Item U4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 18, 2005
Division:
Growth Management
Bulk Item: Yes
No -X-
Department: Planning and Environmental Services
Staff Contact Person:
K. Marlene Conaway
AGENDA ITEM WORDING: Public hearing to consider an Interim Development Ordinance for the
U.S. Highway 1 Corridor between Tavernier Creek and Mile Marker 97 deferring the acceptance of
development and providing for expiration within six months after the effective date of the Livable
CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 or upon adoption of design standards
and design guidelines, whichever comes first.
(1st of 2 required public hearings)
ITEM BACKGROUND: The Board of County Commissioners (BOCC) at their meeting of February 16,
2005, adopted the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 as an amendment
to the Monroe County Year 2010 Comprehensive Plan. At the direction of the BOCC, Growth Management
staff prepared an Interim Development Ordinance to defer acceptance of development applications that seek
development approval for new development or redevelopment in the U.S. 1 Highway Corridor Tavernier
Creek to Mile Marker 97. On January 16, 2005, the BOCC contracted with HDR consultants to develop
design standards and design guidelines for development and redevelopment within the subject area.
PREVIOUS RELEVANT BOCC ACTION: The BOCC adopted the Livable CommuniKeys Master
Plan for Tavernier Creek to Mile Marker 97 on February 16,2005.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/ A
COST TO COUNTY: N/A
BUDGETED: Yes
SOURCE OF FUNDS:
No
REVENUE PRODUCING: Yes N/ A No
AMOUNT PER MONTH_ Year
DIVISION DIRECTOR APPROVAL:
APPROVED BY: County Arty -X- OMBIPurchasin
Not Required_
DOCUMENTATION:
Included X
DISPOSITION:
AGENDA ITEM #
INTERIM DEVELOPMENT ORDINANCE
US 1 HIGHWAY CORRIDOR BETWEEN TAVERNIER
CREEK AND MILE MARKER 97
BOARD OF COUNTY COMMISSIONERS
KEY LARGO
May 18, 2005
INTERIM DEVELOPMENT ORDINANCE
A REQUEST BY MONROE COUNTY DEPARTMENT OF
PLANNING AND ENVIRONMENTAL RESOURCES TO
ADOPT AN INTERIM DEVELOPMENT ORDINANCE FOR
THE U.S. HIGHWAY 1 CORRIDOR BETWEEN
TAVERNIER CREEK AND MILE MARKER 97;
ESTABLISHING THE BOUNDARIES THEREOF;
DEFERRING THE ACCEPTANCE OF DEVELOPMENT
APPLICATIONS UNTIL DESIGN STANDARDS AND
GUIDELINES ARE ADOPTED; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR TRANSMITTAL TO
THE DEPARTMENT OF COMMUNITY AFFAIRS (DCA);
PROVIDING FOR EXPIRATION WITHIN SIX MONTHS
AFTER THE EFFECTIVE DATE OF THE LIVABLE
COMMUNIKEYS MASTER PLAN TAVERNIER CREEK
TO MILE MARKER 97 OR UPON ADOPTION OF DESIGN
STANDARDS AND DESIGN GUIDELINES, WHICHEVER
COMES FIRST.
STAFF: Approval
March 24, 2005
DRC:
Approval
March 24, 2005 Resolution # D7-05
pc:
Approval
April 27, 2005 Resolution # P17-05
DRAFT Boce ORDINANCE
ORDINANCE NO.
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ADOPTING AN INTERIM
DEVELOPMENT ORDINANCE FOR THE U.S. HIGHWAY 1
CORRIDOR BETWEEN TAVERNIER CREEK AND MILE
MARKER 97; ESTABLISHING THE BOUNDARIES THEREOF;
DEFERRING THE ACCEPT ANCE OF DEVELOPMENT
APPLICATIONS UNTIL DESIGN ST ANDARDS AND
GUIDELINES ARE ADOPTED; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF
COMMUNITY AFFAIRS (DCA); PROVIDING FOR EXPIRATION
WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THE
LIVABLE COMMUNlKEYS MASTERPLAN TAVERNIER
CREEK TO MILE MARKER 97 OR UPON ADOPTION OF
DESIGN STANDARDS AND DESIGN GUIDELINES,
WHICHEVER COMES FIRST.
WHEREAS, the Board of County Commissioners at their meeting of February 16, 2005,
adopted the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 as an
amendment to the Monroe County Year 2010 Comprehensive Plan (referred to hereafter as the
2010 Plan); and
WHEREAS, The Livable CommuniKeys Master Plan for Tavernier Creek to Mile
Marker 97 (referred to hereafter as the Master Plan) is the product of the Livable CommuniKeys
program as outlined in the 2010 Plan Objective 101.20; and
WHEREAS, Goal 105, "Smart Growth," was adopted by the Board of County
Commissioners in 2001; and
WHEREAS, Objective 105.1.2 directs the County to prepare design guidelines to ensure
that future uses and development are compatible with scenic preservation and maintenance of the
character of the casual island village atmosphere of the Florida Keys; and
WHEREAS, the 2010 Plan Objective 101.20 identifies the Livable CommuniKeys
Planning Program as a planning program designed to address community needs while balancing
the needs of all of Monroe County; and
WHEREAS, Action Item 3.1.2 in the adopted Master Plan requires that design standards
be prepared and that any new development or redevelopment within the US 1 Highway corridor
be consistent with design standards; and
WHEREAS, Action Item 3.15 in the adopted Master Plan directs the County to adopt a
temporary moratorium on development in the corridor until the guidelines are adopted or six
months after the effective date of the Master Plan, whichever comes first; and
Page 1 of6
4/14/2005
WHEREAS, the County has committed necessary staff and resources to the development
of the design standards and design guidelines in order to facilitate diligent and good faith efforts
to establish policies and regulations within a reasonable period of time; and
WHEREAS, the utilization of the moratorium device as a temporary measure to
facilitate government decision making, study and adoption of comprehensive plan and land
development regulations is a legitimate governmental tool to facilitate logical and considered
growth and as a means of avoiding inefficient and ill-conceived development; and,
WHEREAS, the Board of County Commissioners, in anticipation of the adoption of the
Master Plan, voted to contract with HDR Consultants to prepare the design guidelines and design
standards and implementation measures including Land Development Regulations at their
meeting of January 19,2005; and
WHEREAS, the County finds that it is necessary to enact an Interim Development
Ordinance deferring the acceptance of development applications that seek development approval
for new development or redevelopment in the U. S Highway 1 corridor until such time that the
County can prepare design guidelines; and,
WHEREAS, the purpose of this Interim Development Ordinance provides mechanisms
to assure democratic discussions and participation by citizens, developers, and property owners
who may be affected by eventual amendments to the Land Development Regulations; and
WHEREAS, this Interim Development Ordinance constitutes a valid exercise of the
County's police power and is otherwise consistent with Section 163.3161, et seq., F.S., which,
inter alia, encourages the use of innovative land development regulations including provisions
like moratoria to implement the adopted comprehensive plan; and
WHEREAS, the purpose and intent of this Interim Development Ordinance is necessary
to provide the County the opportunity to create design standards and design guidelines for review
and approval of developments requiring review under Action Item 3.1.2 of the Master Plan; and
WHEREAS, following the direction of the Board of County Commissioners in the
adopted Master Plan, the Growth Management Division staff immediately undertook the
development of this Interim Development Ordinance and began working with the consultants
HDR, lnc on development of design standards and guidelines; and
WHEREAS, the Planning Commission has reviewed the draft Interim Development
Ordinance and recommended approval to the Board of County Commissioners; and
WHEREAS, the Board of County Commissioners has reviewed and considered the draft
Interim Development Ordinance recommended by the Planning Commission and Planning staff.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Page 2 of6
4/14/2005
Section 1: Pursuant to the Livable Communi Keys Master Plan Tavernier Creek to Mile
Marker 97 adopted by the Board of County Commissioners on February 16, 2005, the Interim
Development Ordinance shall apply to the U.S. Highway 1 Corridor between Tavernier Creek
and Mile Marker 97 including the Community Center, the boundaries of which are described on
the map, attached hereto as Exhibits 1 and 2, and hereby is made part of this ordinance.
Section 2: Pursuant to its lawful authority and the pending legislation doctrine as set forth in
Smith v. City of Clearwater, 383 So.2d 681 (Fla. 2d DCA, 1980) the Board of County
Commissioners hereby establishes the interim development regulations set forth in this
Ordinance, which shall remain in full force and effect until the expiration of this legislation
within six months of the effective date of the Livable CommuniKeys Master Plan Tavernier
Creek to Mile Marker 97 or whenever the land development regulations and design standards
and guidelines become effective, whichever comes first
Section 3: During the period (defined in Section 2, above) that this Interim Development
Ordinance is in effect, no application for a building permit or development approval shall be
granted for new development or redevelopment, within the U.S. Highway 1 Corridor between
Tavernier Creek and Mile Marker 97 including the Community Center, which meet the following
criteria:
1. Any new or expanded non-residential structures.
2. Any new or expanded outdoor retail sales.
3. Any new residential structure containing more than two units or redeveloped residential
structure containing more than two units that involves a change in floor area, building
height, or configuration of building footprint.
4. Any new transient residential structure or redeveloped eXlstmg transient residential
structure that involves a change in floor area, building height, or configuration of
building footprint.
Section 4:
The following are exempt from this ordinance:
L Public buildings as defined in Section 9.5-4 (P-18) of the Code, subject to review and
approval of building design by the Planning Commission, based on the draft architectural
design standards and design guidelines prepared for the county by HDR consultants.
2. Development under an approved conditional use permit, repair and/or approvals required
for life safety improvements.
Section 5: The Planning Commission is hereby authorized to hear such review created by
Section 4 hereof, and approve or disapprove any building design based on the draft architectural
design standards and design guidelines. Notice of the public hearing shall be given in
conformance with procedures of Section 9.5-45. The application for design review shall be in a
form specified by the director of planning and shall be accompanied by a nonrefundable
application fee of $250.00.
Page 3 of6
4/14/2005
Section 6: Until expiration of the Interim Development Ordinance created by
Sections 1, 2 and 3 hereof, no application for a building permit or development approval
shall be granted pursuant to an application or request with a submittal date of April 1,
2005, or later.
Section 7: Any application for a building permit or development approval with a
submittal date of March 31, 2005 or earlier shall be exempt from this Interim
Development Ordinance.
Section 8: As of the effective date of this Ordinance no building permit application or
planning approval meeting the criteria for review identified in Section 3 hereof, shall be
accepted or processed by the Growth Management Division, except applications exempt
hereunder and development awarded a vested rights determination pursuant to Section 10
hereof.
Section 9: This Ordinance shall not be construed to prohibit application for, or the
issuance of a building permit or development approval for any development or
redevelopment that does not meet the criteria for review identified in Section 3 hereof
that is allowed pursuant to the Monroe County Land Development Regulations and the
2010 Plan.
Section 10: Any property owner adversely affected by the provisions of this Interim
Development Ordinance may seek a determination that the owner's proposed
development or redevelopment is vested against the provisions of this Interim
Development Ordinance, by filing with the Director of Growth management, together
with an administrative fee in the amount of $400.00, a vested rights application setting
forth facts establishing the applicant met, prior to the date that this Ordinance is adopted
by the Board of Monroe County Commissioners, the vested rights standards set forth in
Section 9.5-181, Monroe County code. Such application must be filed no later than sixty
(60) days after the effective date of this ordinance.
Section 11: The County Administrator is directed to have the Growth Management
Division begin immediately preparing the draft text and other supporting studies in
cooperation with the Planning Commission to develop design standards and design
guidelines for development and redevelopment along the U.S. Highway 1 Corridor
between Tavernier Creek and Mile Marker 97 including the Community Center.
Section 12: In preparing these amendments, the County Administrator is directed to
focus the Growth Management Division's efforts in the following important areas: I)
preparation of design standards and design guidelines to ensure that future uses and
development are compatible with scenic preservation and maintenance of the character of
the casual island village atmosphere of the Florida Keys; 2) identification of regulatory
amendments and strategies to ensure that the goals and objectives of the 2010 Plan and
the Master Plan are properly implemented.
Page 4 of6
4/29/2005
Section 13: If any section, subsection, sentence, clause, item, change or provision of
this ordinance is held invalid, the remainder shall not be affected by such invalidity.
Section 14: All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 15: The ordinance is hereby transmitted to the Florida Department of
Community Affairs pursuant to Chapter 380, Florida Statutes.
Section 16: This ordinance shall be filed in the Office of the Secretary of State of the
State of Florida, but shall not become effective until a notice is issued by the Department
of Community Affairs or Administration Commission approving pursuant to Chapter
380, Florida Statutes.
Section 17: This Ordinance shall stand repealed as of the adoption of design standards
and design guidelines for the U.S. Highway 1 Corridor Between Tavernier Creek and
Mile Marker 97 including the Community Center or six months after the effective date of
the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97, whichever
comes first, unless repealed sooner or extended pursuant to the terms set forth herein.
-Remainder of this page left blank -
Page 5 of6
4/29/2005
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the _ day of ' 2005.
Mayor Dixie Spehar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
Commissioner Murray Nelson
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Dixie Spehar
(SEAL)
MONROE COUNTY ATl'ORHEY
APPazD AS TO FORM
A i
. L iJ. :t::'i' 05
ATTEST: DANNY L. KOHAGE, CLERK
I Dale:
Deputy Clerk
A TT ACHED - US. HIGHWAY 1 CORRIDOR BETWEEN TAVERNIER CREEK
AND MM 97 AND COMMUNITY CENTER MAP
Page6of6
4/29/2005
Livable CommuniKevs Master Plan (or TlWernier Cr&k Bridqe to Mile Marker 97
T Q vern' et' Creek to Mi Ie Morker 97
V5 Corridor Area Between 1\1M 91 and MM <)7
Exhibit 1
"
MOil~County
Planning and Jl;t;0ronmentaJ
Reso~" tl#parttllell1
A
F~W:!f~-I'! 1.':;-' J& ~_,,*, ~~"J(.(Jl
Figue 2:.4 Map of tht'U $, Corridor Area Between
Mile Marker 91 and Mile Marker 97
C~mmunity Olaracter Element
420
!iwill1m!' O_jIj\<Big~~ Jtfl11illi1r!'Jim . TifW_ii!Y Crm J!JrOiJIJtit I;,~ /llfii! MWfrilr 9Y
Exhibit 2
A
""!lip nf&,e us ! Cntd$'l\t Am! (,,,,rtljned Tell)
,~- ~;~,~w~::f wt
(:~:-i'#~Xi:f.!li(V (1ttj},YiCXf~r if!i:!ftH/H$
41
file:/ IV: \ Growth Management\ Plan ning \ Dacquisto \ BOCC Moratorium Tav \ maps \ Exhibit 2 CenterMap.jpg
Page 1 of 1
4/29/2005
BOCC STAFF REPORT
Memorandum
TO:
FROM:
DATE:
RE:
Monroe County Board of County Commissioners
K. Marlene Conaway
April 26, 2005
Interim Development Ordinance, U.S. Highway 1 Corridor Tavernier
Creek to MM 97 including the Community Center
Board of County Commissioners Meeting Date: 05/18/2005
Summary
The Board of County Conunissioners (BOCC) at their meeting of February 16,2005 adopted
the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 (Master Plan).
Action Item 3.1.2 of the Master Plan identified the development and redevelopment within the
U.S. 1 Highway Corridor Tavernier Creek to Mile Marker 97 and Community Center that
would be required to comply with design standards to be established for the area. Action Item
3.1.5 of the Master Plan provided for an Interim Development Ordinance (IDO) on all
development meeting the threshold for design review and approval as identified in Action
Item 3.1.2.
Upon adoption of the Master Plan, the Growth Management staff prepared an IDO to defer
acceptance of development applications that seek development approval for new development
or redevelopment in the U.S. 1 Highway Corridor Tavernier Creek to Mile Marker 97 and
Community Center that meet the threshold for design review. In anticipation of adoption of
the Master Plan and to minimize the term of the IDO, the BOCC on January 16, 2005
contracted with HDR consultants to develop design standards and design guidelines for
development and redevelopment within the U.S. 1 Highway Corridor Tavernier Creek to Mile
Marker 97 and Community Center and to write the implementation lcU1guage including
required amendments to the Monroe County Code.
The IDO will remain in effect until design standards and design guidelines for the U. s.
Highway 1 Corridor between Tavernier Creek and Mile Maker 97 induding the Community
Center are adopted or six months after the effective date of the Master Plan, whichever comes
first.
Applications received with a submittal date of March 31, 2005 or earlier will be exempt from
this ordinance. Applications received after that date will not be processed and no applications
will be accepted after the effective date of the ordinance pursuant to the "Pending Ordinance
Doctrine" .
Background
Interim Development Ordinance
The Tavernier Creek to Mile Marker 97 Livable CommuniKeys Master Plan identified the
need to develop design standards and design guidelines for the U.S. Highway 1 Corridor
between Tavernier Creek and Mile Marker 97 including the Community Center.
Action Item 3.1.2 in the adopted Master Plan requires that design standards be prepared and
that any new development or redevelopment within the U.S. Highway 1 Corridor between
Tavernier Creek and Mile Marker 97 including the Community Center be consistent with
design standards created and adopted for the Corridor.
Action Item 3.1.5 provided for an 100 to defer development redevelopment meeting the
threshold for review under Action Item 3.1.2 until the guidelines are adopted or six months
after the effective date of the Muster Plan, whichever comes first
The IDa defers new construction or redevelopment during the term of the IDa to prevent
development or redevelopment that would not be consistent with the design standards and
design guidelines that will be developed and that would not be consistent with the vision and
architectural model for the area.
The boundaries of the IDO are identified in Section 1 of the IDa and on the attached maps
Exhibit 1 and Exhibit 2.
Section 3 of the 100 sets out the development restrictions that will remain in effect for the
duration of the IDO. No application for a building permit or development approval v.rill be
granted for new development or redevelopment, within the U.S. Highway 1 Corridor between
Tavernier Creek and Mile Marker 97 including the Community Center, if the proposal meets
one or more of the following criteria:
1. Any new or expanded non-residential structures.
2. Any new or expanded outdoor retail sales.
3. Any new residential structure containing more than two units or redeveloped
residential structure containing more than two units that involves a change in floor
area, building height, or configuration of building footprint.
4. Any new transient residential stmcture or redeveloped existing transient residential
structure that involves a change in floor area, building height, or configuration of
building footprint
There are two exceptions to the development restrictions identified in the IDa and they are
enumerated in Section 4 of the IDO, The exceptions include an option for proposed public
buildings that are subject to the IDO where the applicant agrees to Planning Commission
design review based on draft design standards and guidelines. The other exception is for
development under an approved conditional use permit, repair and/or approvals required for
life safety improvements:
1. Public buildings as defined in Section 9.5-4 (P-18) of the Code, subject to review
and approval of building design by the Planning Commission, based on the draft
architectural design standards and design guidelines prepared for the county by
HDR consultants.
2. Development under an approved conditional use permit, repair and/or approvals
required for life safety improvements.
The IDO refers to the Monroe County Code Section 9.5-181 Determination of vested rights as
the process for property owners to seek a detennination that the owner's proposal is vested
against the provisions of the IDa and can proceed.
Planning Commission Action
The Monroe County Planning Commission at their meeting of April 27, 2005 recommended
approval of the Interim Development Ordinance with the modifications as stated below:
Section 6: Until expiration of the Interim Development Ordinance created by Sections 1,
2 and 3 hereof, no building permits no application for a building permit or development
approval shall be granted pursuant to an application or request with a submittal date of April l,
2005, or later.
Section 9: This Ordinance shall not be construed to prohibit the issuance of a btrilding
permit or planning appro';nl prohibit application for, or the issuance of a building pennit or
development approval for any development or redevelopment that does not meet the criteria
for review identified in Section 3 hereof that is allowed pursuant to the Monroe County Land
Development Regulations and the 2010 Plan.
Boundary Map
The boundaries of the IDO run from Tavernier Creek to Mile Marker 97 encompass the lots
adjacent to u.s. 1 and include the Community Center. Where lots have been combined, all
lots have been included. The IDa boundary is identified on Exhibits 1 and 2.
Staff Recommendation
Staff recommends approval of the attached Interim Development Ordinance with the
modifications as stated above, for the U.S. Highway 1 Corridor between Tavemier Creek and
Mile Marker 97; establishing the boundaries thereof; defening the acceptance of development
applications until design standards and guidelines are adopted; providing for exemptions;
providing for transmittal to the Department of Community Affairs (DCA); providing for
expiration within six months after the effective date of the Livable ComD1uniKeys Master Plan
Tavernier Creek to Mile Marker 97 or upon adoption of design standards and design
guidelines, whichever comes first.
Cc: Timothy 1. McGarry, Director Growth Management
K. Marlene Conaway, Director of Planning and EnvirolU11ental Resources
Kerry Willis, Esquire
Elizabeth La Fleur, Director, Lower Keys Island Planning Team
PLANNING COMMISSION RESOLUTION # P17-05
RESOLUTION NO. P-17-0S
AN RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING ADOPTION OF AN INTERIM
DEVELOPMENT ORDINANCE FOR THE U.S. HIGHWAY 1
CORRIDOR BETWEEN TAVERNIER CREEK AND MILE
MARKER 97; ESTABLISHING THE BOUNDARIES THEREOF;
DEFERRING THE ACCEPTANCE OF DEVELOPMENT
APPLICATIONS UNTIL DESIGN STANDARDS AND
GUIDELINES ARE ADOPTED; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF
COMMUNITY AFFAIRS (DCA); PROVIDING FOR EXPIRATION
WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THE
LIVABLE COMMUNIKEYS MASTER PLAN TAVERNIER
CREEK TO MILE MARKER 97 OR UPON ADOPTION OF
DESIGN STANDARDS AND DESIGN GUIDELINES,
WHICHEVER COMES FIRST.
WHEREAS~ The Monroe County Planning Commission, during a public hearing held on
April 27, 2005, reviewed and considered the proposed Interim Development Ordinance; and
WHEREAS~ the Board of County Commissioners at their meeting of Febmary 16, 2005,
adopted the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 as an
amendment to the Monroe County Year 2010 Comprehensive Plan (referred to hereafter as the
2010 Plan); and
WHEREAS~ The Livable CommuniKeys Master Plan for Tavernier Creek to Mile
Marker 97 (referred to hereafter as the Master Plan) is the product of the Livable CommuniKeys
program as outlined in the 2010 Plan Objective 101.20; and
WHEREAS, Goal 105, "Smart Growth," was adopted by the Board of County
Commissioners in 200 I; and
WHEREAS, Objective 105.1.2 directs the County to prepare design guidelines to ensure
that future uses and development are compatible with scenic preservation and maintenance of the
character of the casual island village atmosphere of the Florida Keys; and
WHEREAS, the 2010 Plan Objective 101.20 identifies the Livable CommuniKeys
Planning Program as a planning program designed to address community needs while balancing
the needs of all of Monroe County; and
WHEREAS~ Action Item 3.1.2 in the adopted Master Plan requires that design standards
be prepared and that any new development or redevelopment within the US 1 Highway corridor
be consistent with design standards; and
WHEREAS, Action Item 3.1.5 in the adopted Master Plan directs the County to adopt a
temporary moratorium on development in the corridor until the guidelines are adopted or six
months after the effective date of the Master Plan, whichever comes first; and
Page 1 of 6 4/29/2005
WHEREAS, the County has committed necessary staff and resources to the development
of the design standards and design guidelines in order to facilitate diligent and good faith efforts
to establish policies and regulations within a reasonable period of time; and
WHEREAS, the utilization of the moratorium device as a temporary measure to
facilitate government decision making, study and adoption of comprehensive plan and land
development regulations is a legitimate governmental tool to facilitate logical and considered
growth and as a means of avoiding inefficient and ill-conceived development; and,
WHEREAS, the Board of County Commissioners, in anticipation of the adoption of the
Master Plan, voted to contract with HDR Consultants to prepare the design guidelines and design
standards mld implementation measures including Land Development Regulations at their
meeting of January 19,2005; and
WHEREAS, the County finds that it is necessary to enact an Interim Development
Ordinance deferring the acceptance of development applications that seek development approval
for new development or redevelopment in the U. S Highway 1 corridor until such time that the
County can prepare design guidelines; and,
WHEREAS, the purpose of this Interim Development Ordinance provides mechanisms
to assure democratic discussions and participation by citizens, developers, and property owners
who may be affected by eventual amendments to the Land Development Regulations; and
WHEREAS, Chapter 125 F.S., authorizes the Board of County Commissioners to adopt
ordinances to provide standards protecting against imminent and immediate threat to the health,
safety, and welfare of the citizens of Monroe County; and
WHEREAS, this Interim Development Ordinance constitutes a valid exercise of the
County's police power and is otherwise consistent with Section 163.3161, et seq., F.S., which,
inter alia, encourages the use of innovative land development regulations including provisions
like moratoria to implement the adopted comprehensive plan; and
WHEREAS, the purpose and intent of this Interim Development Ordinmlce is necessary
to provide the COlmty the opportunity to create design standards and design guidelines for review
and approval of developments requiring review under Action Item 3,1.2 of the Master Plan; and
WHEREAS, following the direction of the Board of County Commissioners in the
adopted Master Plan, the Growth Management Division staff immediately undertook the
development of this Interim Development Ordinance and began working with the consultants
HDR, Inc on development of design standards and guidelines; and
WHEREAS, the Plalming Commission after hearing public comments and statl input,
finds that the proposed Interim Development Ordinance is consistent with and furthers the goals
and objectives of the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97
and the Monroe County Year 2010 Comprehensive Plan; and
Page 2 of 6
4/29/2005
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 Interim Development Ordinance:
Section 1: Pursuant to the Livable Communi Keys Master Plan Tavernier Creek to Mile
Marker 97 adopted by the Board of County Commissioners on February 16, 2005, the Interim
Development Ordinance shall apply to the U.S. Highway 1 Corridor between Tavernier Creek
and Mile Marker 97 including the Community Center, the boundaries of which are described on
the map, attached hereto as Exhibits 1 and 2, and hereby is made part of this ordinance.
Section 2: Pursuant to its lawful authority and the pending legislation doctrine as set forth in
Smith v. City of Clearwater, 383 So.2d 681 (Fla. 2d DCA, 1980) the Board of County
Commissioners hereby establishes the interim development regulations set forth in this
Ordinance, which shall remain in full force and effect until the expiration of this legislation
within six months of the effective date of the Livable CommuniKeys Master Plan Tavernier
Creek to Mile Marker 97 or whenever the land development regulations and design standards
and guidelines become effective, whichever comes first.
Section 3: During the period (defined in Section 2, above) that this Interim Development
Ordinance is in effect, no application for a building permit or development approval shall be
granted for new development or redevelopment, within the U.S. Highway 1 Corridor between
Tavernier Creek and Mile Marker 97 including the Community Center, which meet the following
criteria:
1. Any new or expanded non-residential structures.
2. Any new or expanded outdoor retail sales.
3. Any new residential structure containing more than two units or redeveloped residential
structure containing more than two units that involves a change in floor area, building
height, or configuration of building footprint.
4. Any new transient residential structure or redeveloped existing transient residential
structure that involves a change in floor area, building height, or configuration of
building footprint.
Section 4: The following are exempt from this ordinance:
1. Public buildings as defined in Section 9.5-4 (P-18) of the Code, subject to review and
approval of building design by the Planning Commission, based on the draft architectural
design standards and design guidelines prepared for the county by HDR consultants.
2. Development under an approved conditional use permit, repair and/or approvals required
for life safety improvements.
Section 5: The Planning Commission is hereby authorized to hear such review created by
Section 4 hereof: and approve or disapprove any building design based on the draft architectural
Page 3 of 6 4/29/2005
design standards and design guidelines. Notice of the public hearing shall be given in
conformance with procedures of Section 9.5-45. The application for design review shall
be in a form specified by the director of planning and shall be accompanied by a
nonrefundable application fee of $250.00.
Section 6: Until expiration of the Interim Development Ordinance created by
Sections I, 2 and 3 hereof, no application for a building permit or development approval
shall be granted pursuant to an application or request with a submittal date of April 1,
2005, or later.
Section 7: Any application for a building permit or development approval with a
submittal date of March 31, 2005 or earlier shall be exempt from this Interim
Development Ordinance.
Section 8: As ofthe effective date of this Ordinance no building permit application or
planning approval meeting the criteria for review identi1ied in Section 3 hereof, shall be
accepted or processed by the Growth Management Division, except applications exempt
hereunder and development awarded a vested rights determination pursuant to Section 10
hereof.
Section 9: This Ordinance shall not be construed to prohibit application for, or the
issuance of a building permit or development approval for any development or
redevelopment that does not meet the criteria for review identified in Section 3 hereof
that is allowed pursuant to the Monroe County Land Development Regulations and the
2010 Plan.
Section 10: Any property owner adversely affected by the provisions of this Interim
Development Ordinance may seek a determination that the owner's proposed
development or redevelopment is vested against the provisions of this Interim
Development Ordinance, by filing with the Director of Growth management, together
with an administrative fee in the amount of $400.00, a vested rights application setting
forth facts establishing the applicant met, prior to the date that this Ordinance is adopted
by the Board of Monroe County Commissioners, the vested rights standards set forth in
Section 9.5-181, Monroe County code. Such application must be filed no later than sixty
(60) days after the effective date of this ordinance.
Section 11: The County Administrator is directed to have the Growth Management
Division begin immediately preparing the draft text and other supporting studies in
cooperation with the Planning Commission to develop design standards and design
guidelines for development and redevelopment along the U.S. Highway 1 Corridor
between Tavernier Creek and Mile Marker 97 including the Community Center.
Section 12: In preparing these amendments, the County Administrator is directed to
focus the Growth Management Division's efforts in the following important areas: 1)
preparation of design standards and design guidelines to ensure that future uses and
development are compatible with scenic preservation and maintenance of the character of
Page 4 of6
4/29/2005
the casual island village atmosphere of the Florida Keys; 2) identification of regulatory
amendments and strategies to ensure that the goals and objectives of the 2010 Plan and
the Master Plan are properly implemented.
Section 13: If any section, subsection, sentence, clause, item, change or provision of
this ordinance is held invalid, the remainder shall not be affected by such invalidity.
Section 14: All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict
Section 15: The ordinance is hereby transmitted to the Florida Department of
Community Affairs pursuant to Chapter 380, Florida Statutes.
Section 16: This ordinance shall be filed in the Office of the Secretary of State of the
State of Florida, but shall not become effective until a notice is issued by the Department
of Community Affairs or Administration Commission approving pursuant to Chapter
380, Florida Statutes.
Section 17: This Ordinance shall stand repealed as of the adoption of design standards
and design guidelines for the U.S. Highway 1 Corridor Between Tavernier Creek and
Mile Marker 97 including the Community Center or Six months after the effective date of
the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97, whichever
comes first, unless repealed sooner or extended pursuant to the terms set forth herein.
-Remainder of this page left blank-
Page 5 of6
4/29/2005
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida at a
regular meeting held on the 2ih day of April, 2005.
Chair Lynn C. Mapes
Vice Chair Denise Werling
Commissioner Jiulio Margalli
Commissioner Janles C. Cameron
Commissioner Randy Wall
Yes
Yes
Yes
No
Absent
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
BY
Lynn Mapes, Chair
Signed this
day of
,2005.
A TT ACHED - MAPS EXHIBIT 1 and EXHIBIT 2, U.S. HIGHWAY 1 CORRIDOR
BETWEEN TAVERNIER CREEK AND MM 97 AND COMMUNITY CENTER MAPS
Page 6 of6
4/29/2005
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION #D7 -05
DRC RESOLUTION NO. D7-05
AN RESOLUTION BY THE MONROE COUNTY DEVELOPMENT
REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE
MONROE COUNTY PLANNING COMMISSION OF THE
ADOPTION OF AN INTERIM DEVELOPMENT ORDINANCE
FOR THE U.S. HIGHW A Y 1 CORRIDOR BETWEEN
TAVERNIER CREEK AND MILE MARKER 97; ESTABLISHING
THE BOUNDARIES THEREOF; DEFERRING THE
ACCEPTANCE OF DEVELOPMENT APPLICATIONS UNTIL
DESIGN STANDARDS AND GUIDELINES ARE ADOPTED;
PROVIDING FOR EXEMPTIONS; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS (DCA); PROVIDING
FOR EXPIRATION WITHIN SIX MONTHS AFTER THE
EFFECTIVE DATE OF THE LIV ABLE COMMUNIKEYS
MASTER PLAN TAVERNIER CREEK TO MILE MARKER 97 OR
UPON ADOPTION OF DESIGN STANDARDS AND DESIGN
GUIDELINES, WHICHEVER COMES FIRST.
WHEREAS, the Board of County Commissioners at their meeting of February 16, 2005,
adopted the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 as an
amendment to the Monroe County Year 2010 Comprehensive Plan (referred to hereafter as the
2010 Plan); and
WHEREAS, the Livable CommuniKeys Master Plan for Tavernier Creek to Mile
Marker 97 (referred to hereafter as the Master Plan) is the product of the Livable CommuniKeys
program as outlined in the 2010 Plan Objective 101.20; and
WHEREAS, Goal 105, "Smart Growth," was adopted by the Board of County
Commissioners in 2001; and
WHEREAS, Objective 105.1.2 directs the County to prepare design guidelines to ensure
that future uses and development are compatible with scenic preservation and maintenance of the
character of the casual island village atmosphere of the Florida Keys; and
WHEREAS, the 2010 Plan Obj ective 101.20 identifies the Livable CommuniKeys
Planning Program as a planning program designed to address community needs while balancing
the needs of all of Monroe County; and
WHEREAS, Action Item 3.1.2 in the adopted Master Plan requires that design standards
be prepared and that any new development or redevelopment within the US 1 Highway corridor
be consistent with design standards; and
WHEREAS, Action Item 3.1.5 in the adopted Master Plan directs the COlmty to adopt a
temporary moratorium on development in the corridor until the guidelines are adopted or six
months after the effective date of the Master Plan, whichever comes first; and
Page 1 of 6 4/29/2005
WHEREAS, the County has committed necessary staff and resources to the development
of the design standards and design guidelines in order to facilitate diligent and good faith efforts
to establish policies and regulations within a reasonable period of time; and
WHEREAS, the utilization of the moratorium device as a temporary measure to
facilitate government decision making, study and adoption of comprehensive plan and land
development regulations is a legitimate governmental tool to facilitate logical and considered
growth and as a means of avoiding inefficient and ill-conceived development; and,
WHEREAS, the Board of County Commissioners, in anticipation of the adoption of the
Master Plan, voted to contract with HDR Consultants to prepare the design guidelines and design
standards and implementation measures including Land Development Regulations at their
meeting of January 19,2005; and
WHEREAS, the County tinds that it is necessary to enact an Interim Development
Ordinance deferring the acceptance of development applications that seek development approval
for new development or redevelopment in the U. S Highway 1 corridor until such time that the
County can prepare design guidelines; and,
WHEREAS, the purpose of this Interim Development Ordinance provides mechanisms
to assure democratic discussions and participation by citizens, developers, and property owners
who may be affected by eventual amendments to the Land Development Regulations; and
WHEREAS, Chapter 125 F.s., authorizes the Board of County Commissioners to adopt
ordinances to provide standards protecting against imminent and immediate threat to the health,
safety, and welfare of the citizens ofMomoe County; and
WHEREAS, this Interim Development Ordinance constitutes a valid exercise of the
County's police power and is otherwise consistent with Section 163.3161, et seq., F,S., which,
inter alia, encourages the use of innovative land development regulations including provisions
like moratoria to implement the adopted comprehensive plan; and
WHEREAS, the purpose and intent of this Interim Development Ordinance is necessary
to provide the County the opportunity to create design standards and design guidelines for review
and approval of developments requiring review under Action Item 3.1.2 of the Master Plan; and
WHEREAS, following the direction of the Board of County Commissioners in the
adopted Master Plan, the Growth Management Division staff immediately undertook the
development of this Interim Development Ordinance and began working with the consultants
HDR, lnc on development of design standards and guidelines; and
WHEREAS, the Monroe County Development Review Committee, during a regular
meeting held on March 24, 2005, conducted a review and consideration of the request filed by
the Monroe County Planning Department to recommend approval to the I'vlonroe County
Planning Commission of the Interim Development Ordinance.
Page 2 of6
4/29/2005
NOW THEREFORE, BE IT RESOL VED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the
Monroe County Planning Commission of the following as requested by the Monroe County
Planning Department:
Section 1: Pursuant to the Livable CommuniKeys Master Plan Tavernier Creek to Mile
Marker 97 adopted by the Board of County Commissioners on February 16, 2005, the Interim
Development Ordinance shall apply to the U.S. Highway 1 Corridor between Tavernier Creek
and Mile Marker 97 including the Comnltmity Center, the bOlmdaries of which are described on
the map, attached hereto as Exhibits 1 and 2, and hereby is made pmi of this ordinance.
Section 2: Pursuant to its lawful authority and the pending legislation doctrine as set forth in
Smith v. City of Clearwater, 383 So.2d 681 (Fla. 2d DCA, 1980) the Board of County
Commissioners hereby establishes the interim development regulations set forth in this
Ordinance, which shall remain in full force and effect until the expiration of this legislation
within six months of the effective date of the Livable CommuniKeys Master Plan Tavernier
Creek to Mile Marker 97 or whenever the land development regulations and design standards
and guidelines become effective, whichever comes first.
Section 3: During the period (defined in Section 2, above) that this Interim Development
Ordinance is in effect, no application for a building permit or development approval shall be
granted for new development or redevelopment, within the U.S. Highway 1 Corridor between
Tavernier Creek and Mile Marker 97 including the Community Center, which meet the following
criteria:
1. Any new or expanded non-residential structures.
2. Any new or expanded outdoor retail sales.
3. Any new residential structure containing more than two units or redeveloped residential
structure containing more than two units that involves a change in floor area, building
height, or configuration of building footprint.
4. Any new transient residential structure or redeveloped existing transient residential
structure that involves a change in floor area, building height, or configuration of
building footprint.
Section 4: The following are exempt from this ordinance:
1. Public buildings as defined in Section 9.5 -4 (P-18) of the Code, subj eet to review and
approval of building design by the Planning Commission, based on the draft architectural
design standards and design guidelines prepared for the county by HDR consultants.
2. Development under an approved conditional use permit, repair and/or approvals required
for life safety improvements.
Section 5: The Planning Commission is hereby authorized to hear such review created by
Section 4 hereof, and approve or disapprove any building design based on the draft architectural
Page 3 of 6 4/29/2005
design standards and design guidelines. Notice of the public hearing shall be given in
conformance with procedures of Section 9.5-45. The application for design review shall
be in a form specified by the director of planning and shall be accompanied by a
nonrefundable application fee of $250.00.
Section 6: Until expiration of the Interim Development Ordinance created by
Sections 1, 2 and 3 hereof, no building permits or development approval shall be granted
pursuant to an application or request with a submittal date of April 1 ,2005, or later.
Section 7: Any application for a building permit or development approval with a
submittal date of March 31, 2005 or earlier shall be exempt iiom this Interim
Development Ordinance.
Section 8: As of the effective date of this Ordinance no building permit application or
planning approval meeting the criteria for review identified in Section 3 hereof, shall be
accepted or processed by the Growth Management Division, except applications exempt
hereunder and development awarded a vested rights determination pursuant to Section 10
hereof.
Section 9: This Ordinance shall not be construed to prohibit the issuance of a
building permit or planning approval for any development or redevelopment that does not
meet the criteria for review identified in Section 3 hereof that is allowed pursuant to the
Monroe County Land Development Regulations and the 2010 Plan.
Section 10: Any property owner adversely affected by the provisions of this Interim
Development Ordinance may seek a determination that the owner's proposed
development or redevelopment is vested against the provisions of this Interim
Development Ordinance, by filing with the Director of Growth management, together
with an administrative fee in the amount of $400.00, a vested rights application setting
forth facts establishing the applicant met, prior to the date that this Ordinance is adopted
by the Board of Monroe County Commissioners, the vested rights standards set forth in
Section 9.5-181, Monroe County code. Such application must be filed no later than sixty
(60) days after the effective date of this ordinance,
Section 11: The County Administrator is directed to have the Growth Management
Division begin immediately preparing the draft text and other supporting studies in
cooperation with the Planning Commission to develop design standards and design
guidelines for development and redevelopment along the U.S. Highway 1 Corridor
between Tavernier Creek and Mile Marker 97 including the Commtmity Center.
Section 12: In preparing these amendments, the County Administrator is directed to
focus the Growth Management Division's efforts in the following important areas: 1)
preparation of design standards and design guidelines to ensure that future uses and
development are compatible with scenic preservation and maintenance of the character of
the casual island village atmosphere of the Florida Keys; 2) identification of regulatory
Page 401'6
4/29/2005
amendments and strategies to ensure that the goals and objectives of the 2010 Plan and
the Master Plan are properly implemented.
Section 13: If any section, subsection, sentence, clause, item, change or provision of
this ordinance is held invalid, the remainder shall not be affected by such invalidity.
Section 14: All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 15: The ordinance is hereby transmitted to the Florida Department of
Community Affairs pursuant to Chapter 380, Florida Statutes.
Section 16: This ordinance shall be filed in the Office of the Secretary of State of the
State of Florida, but shall not become effective until a notice is issued by the Depmtment
of Community Affairs or Administration Commission approving pursuant to Chapter
380, Florida Statutes.
Section 17: This Ordinance shall stand repealed as of the adoption of design standards
and design guidelines for the U.S. Highway I Corridor Between Tavernier Creek and
Mile Marker 97 including the Community Center or Six months after the effective date of
the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97, whichever
comes first, unless repealed sooner or extended pursuant to the terms set fOlth herein.
-Remainder
of
this
page
left
blank
Page 5 of6
4/29/2005
PASSED AND ADOPTED By the Development Review committee of Monroe County,
Florida at a regular meeting held on the 24th day of March, 2005.
Aref Joulani, Sf. Administrator, Development Review and Design YES
David A. Dacquisto, Director, Island Planning Team YES
Elizabeth LaFleur, Director, Island Planning Team YES
Thomas Williams, Planner YES
Department of Health (by fax) YES
Department of Public Warks (by fax) YES
Department of Engineering (by fax) YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA
BY
Aref Joulani, DRC Chair
Signed this
day of
,2005
ATTACHED - U.S. HIGHWAY 1 CORRIDOR BETWEEN TAVERNIER CREEK
AND MM 97 AND COMMUNITY CENTER MAP
Page 6 of 6
4/29/2005