned
requirements will earn
points asspecified.
+4 Proposes dedication to
Monroe County of at
least one (1) acre of
vacant, unplatted land
located within a Tier I
area containing
sufficient upland to be
buildable. Each
additional one (1)
acre of vacant,
unplatted land that
meets the
aforementioned
requirements will earn
points as specified.
5. Market Rate Housing in Employee or Affordable Housing Project- The
following points shall be assigned to allocation applications for market rate housing
units in an employee or affordable housing project:
Point Assignment: Criteria:
+3 Proposes a market rate
housing unit which is
part of an affordable
or employee housing
project; both
affordable and
employee housing
shall meet the policy
guidelines for income
pccomp-ROGO NROGO.amend Page 10 of 24
in Policy 601.1.7 and
other requirements
pursuant to the Land
Development
Regulations.
6. Special Flood Hazard Areas — The following points shall be assigned to allocation
applications for proposed dwelling unit(s) to provide a disincentive for locating
within certain coastal high flood hazard areas:
Point Assi nment: Criteria:
-4 Proposes development
within "V" zones on
the FEMA flood
insurance rate maps.
7. Central Wastewater System Availability — The following points shall be
assigned to allocation applications:
Point Assignment: Criteria:
+4 Proposes development
required to be
connected to a central
wastewater treatment
system that meets the
BAT/AWT treatment
standards established
by Florida Legislature
and Policy 901.1.1.
8. Perseverance Points — One (1) point shall be awarded for each year that the
allocation application remains in the allocation system up to a maximum
accumulation of four (4) points.
Section 13. Delete Policy 101.5.5 in its entirety and replace with new Policy 101.5.5 that
reads as follows:
Policy 101.5.5
Monroe County shall implement the non-residential Permit Allocation and Point System
through its land development regulations based primarily on the Tier system of land
classification pursuant to Goal 105. The points are intended to be applied cumulatively.
pccomp-ROGO NROGO.amend Page 11 of 24
1. Tier Designation — Utilizing the Tier System for land classification in Policy
105.2.1, the following points shall be assigned to allocation applications for
proposed non-residential development in a manner that encourages development of
infill in predominately developed areas with existing infrastructure, commercial
concentrations, and few sensitive environmental features, and discourages
development in areas with environmentally sensitive upland habitat, which must
acquired or development rights retired for resource conservation and protection:
Point Assi nment Criteria:
0 Proposes non-residential development within
an area designated Tier I [Natural Area]
10 Proposes non-residential development within
an area designated Tier II [Transition and
Sprawl Reduction Area].
+20 Proposes non-residential development within
an area designated Tier III [Infill Area].
2. Intensity Reduction. The following points shall be assigned to allocation
applications to encourage the voluntary reduction of intensity:
Point Assignment: Criteria:
+ 4 An application proposes development that
reduces the permitted floor area ratio (FAR) to
twenty three percent (23%) or less.
3. Land Dedication - The following points shall be assigned to allocation applications
to encourage the voluntary dedication of vacant, buildable land within Tier I and
Tier II designated areas and certain legally platted lots and unplatted parcels in Tier
I that are of insufficient size to be buildable for the purposes of conservation,
resource protection, restoration or density reduction and, if located in Tier II or Tier
III, for the purpose of providing land for affordable housing where appropriate.
Criteria:
Proposes dedication to Monroe County of one
(1) vacant, legally platted lot of sufficient
minimum lot size and upland area to be
buildable. Each additional vacant. legally
pccomp-ROGO NROGO.amend Page 12 of 24
platted, buildable lot which is dedicated that
meets the aforementioned requirements will
earn the additional points asspecified.
+1 per 5,000 square Proposes dedication to Monroe County of a
feet of lot area vacant legally platted lot of five thousand
(5,000) square feet or more in size, designated
as Residential Low with maximum net density
within a Tier I area and containing sufficient
upland to be buildable. Each additional vacant,
legally platted lot, that meets the
aforementioned requirements will earn points as
s ecified.
+0.5 Proposes dedication to Monroe County of one
(1) vacant, legally platted lot of five thousand
(5,000) square feet or more within a Tier I area
designated as Residential Conservation, or
Residential Low with no maximum net density,
containing sufficient upland to be buildable.
Each additional vacant, legally platted lot that
meets the aforementioned requirements will
earn points as specified.
+4 Proposes dedication to Monroe County of at
least one (1) acre of vacant, unplatted land
located within a Tier I area containing sufficient
upland to be buildable. Each additional one (1)
acre of vacant, unplatted land that meets the
aforementioned requirements will earn the
points ass ecified.
4. Special Flood Hazard Area - The following points shall be assigned to allocation
applications to discourage development within high risk special flood hazard zones:
Point Assignment: Criteria:
- 4 Proposes development within a "V" zone on the
IFEMA Flood Insurance Rate Map.
5. Perseverance Points - One (1) or two (2) points shall be awarded for each year
that the allocation application remains in the system.
6. Highway Access - The following points shall be assigned to allocation applications
to encourage connections between commercial uses and reduction of the need for
trips and access onto U.S. Highway 1:
Point Assignment: Criteria:
pccomp-ROGO NROGO.amend Page 13 of 24
+3 The development eliminates an existing
driveway or access -way to U.S. Highway 1.
+2 The development provides no new driveway or
access -way to U.S. Highway 1.
7. Landscaping and Water Conservation - The following points shall be assigned
to allocation applications to encourage the planting of native vegetation and
promote water conservation:
Point Assignment:
Criteria:
+3
The project provides a total of two hundred
percent (200%) of the number of native
landscape plants on its property than the
number of native landscape plants required by
this chapter within landscaped bufferyards and
parking areas.
+1
Twenty-five percent (25%) of the native plants
provided to achieve the three (3) point award
above or provided to meet the landscaped
bufferyard and parking area requirements of
this chapter are listed as threatened or
endangered plants native to the Florida Keys.
+2
Project landscaping is designed for water
conservation such as use of one hundred percent
(100%) native plants for vegetation, collection
and direction of rainfall to landscaped areas, or
the application of re -used wastewater or treated
seawater for watering landscape plants.
8. Central Wastewater System Availability — The following points shall be
assigned to allocation applications:
Point Assignment: Criteria:
+4 Proposes development
required to be
connected to a central
wastewater treatment
system that meets the
BAT/AWT treatment
standards established
by Florida Legislature
and Policy 901.1.1.
pccomp-ROGO NROGO.amend Page 14 of 24
9. Employee Housing - The following points, up to a maximum of four (4), shall be
assigned to allocation applications for employee housing units:
Point Assignment: Criteria:
+2 Proposes an employee
housing unit which is
located on a parcel
with a non-residential
use.
+2 One (1) additional
employee housing unit
located on the parcel
with a non-residential
use
Section 14. Amend Policy 101.5.6 to read as follows:
Policy 101.5.6
The Residential and Non-residential Point Systems shall be monitored on an annual basis
and revised as necessary to add, delete oaojttst positive and negafi a fete ^ based on
new studies and data in a manner that is consistent with and furthers the Roals. policies.
and objectives of this plan. - .,hieh may be identified by studies preparedart of the
...men4afie of the Geals, Objeetives-and Pelieies of the-Gempr-ehensiy De Plan. Sue.h.
adjustmen4s te the Peint Systems shall result in amendmen4s to the Cempr-ehensive PI
an&er- land develepment r-egulatiens ate. These stmudies inelude, but are net.
limited te:
H- •
_ • IMMIMER ME".
Section 15. Delete Policy 101.5.7 and 101.5.8.
pccomp-ROGO NROGO.amend Page 15 of 24
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pccomp-ROGO NROGO.amend Page 16 of 24
Section 16. Amend and renumber Policy 101.5.9 as follows:
Policy 101.5.9101.5.7
Monroe County shall allow for the development of residential multi family projects with
multiple units within the Permit Allocation System. If a project ranks high enough in the
Point System for a portion of the development to receive an allocation award, but the
project includes more units than are available during an allocation period, the entire
project may receive allocation awards if the excess allocation is reduced from the next
allocation period(s). Multi family a ,-dable housing ^ elderly housing p eets shall be
Section 17. Amend and renumber Policy 101.5.10 as follows:
Policy 0101.5.8
Monroe County may develop a program, called Transfer of ROGO Exemption (TRE),
that would allow for the transfer off -site of dwelling units, hotel rooms,
cMuound/recreational vehicle spaces and/or mobile homes to another site in the same
ROGO sub -area, provided that they are lawfully existing and can be accounted for in the
County's hurricane evacuation model. In addition, the new receiver site weuld not be
eligible ..... any ..eba...... ..... as v.aai•va.tu. Yviuw uaiuva Rvv vwicazZiiv-vim'
pr-epeAies designated Residential Hi shall be located within a Tier III area and for a
receiver site on Big Pine Key and No Name Key, the sending site shall also be located on
one of those two islands. A%eu a multiple family he de ele n4 utilizes T-R , any other- units in that same pr-ejeet that are pefmifted dffeugh the ROGO pr-eeess may be
Section 18. Amend Policy 101.6.1 as follows:
Policy 101.6.1
Monroe County shall, upon a property owner's request, purchase property for fair market
value or permit the minimum reasonable economic use of the property pursuant to Policy
101.6.5, if the property owner meets the following conditions:
1. they have been denied an allocation award for four successive years in the Pefmit it
Allocation System-,
2. their proposed development otherwise meets all applicable county, state, and
federal regulations;
their allocation application has not been withdrawn;
4. they have complied with all the requirements of the Permit Alleea4ien Syste,r.
Residential or Non-residential Permit Allocation System; and
they follow the procedures for administrative relief contained in the Dwel ing
Unit t A ll.,e do nfdin. nee in the land development regulations.
pccomp-ROGO NROGO.amend Page 17 of 24
As used in this Policy, "minimum reasonable economic use" shall mean, as applied to any
residentially zoned lot of record which was buildable immediately prior to the effective
date of the Plan, no less than a single-family residence. "Fair market value" shall be an
amount which is no less than ad valorem valuation in the Monroe County Real Property
Tax Roll for the year 1992, adjusted for inflation, or the current fair market value
whichever is greater.
Section 19. Delete Policy 101. 6.5 and Policy 101.6.6 and replace with new Policy 101.6.5.
`insUNION
WMW•
V__W
These lands eensider-ed most sensitive meer-ding to the eembinatien ef (a), (b) and (e)
above shall be u vu
as the highest priority for- aequisitien.
Policy 101.6.5
Monroe County shall pursue land acquisition through voluntary purchase of lands from
private property owners denied a building permit through the Permit Allocation System,
as the preferred option for administrative relief pursuant to Policy 101.6.1, if the subject
permit is for development located within:
1. a designated Tier I area;
2. a designated Tier II area requiring the clearing of 5,000 square feet or more of
upland tropical hardwood hammock or pinelands habitat; or,
pccomp-ROGO NROGO.amend Page 18 of 24
3. a designated Tier II or Tier III area on a non -waterfront lot suitable for affordable
housing.
Refusal of the purchase offer by a property owner shall not be grounds for the granting of
a ROGO or NROGO award.
Section 20. Amend Policy 101.12.4 to read as follows:
Policy 101.12.4
Upon adoption of the Comprehensive Plan, Monroe County shall require that the
following analyses be undertaken prior to finalizing plans for the siting of any new or the
significant expansion (greater than 25 percent) of any existing public facility:
assessment of needs;
2. evaluation of alternative sites and design alternatives for the seleeted alternative
sites; and,
3. assessment of direct and secondary impacts on surrounding land uses and natural
resources.
The assessment of impacts on surrounding land uses and natural resources will evaluate
the extent to which the proposed public facility involves public expenditures in the
coastal high hazard area and within environmentally sensitive areas, including disturbed
salt marsh and buttonwood wetlands, undisturbed beach berm areas, units of the Coastal
Barrier Resources System, undisturbed uplands (particularly high quality hammock and
pinelands), habitats of species considered to be threatened or endangered by the state
and/or federal governments, offshore islands, and Censefvatie n Land PFeteefien Areas
designated Tier I areas.
Except for passive recreational facilities on publicly -owned land no new public
community or utility facility other than water distribution and sewer collection lines or
pump/vacuum/lift stations shall be allowed within Tier I designated areas unless it can be
accomplished without clearing of hammock or pinelands Exceptions to this requirement
may be made to protect the public health safety, and welfare if all the following criteria
are met:
1. No reasonable alternatives exist to the proposed location,• and '
2. The proposed location is approved by a supermajority of the Board of County
Commissioners.
The site of the Key Largo Wastewater Treatment Facility (located at mile marker 100.5)
with an allowed clearing of up to 4.2 acres shall not be subject to this policy.
Section 21. Delete Policy 101.13.3.
Policy 101.13.3
pccomp-ROGO NROGO.amend Page 19 of 24
Section 22. Renumber and amend Policy 101.13.4 as follows:
Policy 101T3.4 101.13.3
r-egulatiens. The Maximum Net Density is the maximum density allowable with the use
of TDRs, and shall not exceed the maximum densities established in this plan. Deasiy
The transfer-s assignment of TDRs to Big Pine Key, No Name Key, and North Key Largo
from other areas of the County shall be prohibited.
Section 23. Delete Policy 101.13.5.
. ....... ..
. . .....
Section 24. Amend and renumber Policy 101.13.6 as follows:
Policy 1 n�101.13.4
In conjunction with the first annual review of the Peint System evaluation of the existing
TDR prog am pursuant to Policy 101.13.2, parcels within the following habitats and land
use districts shall be designated as sender sites for Transferable Development Rights
(TDRs) and Potential Develepmen4 Credit inyC .
Any parcel within these zoning categories:
Offshore Island (OS)
Mainland Native (MN)
Native (NA)
Sparsely Settled (SS)
Parks and Refuge (PR)
Conservation (C)
Habitat of the following types which lie within any zoning category:
Freshwater wetlands
pccomp-ROGO NROGO.amend Page 20 of 24
Saltmarsh/Buttonwood wetlands
High quality high hammock
High quality low hammock
Moderate quality high hammock
Moderate quality low hammock
High quality pinelands
Low quality pinelands
Beach/berm
Palm Hammock
Cactus Hammock
Disturbed Wetlands
Section 25. Delete Policy 101.13.7 and Policy 101.13.8.
_.
- T �-
SP SR (disturbed --land
neE
to inelude wetlands) least points
Section 26. Amend and renumber Policy 101.13.9 as follows:
Policy 101.13.9101.13.5
No later- than one year- fiem the effeetive da4e of this In conjunction with the
evaluation of the TDR program pursuant to Policy 101 13 2 and no later than one year
from the date when the County's Geographic Information System is fully functional,
Monroe County shall map potential TDR sender and receiver sites as specified in Peheies
101.13.6 cough '—�.�.9 Policy 101.13.4, and shall map parcels from which
development rights have been transferred. These maps shall be updated as necessary and
pccomp-ROGO NROGO.amend Page 21 of 24
made available to Growth Management staff and public for use in the development
review process.
Section 27. Amend Policy 102.3.1 as follows:
Policy 102.3.1
The Permit Allocation System (see Future Land Use Objectives 101.2 through 101.4 and
related policies) shall have the following environmental protection goals:
1. to reduce the exposure of residents to natural hazards;
2. to reduce disturbances to natural vegetation resource areas;
to reduce disturbances to terrestrial wildlife resources areas;
4. to reduce impacts of new development on .-..,.,,,adwa4er and nearshore waters;
5. to acquire vacant rivately-owned environmentally sensitive lands for
conservation and resource protection;
6. to encourage infill development where existing lands are already substantially
developed, served by complete infrastructure facilities and within close proximity
to established commercial areas and have few sensitive or significant
environmental features-,
7. to ensure that the ecological integrity of natural areas is protected when land is
developed; and
6:8. to reduce adverse impacts on endangered and threatened species.
Accordingly, the Point System, which shall be used as the basis for the annual allocation
of permits, shall assign negative and/or positive points to development applications-lhased
upen�that helps to achieve the above environmental protection coals.
2. proposed utilization of best management pFaetiees for- wastewater- tfeatmen4 an
(See Future Land Use Objective 101.5 and related policies for a list of positive and
negative factors to be included in the Permit Allocation System.) [W-5.006(3)(c)l and 6]
Section 28 If any section, subsection, sentence, clause or provision of this ordinance is held
invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 29. All ordinances or parts of ordinances in conflict with this ordinance are hereby
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.
pccomp-ROGO NROGO.amend Page 22 of 24
Section 30. This ordinance does not affect prosecutions for ordinance violations committed prior
to the effective date of this ordinance; does not waive any fee or penalty due or unpaid on the
effective date of this ordinance; and does not affect the validity of any bond or cash deposit
posted, filed, or deposited pursuant to the requirements of any ordinance.
Section 31. This ordinance shall be filed in the Office of the Secretary of 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.
Section 32. This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs to determine the consistency of this
ordinance with the Florida Statutes.
Section 33. The provisions of this ordinance shall be included and incorporated in the Code of
Ordinances of the County ofMonroe, Florida, as an addition or amendment thereto, and shall be
appropriately numbered to conform to the uniform numbering system of the Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the day of , A.D. , 2005.
Mayor Dixie Spehar
Mayor Pro Tem Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
Commissioner Murray E. Nelson
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
IM
(SEAL)
ATTEST: DANNYL. KOLHAGE, Clerk
Mayor/Chairperson
MONROE COUNTY ATTORNEY
APPROV 0 S TO FORM
WM
Deputy Clerk
pccomp-ROGO NROGO.amend Page 23 of 24
STAFF REPORT
BOARD OF COUNTY COMMISSIONERS
MARATHON EOC ROOM
DECEMBER 15, 2004
Monroe County Department of Planning and Environmental Resources
2798 Overseas Highway Marathon Florida 33050
305-289-2500 o conaway-marlenena monroecouny-fl gov
November 28, 2004
TO: Monroe County Board of County Commissioners
FROM: K. Marlene Conaway, Director
RE: ROGO/NROGO Comprehensive Plan amendment to implement Goal 105
Introduction
Goal 105 provides a framework for future development and land acquisition for the next
20 years that considers the carrying capacity of the Florida Keys, reduces sprawl and
promotes sustainability. Attached is the proposed amendment to the Comprehensive Plan
to implement the goal, Rule 28-100 and the Florida Keys Carrying .Capacity, Study
(FKCCS).
Staff is recommending that three public hearings be held before the Board of County
Commissioners, one in each area, before adoption of the Transmittal Resolution.
Hopefully, this schedule will allow us to finish the adoption process by June 2005.
Background
The Board of County Commissioners (BOCC), at a regular meeting on January 21, 2004,
directed Growth Management staff to prepare an ordinance deferring ROGO and
NROGO allocation awards in areas containing tropical hardwood hammock or pinelands
of two acres or greater within Tier I - Conservation and Natural Areas (CNA), while staff
prepares draft text and map amendments and other supporting studies in order to
effectuate the provisions of Goal 105 of the 2010 Comprehensive Plan, and Rule 28-
20.100 FAC.
The Planning Commission reviewed the staff proposed draft at a workshop in June and an
amended draft in four public meetings in September, October and November 2004. The
Planning Commission approved several amendments and voted to recommend the
attached draft to the BOCC on November 3, 2004. During the summer three focus group
meetings were held; two with the construction industry representatives and one with a
group of interested individuals and environmental groups. Several planned, meetings were
cancelled due to the hurricanes. Finally two evening community workshops, one in Key
Largo and one in Sugarloaf, were held in October.
ROGO Amendment
Overview
ROGO has been completely redrafted utilizing the Tier System as the basis. A
comparison between the proposed ROGO and the existing system is attached (A). Where
the current ROGO has eighteen criteria for assigning points, the proposed ROGO
contains six criteria. The habitat protection and reduction of sprawl, which are the
planning reasons for most of the points, were considered during drafting and are the basis
of the Tier maps. The sustainability points, water and energy conservation, are more
appropriately addressed in the building code.
Monroe County Department of Planning and Environmental Resources
2798 Overseas Highway Marathon Florida 33050
305-289-2500 conaway-marlenepmonroecouny-fl.gov
The proposed ROGO is a positive system, awarding major points for the Tier location of
a property: Tier III - +30 points; Tier II - +20 points; Tier I - 0 points. The point system
is different on BPK and NNK because the Habitat Conservation Plan for the islands
controls the permitting. Points may be accrued by donating lots to the county for
preservation in Tier I and Tier II. Additional points can be gained in Tier II and Tier III
by aggregating lots.
A change to the points for the donation of platted lots awards a point for each 5,000
square feet of a Suburban Residential (SR) platted lot and 1/2 point for a 5,000 square
foot Native (NA) or Suburban Residential (SR) lot. An Improved Subdivision (IS),
Urban Residential Mobile Home (URM) and Commercial Fishing (CFV) platted lot is
buildable and receives four points. The single point value for unbuildable platted SR lots
and 1/2 point for NA and SS lots reflects the comparative buildability. Awarding points
for unbuildable lots to encourage donation is in response to a BOCC direction.
Major changes are proposed for affordable housing to assure they remain affordable for
the workforce, long term. Allocations for affordable/employee housing will only be
made for projects in Tier II and Tier III. Any projects receiving public financial
assistance will be required to keep the projects affordable for 99 years. Affordable
ROGO allocations will be provided on a first come, first served basis with the ability for
public or private agencies to reserve allocations with BOCC approval contingent upon
keeping the projects affordable for 99 years. To encourage mixed income projects, the
20% market rate housing permitted in employee housing projects will qualify for +3
points in ROGO.
Issues
1. Payment into a Land Acquisition Fund for Points: A purchase of points option was
considered and not recommended by the PC. Up to three points could be purchased for a
fee approximately equal to the cost per point of purchasing and dedicating a ROGO lot.
The PC is concerned that by changing the system there would be less conservation lots
purchased. Staff still considers this a viable option and recommends that the BOCC
consider adopting the following addition to Policy 101.5.4:
10. Payment to the Land Acquisition Fund — Up to three (3) points shall be
awarded for a monetary payment by the applicant to the County's land acquisition
fund for the purchase of lands for conservation and affordable housing and
retirement of development rights. The monetary value of each point shall be set
annually by the County based on upon the average ad valorem valuation of all
vacant privately owned IS/URM zoned platted lots on the current Monroe County
Real Property Tax Roll.
The following change would need to be made to the LDRS to implement the Policy:
0) Payment to land acquisition fund: Up to three (3) points shall be awarded for a monetary payment
to the County's Land Acquisition Fund for the purchase by the County of lands for conservation and
Monroe County Department of Planning and Environmental Resources
2798 Overseas Highway Marathon Florida 33050
305-289-2500 conaway-marlenepmonroecouny-fl.gov
affordable housing and retirement of development rights. Points for payment to this fund shall be assigned
as follows: -
Point Assi nment: Criteria:
+ 1 to +3 Proposes payment to the County's Land Acquisition
Fund in an amount equal to the monetary value of a
ROGO dedication point times the number of points
to be purchased up to a maximum of three (3)
oints.
Additional Requirements:
1.The monetary value of each point shall be
established annually by resolution of the board
of county commissioners.
2. The monetary value of each point shall be based
upon the average ad valorem value of privately -
owned, vacant, IS/URM platted lots divided by
four (4).
3. Payment to the County's Land Acquisition Fund
shall be made prior to the issuance of any
building permit pursuant to an allocation award.
2. Hybrid ROGO System: An alternative ROGO system, which proposes that the
market rate housing share be allocated through both a competitive system and a lottery
system, was reviewed and not recommended by the Planning Commission. Staff has
included it in the BOCC packet to provide an opportunity for Board review of the issue.
The testimony in the PC public hearings was not in support of the proposal.
Approximately 20% of the market rate housing would be available through the lottery
and the remainder available for those applicants who wish to have the assurance gained
from the competitive system. The applicant determines if he wants to compete or enter
the lottery. A threshold of 30 points is required to be eligible to enter the lottery. This
duel system would provide a means for those who cannot afford to purchase lots to
donate for points to have a chance of receiving an allocation. After four years applicants
that have not received an allocation can apply for Administrative Relief.
NROGO Amendment
NROGO has also been completely redrafted utilizing the Tier System as the basis of the
point awards, including special provisions for Big Pine Key and No Name Key. The
proposed NROGO is a positive system, awarding major points for the Tier location of a
property. Additional points may be accrued by dedicating lots, reducing intensity and
through landscaping and water conservation. Up to four points may be assigned to an
NROGO application when employee housing is proposed to be located on the parcel with
the non-residential floor area.
' This new provision allows payment to a County Land Acquisition Fund in lieu of lot dedication; however,
the number of points that can be purchased are limited to only three.
PLANNING COMMISSION RESOLUTION
BOARD OF COUNTY COMMISSIONERS
MARATHON - EOC ROOM
DECEMBER 15, 2004
PLANNING COMMISSION RESOLUTION NO
A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION
RECOMMENDING APPROVAL TO THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS OF THE REQUEST BY THE MONROE
COUNTY PLANNING DEPARTMENT OF AMENDMENTS TO THE MONROE
COUNTY 2010 COMPREHENSIVE PLAN TO CHANGE THE RATE OF
GROWTH ORDINANCE (ROGO) AND THE NON-RESIDENTIAL RATE OF
GROWTH ORDINACE (NROGO) TO UTILIZE THE TIER OVERLAY AS THE
BASIS FOR THE COMPETITIVE POINT SYSTEM. DELETING, REVISING
AND ADDING POLICIES, OBJECTIVES AND REQUIREMENTS FOR THE
IMPLEMENTATION OF GOAL 105 OF THE 2010 COMPREHENSIVE PLAN
AND THE TIER OVERLAY DISTRICT BY DELETING POLICIES 101.4.20,
102.9.5, 102.9.6, 103.2.2, 207.1.2, 207.10.5, 207.12.6 AND OBJECTIVE 1201.13.
AND REVISING POLICIES 101.4.22, 101.14.1, 102.1.1, 102.4.1, 102.4.2, 102.4.3,
102.4.4, 102.4.5, 102.4.6, 102.4.7, 102.7.3, 102.8.1, 102.8.5, 102.9.1, 102.9.2,
102.9.3, 102.9.4, 103.2.1, 205.1, 205.1.1, 205.1.2, 205.1.3, 205.1.4, 205.1.5,
205.1.6, 205.2.1, 205.2.2, 205.2.6, 205.2.7, 205.2.14, 205.5.1, 205.5.2, 207.1.2
AND REVISE OBJECTIVE 102.4, 102.9, 201.1, 205.2 and 205.5, OF THE 2010
COMPREHENSIVE PLAN.
WHEREAS, the Monroe County Planning Commissioner, during a public hearings held November 16,
2004, reviewed and considered the proposed amendments to utilize the Tier overlay maps as the basis for the
competitive ROGO and NROGO point systems, limiting development of public facilities to Tier II and Tier III,
and amendments to exempt affordable and employee housing from the competitive system; and
WHEREAS, the Monroe County Board of County Commissioners directed staff to prepare text and
map amendments in Ordinance No. 0 18 -2004 adopted June 16, 2004, to include: Tier Overlay Map designations
in accordance with Goal 105; revisions to ROGO and NROGO based on the Tier system utilizing a positive
approach that predominately relies on land dedication and aggregation; and revisions to the environmental
regulations based on the Tier system rather than the existing Habitat Evaluation Index; and
WHEREAS, Goal 105 provides a framework for future development and land acquisition for the next
20 years that considers the carrying capacity of the Florida Keys, reduces sprawl and promotes sustainability;
and
WHEREAS, Tier Maps were developed following the criteria in Goal 105, utilizing computer mapping
(GIS), identifying areas appropriate for additional development and those, which are important environmentally
and should be preserved; and
WHEREAS, the boundaries for the Tier Maps were drawn using environmental and development
information and digital data from the Florida Keys Carrying Capacity Study (FKCCS), the Planning
Department and the Property Appraisers Office and refined through site visits by the County Biologists and
Planners; and
pccomp plan-ROGO NROGO.amend
WHEREAS, Tier I includes all contiguous hammock areas above four acres and restoration areas
between fragmented smaller hammock patches to increase the hammock size and buffers where
possible. Hammock size is a major determinate of habitat quality according to FKCCS, which is why
size and connectivity were used to identify the best and most important terrestrial habitat areas for
preservation; and
WHEREAS, Tier II contains smaller hammock patches isolated by surrounding development; the
quality is reduced because of the negative secondary impacts of development. These areas still contain a
large number of undeveloped lots; and
WHEREAS, Tier III is appropriate for additional infill development because of the location and
amount of existing development in the areas designated; and
WHEREAS, hammock size is a major determinate of habitat quality according to the FKCCS,
therefore size and connectivity are used in determining the boundary of the Tiers to identify the best and
most important terrestrial habitat areas for preservation; and
WHEREAS, the proposed ROGO is a positive system, awarding major points for the Tier location
of property: Tier III - +30 points; Tier II - +20 points; Tier I - 0 points. Points may be accrued by
donating lots to the County for preservation in Tier I and Tier II. Additional points can be gained in Tier
II and Tier III by aggregating lots; and
WHEREAS, a separate point system has been included for Big Pine Key and No Name Key that
follows the requirements of the Habitat Conservation Plan permit application and the Livable
CommuniKeys Master Plan for the Islands; and
WHEREAS, ROGO has been completely redrafted utilizing the Tier System as the basis. The
habitat protection and reduction of sprawl, which are the planning reasons for most of the points were
considered during drafting and are the basis of the Tier maps. The sustainability points, water and
energy conservation, are more appropriately addressed in the building code; and
WHEREAS, in response to a BOCC direction the points to lot dedication were modified to award a
point for each 5,000 square feet of an SR platted lot. An IS, URM and CFV platted lot will receive four
points and the single point value for unbuildable platted SR lots reflects the comparative buildability;
and
WHEREAS, the proposed NROGO has been redrafted using the Tier system as the basis for
awarding points dependent on the location of a property. Additional points may be accrued by
dedicating lots, reducing intensity and through landscaping and water conservation; and
WHEREAS, applications for non-residential floor area which include employee housing as part of
the development plan will receive up to four additional points in NROGO; and
WHEREAS, the Planning and Environmental Resources Department have made changes to the
proposed draft based on comments at the public workshops and hearing and direction of the Planning
Commission; and
pccomp plan-ROGO NROGO.amend
WHEREAS, the Planning Commission, after hearing public comments and staff input at four
public hearings, finds the proposed amendments to the to the 2010 Comprehensive Plan to utilize the
Tier overlay maps as the basis for the competitive ROGO and NROGO point systems, limiting
development of public facities to Tier II and Tier III, and amendments to exempt affordable and
employee housing from the competitive system are consistent with and further goals, objectives and
policies of the Year 2010 Comprehensive Plan, particularly Goal 105 and recently adopted set of
comprehensive plan amendments to effectuate the Tier system;
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County
Board of County Commissioners of the following amendment to the Land Development
Regulations:
Section 1: Amend Policy 101.2.3 as follows:'
Policy 101.2.3
The Permit Allocation System for new residential (ROGO) development shall specify
procedures for:
1. annual adjustment of the number of permits for new residential units to be issued
during the next year based upon, but not limited to the following:
b. appheatien of the updated tr-aaspet4afiea mede! of the Lower- seuth
yeafs va "en waffanted
by implementation of oadway eapaeit imprevements, new behavieFEfl
data, ^r—substantial ehanges in development ++efas /see r tiefi
a
a. expired allocations and building permits in previous year-,
b. allocations available, but not allocated in previous
C. number of allocations borrowed from future quarters;
d. vested allocations;
e. modifications required or provided by this plan or agreement pursuant to
Chapter 380, Florida Statutes,•
1 Except where further noted, these revisions reflect the updates made to ROGO since the comprehensive plan was
adopted and revises the apparent conflict in the text of point 2 with the content of Policy 101.2.4. Rather than
allocating between single and multi -family unit types, allocations are by affordable and market rate housing.
pccomp plan-ROGO NROGO.amend
f. receipt or transfer of affordable housing allocations by intergovernmental
awreement, and
2. allocation of single and multi family unit types affordable and market rate
housing units in accordance with Policy 101.2.4; and
3. timing of the acceptance of applications, evaluation of applications, and issuance of
permits for new residential development during the calendar year.
Section 2. Amend Policy 101.2.4 as follows:2
Policy 101.2.4
Monroe County shall allocate at least 20 percent of residential (non -transient) growth to affordable
housing units as part of the Pernut Allocation System. Any portion of the 20 percent allocation not
used for affordable housing shall be retained and be made available for affordable housing from
ROGO year to ROGO year. Affordable housing eligible for this separate allocation must shall meet
the criteria specified in Policy 601.1.7. and shall not be subject to the Residential Pen -nit Allocation
and Point System in Policy 101.5.4. The parcel proposed for affordable housing develeptt shall
not be located in . mtpnn
�•' ••� • •, --•• • • •• • ••�, Y�"Y•••..w ..w.b............ i�waa.vaauw i aa�i vaaura vv vnviaar�a..�a
within an area designated as Tier I as set forth under Goal 105.
Section 3. Amend Policy 101.3.1 as follows:3
Policy 101.3.1
Monroe County shall maintain a balance between residential and non-residential growth
by limiting the gross square footage of non-residential development
to maintain a ratio of approximately 239 square feet of new
non-residential development for each new residential unit permitted through the
Residential Permit Allocation System. This ratio may be modified from time to time
through amendments to the land development regulations based upon market and other
relevant studies as required by policy 101.3.5.
whieh shall be eempleted ne later- than januafy-4-997 . The commercial allocation
allowed by this policy shall be uniformly distributed ever- the 15 year -planning her-ize on
an annual basis, consistent with the Residential Permit Allocation System as set forth in
Policy 101.2.1. ,
2 This revision reflects that affordable housing will no longer compete under ROGO, but will still be subject to the
limits on number of affordable ROGO allocations that can be awarded. In addition, the revision reflects the
elimination of negative environmental point categories in ROGO with the use of the Tier system.
3 Amendments to this policy are intended to provide the basis for making amendments to the floor space to dwelling
unit ratio as needed to accommodate changing needs and policies. The County has already had one study completed
concerning market demand for non-residential development and shortly the results of more in-depth report on
market demand and needs for non-residential floor area will be completed.
pccomp plan-ROGO NROGO.amend
Section 4. Amend Policy 101.3.3 as follows:4
Policy 101.3.3
The Permit Allocation System for new non-residential OGO) development
shall specify procedures for:
the annual adjustment of the square footage allocated for of new non-
residential development to be permitted during the next year based upon.,
but not limited to:
a) the square footage of allocated for new non-residential
development eempleted that expired during the previous year;
b) the amount of square footage available for allocations but not
allocated in previous year;
c) modifications required or provided by this plan; and,
d) receipt or transfer of floor area by intergovernmental agreement.
2. maintaining a ratio of approximately 239 square feet of new non-
residential development for each new residential unit permitted through
the Permit Allocation System, as may be amended from time to time in
accordance with Policy 101.3.1; and,
3. timing of the acceptance of applications, evaluation of applications, and
issuance of permits for new non-residential development during the
calendar year.
Section 5. Amend Policy 101.3.4 as follows:5
Policy 101.3.4
Public facilities shall be exempted from the requirements of the Pemut Allocation System
for new non-residential development. Except within Tier I designated areas under Goal
105, C-certain development activity by federally tax-exempt not -for -profit educational,
scientific, health, religious, social, cultural, and recreational organizations may be exempted
4 This policy has been revised to make the policy direction more concise and clear and to reflect other revisions to
NROGO proposed in this amendment package.
5 This revision reflects recent amendments to LDRs to preclude exemptions for not -for -profits within Conservation
and Natural Areas (Tier I).
pccomp plan-ROGO NROGO.amend
from the Permit Allocation System by the Board of County Commissioners after review by
the Planning Commission upon a finding that such activity will predominately serve the
County's non -transient population. All public and institutional uses that predominately
serve the County's non -transient population and which house temporary residents shall be
included in the Permit Allocation System for residential development, except upon factual
demonstration that such transient occupancy is of such a nature so as not to adversely
impact the hurricane evacuation clearance time of Monroe County.
Section 6. Amend Policy 101.3.5 as follows: 6
Policy 101.3.5
By July 2005, Monroe County shall complete a an eeenemie base
his market demand analysis and economic assessment in ere to determine the
demand for future non-residential development in Monroe County and planning sub-
areas. The non-residential development allocation and Future Land Use Map (FLUM)
designations for non-residential uses shall be may be revised based upon the results of
this study, and other relevant policy and economic studies and data and provide the basis
for prgparing specific amendments to the comprehensive plan to incorporate goals
objectives and policies on economic development including tourism. The o,.,.,,emie b
analysis will address existing non-residential uses, vacancy rates, economic trends and
demand for non-residential uses by planning sub -area.
Section 7. Amend Policy 101.4.21 by adding (i) under "Notes" in the table entitled "Future Land Use
Densities and Intensities" that reads as follows:
(i) The Maximum Net Density is the maximum density allowable with the use of TDRs
Section 8. Amend Objective 101.5 as follows:7
Obiective 101.5
Monroe County shall implement a Point System based primarily on the Tier system of
land classification in accordance with Goal 105, which directs future growth in order to:
1. encourage the redevelopment and renewal of blighted areas [9J-5.006(3)(b)2];
2. maintain and enhance the character of the community [9J-5.006(3)(b)3];
3. protect natural resources [9J-5.006(3)(b)4];
4. encourage a compact pattern of development [9J-5.006(3)(b)7]; and
5. encourage the development of affordable housing; and,
6. encourage development in areas served by central wastewater treatment systems.s
6 This amendment reflects the current market and economic strategy study being completed by the Chesapeake
Group, which will provide the basis for making changes in future land use designations and in eventual preparation
of economic development policies for the County as an integral part of the Comprehensive Plan.
7 This revision reflects the incorporation of the Tier system as the framework for implementing the point system.
8 This revision reflects the incorporation of positive points in the permit allocation system for development to be
connected to an existing central wastewater treatment system.
pccomp plan-ROGO NROGO.amend
Section 9. Amend Policy 101.5.1 as follows:9
Policy 101.5.1
By January 4, , Monroe County shall adopt through its land development regulations
a new Point System for residential R( OGO) and non-residential (NROGO) development
to replace the existing Point System by no later than July 1, 2005. Except for affordable
housing, this Point System, as set forth in Policy 101.5.4 for residential development and
Policy 101.5.5 for non-residential development, whie shall be used as a basis for
selecting the development applications which are to be issued permits through the Permit
Allocation System (see Policy 101.2.1). The Point System shall specify positive point
factors which shall be considered as assets and shall specify negative point factors which
shall be considered as liabilities in the evaluation of applications for new residential and
non-residential development.
Section 10. Amend Policy 101.5.2 as follows: 10
Policy 101.5.2
In order to encourage a compact form of residential growth,
that results in infill
development in platted, improved subdivisions, the Point System shall be primarily based on the
Tier system of land classification as set forth under Goal 105. [9J-5.006(3)(c)I and 6]
Section 11. Amend Policy 101.5.3 as follows: 11
Policy 101.5.3
In order to encourage a compact form of non-residential growth, the Permit Allocation
System shall limit and direct the amount new non-residential development primarily to
areas designated as Tier III under Goal 105 and provide incentives for redevelopment of
existing developed and vacant infill sites. (See Policy 101.3.1.) [9J-5.006(3)(c)l]
Section 12. Delete existing Policy 101.5.5 and create a new Policy 101.5.4 that reads as follows:
Policy 101.5.4
Monroe County shall implement the residential Permit Allocation and Point System
through its the land development regulations based primarily on the Tier system of land
classification as set forth under Goal 105. The points are intended to be applied
cumulatively.
9 This revision updates the Policy and reflects the shift away from using negative points in ROGO. It establishes a
one-year time frame for its completion.
10 This revision reflects the use of the Tier system for directing growth to specific areas. The Tier system takes into
account consideration of habitat, threatened and endangered species and availability of infrastructure and services
through its classification of properties into Tiers. The current system awards many properties within platted
subdivisions that are within environmentally sensitive habitat or have impacts on endangered and threatened species.
11 The existing policy fails to adequately provide broad guidance to promote compact development and needs to be
amended to incorporate the Tier System.
pccomp plan-ROGO NROGO.amend
1. Tier Designation - Utilizing the Tier System for land classification in Policy
105.2.1, the following points shall be assigned to allocation applications for
proposed dwelling units in a manner that encourages development of infill,
predominately developed areas with existing infrastructure and few sensitive
environmental features and discourages development in areas with environmentally
sensitive upland habitat, which must be acquired or development rights retired for
resource conservation and protection.12
Points
Criteria:
0
Proposes a dwelling
unit within areas
designated Tier I
[Natural Area].
+10
Proposes development
within areas
designated Tier II
[Transition and Sprawl
Reduction Area] on Big
Pine or No Name Key.
+20
Proposes development
within areas designated
Tier II[Transition and
Sprawl Reduction Area]
outside of Big Pine or
No Name Key.
+20
Proposes development
within areas designated
Tier III [Infill Area] on
Big Pine or No Name
Key.
+30
Proposes development
within areas designated
Tier III [Infill Area]
outside of Big Pine or
No Name Key.
12 The Tier system is intended to provide the underlying base for directing growth under the revised ROGO system.
Rather than using negative points, the system uses a positive point approach which is legally more defensible than
one relying on negative scoring.
pccomp plan-ROGO NROGO.amend
2. Big Pine and No Name Keys - The following negative points shall be cumulatively
assigned to allocation applications for proposed dwellings to implement the Big
Pine Key and No Name Key Habitat Conservation Plan and the Livable
CommuniKeys Community Master Plan.
Point Assignment: Criteria:
-10 Proposes development
on No Name Key,
-10 Proposes development
in designated Lower
Keys Marsh Rabbit
habitat or buffer areas
as designated in the
Community Master
Plan.
-10 Proposes development
in Key Deer Corridor
as designated in the
Community Master
Plan.
3. Lot Aggregation — The following points shall be assigned to allocation applications
to encourage the voluntary reduction of density through aggregation of legally
platted buildable lots within Tier II and Tier III areas. 3
Point Assignment: Criteria:
+4 Proposes to aggregate
a contiguous vacant,
legally platted lot
within a Tier II or Tier
III area with sufficient
lot size and upland
area to be buildable
together with the ,
parcel proposed for
development.
+4 Each additional
contiguous vacant,
legally platted lot
which is aggregated in
13 The revised lot aggregation system is similar to existing system except scoring has been changed to reflect overall
changes in scoring. Tier I areas are not eligible for aggregation and Policy 205.2.7 limits aggregation points if
clearing of upland native vegetation occurs in Tier II areas,
pccomp plan-ROGO NROGO.amend
Tier II or III area that
meets the
aforementioned
requirements will earn
additional points as
4. Land Dedication — The following points shall be assigned to allocation
applications to encourage the voluntary dedication of vacant, buildable land within
Tier I and Tier II designated areas and certain legally, platted lots and unplatted
parcels in Tier I that are of insufficient size to be buildable for the purposes of
conservation, resource protection, restoration or density reduction and, if located in
Tier II or Tier III, for the purpose of providing land for affordable housing where
appropriate. la
Point Assignment: Criteria:
+4 Proposes dedication to
Monroe County of one
vacant, legally platted
lot of sufficient
minimum lot size and
upland area to be
buildable. Each
additional vacant,
legally platted lot that
meets the
aforementioned
requirements will earn
points as specified.
+1 for each 5,000 square feet of lot size Proposes dedication to
Monroe County of a
vacant, legally platted
lot of 5,000 square
feet or more in size,
designated as
Residential Low with
a maximum net
density within a Tier I
area and containing
sufficient upland area
Ito be buildable. Each
14 The land dedication scoring has been completely revised to reflect change in scoring and to allow more flexibility
in the sizes of property that may be dedicated. A major change has been to allow currently NA, SR and SR-L lots,
which are currently unbuildable due to lot size, to be eligible for ROGO dedication. In addition, this policy spells
out that lots dedicated in Tier II or Tier III may be used by the County for providing land for affordable housing,
where appropriate.
pccomp plan-ROGO NROGO.amend
additional vacant,
legally platted lot that
meets the
aforementioned
requirements will earn
points as specified.
+0.5 Proposes dedication to
Monroe County of one (1)
vacant, legally platted lot
of at least 5,000 square feet
in size within a Tier I area,
designated as Residential
Conservation, or
Residential Low with no
maximum net density,
containing sufficient
upland to be buildable.
Each additional vacant,
legally platted lot that
meets the aforementioned
requirements will earn
points as specified.
+4 Proposes dedication to
Monroe County of at least
one (1) acre of vacant,
unplatted land located
within a Tier I area
containing sufficient
upland to be buildable.
Each additional one (1)
acre of vacant, unplatted
land that meets the
aforementioned
requirements will earn
points as specified.
5. Market Rate Housing in Employee or Affordable Housing Project- The
following points shall be assigned to allocation applications for market rate housing
units in an employee or affordable housing project:15
Point Assignment: Criteria:
+3 Proposes a market rate
housing unit which is
part of an affordable
or employee housing
project; both
affordable and
15 This policy is intended to provide more incentives to build affordable housing by encouraging the mixture of
affordable housing with market rate housing.
pccomp plan-ROGO NROGO.amend
employee housing
shall meet the policy
guidelines for income
in Policy 601.1.7 and
other requirements
pursuant to the Land
Development
Regulations.
6. Special Flood Hazard Areas — The following points shall be assigned to allocation
applications for proposed dwelling unit(s) to provide a disincentive for locating
within certain coastal high flood hazard areas:16
Point Assignment: Criteria:
-4 Proposes development
proposed within "V"
zones on the FEMA
flood insurance rate
maps.
7. Central Wastewater System Availability — The following points shall be
assigned to allocation applications:17
Point Assignment: Criteria:
+4 Proposes development
required to be
connected to a central
wastewater treatment
system that meets the
BAT/AWT treatment
standards established
by Florida Legislature
and Policy 901.1.1.
16 This revision eliminates the negative points for "A" zone, in which the predominate number of properties are
located and the positive points for "X" zones that only affect a very insignificant number of properties.
17 This scoring incentive is intended to: encourage infill development in areas served by central sewer systems
being upgraded or constructed to meet 2010 Wastewater Treatment Standards; maximize public investment; reduce
the average EDU operating/maintenance costs of these systems; and recoup capital costs.
pccomp plan-ROGO NROGO.amend
8. Perseverance Points — One (1) point shall be awarded for each year that the
allocation application remains in the allocation system up to a maximum
accumulation of four (4) points.'$
Section 13. Delete Policy 101.5.5 in its entirety and replace with new Policy 101.5.5 that
reads as follows:
Policy 101.5.5
Monroe County shall implement the non-residential Permit Allocation and Point System
through its land development regulations based primarily on the Tier system of land
classification pursuant to Goal 105. The points are intended to be applied cumulatively.
1. Tier Designation — Utilizing the Tier System for land classification in Policy
105.2.1, the following points shall be assigned to allocation applications for
proposed non-residential in a manner that encourages development of infill,
predominately developed areas with existing infrastructure, commercial
concentrations, and few sensitive environmental features, and discourages
development in areas with environmentally sensitive upland habitat, which must
acquired or development rights retired for resource conservation and protection:19
Point assignment: Criteria:
0 Proposes non-residential development within
an area designated Tier I [Natural Area]
10 Proposes non-residential development within
an area designated Tier II [Transition and
Sprawl Reduction Area].
+20 Proposes non-residential development within
an area designated Tier III [Infill Area].
18 This revision eliminating the provision of perseverance points beyond four years reflects the Planning
Commission's concern that allowing such points beyond four years will only encourage development of lots in areas
where development should be discouraged.
19 The Tier System is intended to provide the underlying basis for directing growth under the revised NROGO
system. Rather than using negative points, the system relies on a positive approach, which is legally more
defensible then one relying on negative scoring.
pccomp plan-ROGO NROGO.amend
2. Intensity Reduction. The following points shall be assigned to allocation
applications to encourage the voluntary reduction of intensity:
Criteria:
+ 4 An application proposes development that
reduces the permitted floor area ratio (FAR) to
twenty three percent (23%) or less.
3. Land Dedication - The following points shall be assigned to allocation applications
to encourage the voluntary dedication of vacant, buildable land within Tier I and
Tier II designated areas and certain legally platted lots and unplatted parcels in Tier
I that are of insufficient size to be buildable for the purposes of conservation,
resource protection, restoration or density reduction and, if located in Tier II or Tier
III, for the purpose of providing land for affordable housing where appropriate. 20
Point assignment:
Criteria:
4
Proposes dedication to Monroe County of one
(1) vacant, legally platted lot of sufficient
minimum lot size and upland area to be
buildable. Each additional vacant, legally
platted, buildable lot which is dedicated that
meets the aforementioned requirements will
earn the additional points as specified.
+1 per 5,000 square
Proposes dedication to Monroe County of a
feet of lot area
vacant legally platted lot of five thousand
(5,000) square feet or more in size, designated
as Residential Low with maximum net density
within a Tier I area and containing sufficient
upland to be buildable. Each additional vacant,
legally platted lot, that meets the
aforementioned requirements will earn points as
specified.
+0.5
Proposes dedication to Monroe County of one
(1) vacant, legally platted lot of five thousand
(5,000) square feet or more within a Tier I area
designated as Residential Conservation, or
Residential Low with no maximum net density,
containing sufficient upland to be buildable.
Each additional vacant, legally platted, lot that
20 The land dedication scoring has been completely revised to reflect change in scoring and to allow more flexibility
in the sizes of property that may be dedicated. A major change has been to allow currently NA, SR and SR-L lots,
which are currently unbuildable due to lot size, to be eligible for ROGO dedication. In addition, this regulation
spells out that lots dedicated in Tier II or Tier III may be used by the County for providing land for affordable
housing, where appropriate. It should be noted that under NROGO platted lots will receive the same scoring as
permitted under ROGO, which is currently not the case.
pccomp plan-ROGO NROGO.amend
meets the aforementioned requirements will
earn points as specified.
+4 Proposes dedication to Monroe County of at
least one (1) acre of vacant, unplatted land
located within a Tier I area containing sufficient
upland to be buildable. Each additional one (1)
acre of vacant, unplatted land that meets the
aforementioned requirements will earn the
uoints as specified.
4. Special Flood Hazard Area - The following points shall be assigned to allocation
applications to discourage development within high risk special flood hazard
zones:21
Point assignment: Criteria:
- 4 Proposes development within a "V" zone on the
FEMA Flood Insurance Rate Map.
5. Perseverance Points - One (1) or two (2) points shall be awarded for each year
that the allocation application remains in the system.
6. Highway Access - The following points shall be assigned to allocation applications
to encourage connections between commercial uses and reduction of the need for
trips and access onto U.S. Highway 1:22
Point assignment: I Criteria:
+3 The development eliminates an existing
driveway or access -way to U.S. Highway 1.
+2 The development provides no new driveway or
access -way to U.S. Highway 1.
7. Landscaping and Water Conservation - The following points, shall be assigned
to allocation applications to encourage the planting of native vegetation and
promote water conservation:
Point assignment: Criteria:
+3 The project provides a total of two hundred
percent (200%) of the number of native
landscape plants on its property than the
number of native landscape plants required by
21 Negative points for special flood hazards have been revised similar to those for ROGO.
22 The scoring criteria for access has been thoroughly revised to better effectuate the intent of this scoring policy.
pccomp plan-ROGO NROGO.amend
this chapter within landscaped bufferyards and
parking areas.
+1 Twenty-five percent (25%) of the native plants
provided to achieve the three (3) point award
above or provided to meet the landscaped
bufferyard and parking area requirements of
this chapter are listed as threatened or
endangered plants native to the Florida Keys.
+2 Project landscaping is designed for water
conservation such as use of one hundred percent
(100%) native plants for vegetation, collection
and direction of rainfall to landscaped areas, or
the application of re -used wastewater or treated
seawater for watering landscape plants.
8. Central Wastewater System Availability — The following points shall be
assigned to allocation applications:23
Point Assignment: Criteria:
+4 Proposes development
required to be
connected to a central
wastewater treatment
system that meets the
BAT/AWT treatment
standards established
by Florida Legislature
and Policy 901.1.1.
9. Employee Housing — The following points, up to a maximum of four (4), shall be
assigned to allocation applications for employee housing units:24
Point Assignment: Criteria:
+2 Proposes an employee
housing unit which is
located on a parcel
with a non-residential
use.
23 This scoring incentive is intended to: encourage infill development in areas served by central sewer systems
being upgraded or constructed to meet 2010 Wastewater Treatment Standards; maximize public investment; reduce
the average EDU operating/maintenance costs of these systems; and recoup capital costs.
24 This provision is intended to encourage mixed commercial -residential development and to provide additional
incentives to encourage the provision of affordable employee housing.
pccomp plan-ROGO NROGO.amend
+2 One (1) additional
employee housing unit
located on the parcel
with a non-residential
use
Section 14. Amend,Policy 101.5.6 to read as follows.25
Policy 101.5.6
The Residential and Non-residential Point Systems shall be monitored on an annual basis
and revised as necessary based on
new studies and data in a manner that is consistent with and furthers the goals,
and objectives of this plan. •'hieh may be identified by studies prepared as paFtFt of the
limited to:
•IATA mum-
Section 15. Delete Policy 101.5.7 and 101.5.8.26
1-9.7- - mo_
25 This existing policy is no longer relevant and has been replaced with new Tier based system and Livable
CommuniKeys community master planning process. The policy has been replaced with a broader policy that calls
for updates and revisions to the permit allocation system as needed.
26 These two policies are no longer relevant with the revisions to the ROGO system based on the Tier system and
increased emphasis on lot dedication and density reduction.
pccomp plan-ROGO NROGO.amend
FMIUM
' .
0
-
-
pccomp plan-ROGO NROGO.amend
Section 16. Amend and renumber Policy 101.5.9 as follows:27
Policy 101.5A101.5.7
Monroe County shall allow for the development of residential multi family projects with
multiple units within the Permit Allocation System. If a project ranks high enough in the
Point System for a portion of the development to receive an allocation award, but the
project includes more units than are available during an allocation period, the entire
project may receive allocation awards if the excess allocation is reduced from the next
allocation period(s). Multi family a&r-dable heusing or- elderly heusing pr-ejeets shall be
Section 17. Amend and renumber Policy 101.5.10 as follows:28
Policy 0101.5.8
Monroe County may develop a program, called Transfer of ROGO Exemption (TRE),
that would allow for the transfer off -site of dwelling units, , hotel rooms,
camp r�recreational vehicle spaces and/or mobile homes to another site in the same
ROGO sub -area, provided that they are lawfully existing and can be accounted for in the
County's hurricane evacuation model. In addition, the new receiver site weuld not be
eligible f ee.,tiy a e,,.t.,l p �ts , nd nnrn with the e eptie« of tl..e�
- mob- -- --- v ---a----•- ---•-----------.» t.�_..-., .,._-...__ __...,..� ...... ..._ _..__t,...,...,� ....,...,
pr-epei4ies designated Residential shall be located within a Tier III area and for a
receiver site on Big Pine Key and No Name Key, the sending site shall also be located on
one of those two islands. VAen a multiple f .nily housing rleyele.. me„t utilizes a TR
any ether- units in that same pr-ejeet that are pefmitted thfeugh the ROGO pr-eeess may be
eligible for- miaeF positive points on a one fer- ene basis.
Section 18. Amend Policy 101.6.1 as follows:29
Policy 101.6.1
Monroe County shall, upon a property owner's request, purchase property for fair market
value or permit the minimum reasonable economic use of the property pursuant to Policy
101.6.51 if the property owner meets the following conditions:
they have been denied an allocation award for four successive years in the Pefffli
Alleeatien System; Residential (ROGO) or Non-residential (NROGO Permit
Allocation System;
2. their proposed development otherwise meets all applicable county, state, and
federal regulations;
27 This revision reflects need to limit the authority for borrowing from future allocations for any type of
development needing multiple units.
28 This policy needs to be revised to reflect the Tier system. In addition, the specific provisions limiting TREs on
Big Pine and No Name Key is included to incorporate the community master plan policies
29 Specific language regarding administrative relief needs to be incorporated in policy and the policy needs to be
brought up to date. The number of years to be eligible for administrative relief is being extended to reduce potential
number of permits that could be left in the pipeline. This extension is within the 4 to 7 year envelope that most case
law considers as a reasonable period of delay in permitting before a taking has occurred.
pccomp plan-ROGO NROGO.amend
3. their allocation application has not been withdrawn;
4. they have complied with all the requirements of the PoEm:+ A flee ,tier Syst
Residential or Non-residential Permit Allocation System; and
5. they follow the procedures for administrative relief contained in the r'weHing
in the land development regulations.
As used in this Policy, "minimum reasonable economic use" shall mean, as applied to any
residentially zoned lot of record which was buildable immediately prior to the effective
date of the Plan, no less than a single-family residence. "Fair market value" shall be an
amount which is no less than ad valorem valuation in the Monroe County Real Property
Tax Roll for the year 1992, adjusted for inflation, or the current fair market value,
whichever is ,greater.
Section 19. Delete Policy 101. 6.5 and Policy 101.6.6 and replace with new Policy 101.6.5:30
HIM pp
!�...
!�...
.
ON
ON
30
These two policy conflicts with the provisions and intent of the Administrative Relief process, which is intended
to provide certainty to property owners who are provided administrative relief by the County. The replacement
policy sets forth the criteria for the type of properties that the County should offer to purchase under Administrative
Relief. It should be noted that Policy 102.4.4 directs County to petition the State and Federal governments to take
responsibility for land acquisitions in Tier I areas.
pccomp plan-ROGO NROGO.amend
Policy 101.6.5
Monroe County shall pursue land acquisition through voluntary purchase of lands from
private property owners denied a building permit through the Permit Allocation System,
as the preferred option for administrative relief pursuant to Policy 101.6.1, if the subject
permit is for development located within:
1. a designated Tier I area;
2. a designated Tier II area requiring the clearing of 5,000 square feet or more of
upland tropical hardwood hammock or pinelands habitat; or,
3. a designated Tier II or Tier III area on a non -waterfront lot suitable for affordable
housing.
Refusal of the purchase offer by a property owner shall not be grounds for the granting of
a ROGO or NROGO award.
Section 20. Amend Policy 101.12.4 to read as follows: 31
Policy 101.12.4
Upon adoption of the Comprehensive Plan, Monroe County shall require that the
following analyses be undertaken prior to finalizing plans for the siting of any new or the
significant expansion (greater than 25 percent) of any existing public facility:
1. assessment of needs;
2. evaluation of alternative sites and design alternatives for the selected alternative
sites; and,
3. assessment of direct and secondary impacts on surrounding land uses and natural
resources.
The assessment of impacts on surrounding land uses and natural resources will evaluate
the extent to which the proposed public facility involves public expenditures in the
coastal high hazard area and within environmentally sensitive areas, including disturbed
salt marsh and buttonwood wetlands, undisturbed beach berm areas, units of the Coastal
Barrier Resources System, undisturbed uplands (particularly high quality hammock and
pinelands), habitats of species considered to be threatened or endangered by the state
and/or federal governments, offshore islands, and Genser-v do hand Pr-eteeti ,„ Areas
designated Tier I areas.
3' This new policy reflects amendments in draft Rule 28-20.110; the proposed language has been revised to update it
with this series of amendments to the Comprehensive Plan.
pccomp plan-ROGO NROGO.amend
Except for passive recreational facilities on publicly -owned land, no new public
community or utility facility other than water distribution and sewer collection lines or
pump/vacuum/lift stations shall be allowed within Tier I designated areas unless it can be
accomplished without clearing of hammock or pinelands. Exceptions to this requirement
may be made to protect the public health, safety, and welfare, if all the followingcriteria
riteria
are met:
1. No reasonable alternatives exist to the proposed location; and,
2. The proposed location is approved by a sLipermajority of the Board of County
Commissioners.
The site of the Key Largo Wastewater Treatment Facility (located at mile marker 100.5)
with an allowed clearing of up to 4.2 acres shall not be subject to this policy.
Section 21. Delete Policy 101.13.3.s2
Policy 101.13.3
•.
•
._
._ ..
.
SO
ON
I ' im
Section 22. Renumber and amend Policy 101.13.4 as follows:
Policy'' 0zvri3.4-101.13.333
�. The Maximum Net Density is the maximum density allowable with the use
of TDRs, and shall not exceed the maximum densities established in this plan. Densi�}
The t ans€ers assignment of TDRs to Big Pine Key, No Name Key, and North Key Largo
from other areas of the County shall be prohibited.
Section 23. Delete Policy 101.13.5.34
believes the use of TDRs and PDCs in the permit allocation process has little merit and would be too cumbersome to implement.
,ion reflects the elimination of the authority to use TDRs in allocation system.
.ion reflects an update of the policy and the staff's proposal to eliminate the PDCs concept from further consideration.
pccomp plan-ROGO NROGO.amend
........ . .
=I -Mir
Section 24. Amend and renumber Policy 101.13.6 as follows:
Policy .6101.13.4
In conjunction with the valuation of the existing
TDR program pursuant to Policy 101.13.2, parcels within the following habitats and land
use districts shall be designated as sender sites for Transferable Development Rights
Any parcel within these zoning categories:
Offshore Island (OS)
Mainland Native (MN)
Native (NA)
Sparsely Settled (SS)
Parks and Refuge (PR)'
Conservation (C)
Habitat of the following types which lie within any zoning category:
Freshwater wetlands
Saltmarsh/Buttonwood wetlands
High quality high hammock
High quality low hammock
Moderate quality high hammock
Moderate quality low hammock
High quality pinelands
Low quality pinelands
Beach/berm
Palm Hammock
Cactus Hammock
Disturbed Wetlands
Section 25. Delete Policy 101.13.7 and Policy 101.13.8.3s
35 The deletion of these policies reflects the proposal to eliminate the concept of PDCs.
pccomp plan-ROGO NROGO.amend
SR SR (disturbed !an
not
toinelude wetlands) leeiets
I NMI a.
._
r-
,�'MIJOTM
Section 26. Amend and renumber Policy 101.13.9 as follows:36
Policy 101.13.9 101.13.5
No later- than one year- from the effeetive date of this p! In conjunction with the
evaluation of the TDR program pursuant to Policy 101.13.2 and no later than one year
from the date when the County's Geographic Information System is fully functional,
Monroe County shall map potential TDR sender and receiver sites as specified in Pelieies
Policy 101.13.4, and shall map parcels from which
development rights have been transferred. These maps shall be updated as necessary and
made available to Growth Management staff and public for use in the development
review process.
Section 27. Amend Policy 102.3.1 as follows:37
Policy 102.3.1
The Permit Allocation System (see Future Land Use Objectives 101.2 through 101.4 and
related policies) shall have the following environmental protection goals:
1. to reduce the exposure of residents to natural hazards;
2. to reduce disturbances to natural vegetation resource areas;
3. to reduce disturbances to terrestrial wildlife resources areas;
4. to reduce impacts of new development on nearshore waters;
5. to acquire vacant privately -owned environmentally sensitive lands for
conservation and resource protection;
36 This revision reflects proposed revisions to preceding policies.
37 The revisions reflect changes in the proposed ROGO system.
pccomp plan-ROGO NROGO.amend
6. to encourage infill development where existing lands are already substantially
developed served by complete infrastructure facilities and within close proximity
to established commercial areas and have few sensitive or significant
environmental features;
7. to ensure that the ecological integrity of natural areas is protected when land is
developed; and
8. to reduce adverse impacts on endangered and threatened species.
Accordingly, the Point System, which shall be used as the basis for the annual allocation
of permits, shall assign negative and/or positive points to development applications base
upon. -that helps to achieve the above environmental protection goals.
i the
er- aatufa4 hazards; an e
n fnr
t,-o.,tment_andisposal
eeeuffenee of natural Feseumes
7 „t;liz tie best
proposed of
management aefiees wastewater-
whieh will a-veid er- mitigate
the adverse impaets ef develepment en natffal
r-eseumes, pffl.ietilar4y water- quality.
(See Future Land Use Objective 101.5 and related policies for a list of positive and
negative factors to be included in the Permit Allocation System.) [9J-5.006(3)(c)1 and 6]
PASSED AND ADOPTED By the Planning Commission of Monroe County, Florida at a regular
meeting held on the 16th day of November 2004.
Chair Lynn Mapes
YES
Vice Chair Denise Werling
YES
Commissioner David C. Ritz
YES
Commissioner Julio Margalli
YES
Commissioner James Cameron
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
al
Lynn Mapes, Chair
Signed this day of
, 2004.
pccomp plan-ROGO NROGO.amend
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION
DRC RESOLUTION NO. D24-04
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE
RECOMMENDING APPROVAL TO THE PLANNING COMMISSION OF THE REQUEST
BY THE MONROE COUNTY PLANNING DEPARTMENT TO APPROVE THE
AMENDMENTS TO THE MONROE COUNTY COMPREHENSIVE PLAN BY DELETING,
REVISING AND ADDING POLICIES, OBJECTIVES AND REQUIREMENTS FOR THE
IMPLEMENTATION OF GOAL 105 OF THE 2010 COMPREHENSIVE PLAN AND THE
TIER OVERLAY DISTRICT BY DELETING POLICIES 101.4.20, 102.9.5, 102.9.6, 103.2.2,
207.1.2, 207.10.5, 207.12.6 AND OBJECTIVE 1201.13. AND REVISING POLICIES
101.4.22, 101.14.1, 102.1.1, 102.4.1, 102.4.2, 102.4.3, 102.4.4, 102.4.5, 102.4.6, 102.4.7,
102.7.3, 102.8.1, 102.8.5, 102.9.1, 102.9.2, 102.9.3, 102.9.4, 103.2.1, 205.1, 205.1.1, 205.1.2,
205.1.3, 205.1.4, 205.1.5, 205.1.6, 205.2.1, 205.2.2, 205.2.6, 205.2.7, 205.2.14, 205.5.1, 205.5.2,
207.1.2 Revise Objective 102.4, 102.9, 201.1, 205.2 and 205.5, OF THE 2010
COMPREHENSIVE PLAN.
WHEREAS, the Monroe County Development Review Committee, during a regular meeting held
on September 9, 2004,-conducted a review and consideration of the request filed by the Monroe County
Planning Department to delete, revise, and add policies and objectives that make up the requirements to
implement Goal 105 of the 2010 Comprehensive Plan and the Tier Overlay District;
WHEREAS, Goal 105 provides a framework for future development and land acquisition for the
next 20 years that considers the carrying capacity of the Florida Keys, reduces sprawl and promotes
sustainability;
WHEREAS, Tier Maps were developed following the criteria in Goal 105, utilizing computer
mapping (GIS), identifying areas appropriate for additional development and those, which are important
environmentally and should be preserved.
WHEREAS, The boundaries for the Tier Maps were drawn using environmental and development
information and digital data from the Florida Keys Carrying Capacity Study (FKCCS), the Planning
Department and the Property Appraisers Office and refined through site visits by the County Biologists
and Planners.
WHEREAS, Tier I includes all contiguous hammock areas above four acres and restoration areas
between fragmented smaller hammock patches to increase the hammock size and buffers where
possible. Hammock size is a major determinate of habitat quality according to FKCCS, which is why
size and connectivity were used to identify the best and most important terrestrial habitat areas for
preservation. 4
WHEREAS, Tier II contains smaller hammock patches isolated by surrounding development; the
quality is reduced because of the negative secondary impacts of development. These areas still contain a
large number of undeveloped lots.
WHEREAS, Tier III is appropriate for additional infill development because of the location and
amount of existing development in the areas designated.
WHEREAS, hammock size is a major determinate of habitat quality according to the FKCCS,
therefore size and connectivity are used in determining the boundary of the Tiers to identify the best and
most important terrestrial habitat areas for preservation.
WHEREAS, the proposed ROGO is a positive system, awarding major points for the Tier location
of property: Tier III - +25 points; Tier II - +20 points; Tier I - 0 points. The point system is different on
BPK and NNK because the Habitat Conservation Plan for the islands controls the permitting. Points
may be accrued by donating lots to the County for preservation in Tier I and Tier II. Additional points
can be gained in Tier II and Tier III by aggregating lots.
WHEREAS, ROGO has been completely redrafted utilizing the Tier System as the basis. Where
the current ROGO has eighteen criteria for assigning points, the proposed ROGO contains six criteria.
The habitat protection and reduction of sprawl, which are the planning reasons for most of the points
were considered during drafting and are the basis of the Tier maps. The sustainability points, water and
energy conservation, are more appropriately addressed in the building code;
WHEREAS, in response to a BOCC direction the points to lot dedication were modified to award a
point for each 5,000 square feet of an SR platted lot. An IS, URM and CFV platted lot will receive four
points and the single point value for unbuildable platted SR lots reflects the comparative buildability.
WHEREAS, the current NROGO has thirteen criteria for assigning points, the proposed NROGO
contains six criteria, awarding major points for the Tier location of a property. Additional points may be
accrued by dedicating lots, reducing intensity and through landscaping and water conservation.
BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE
COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County Planning Commission, of
the amendments to the 2010 Comprehensive Plan to implement Goal 105 and the Tier Overlay System.
PASSED AND ADOPTED by the Development Review Committee of Monroe County, Florida, at a
regular meeting held on the 9`" of September, 2004.
Aref Joulani, DRC Chair
YES
Jason King, Planner
YES
David Dacquisto
YES
Andrew Trivette, Biologist
YES
Ralph Gouldy, Senior Environmental Resources Planner
YES
Department of Public Works
YES
Department of Engineering
YES
Department of Health
YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY
Aref Joulani, DRC Chair
Signed this 9th day of September, 2004.