Item B1b
Meeting Date: June 14, 2005
Bulk Item: Yes No ~
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Division: Growth Management
Department: Planning
Staff Contract Person: Marlene Conaway
AGENDA ITEM WORDING:
Public hearing to consider adopting a DCA Transmittal Resolution for an ordinance amending the
Monroe County Year 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 tor the
implementation of Goal 105 of the 2010 Comprehensive Plan and the Tier Overlay District
I t sf of 2 required public hearings J
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. This is a continuation of the Hearing held on May 17, 2005. This ordinance has been
revised to retlect direction given to staff by the Board at the May hearing. Please reter to the staff
report for summary of substantive changes.
The staff is requesting the Board to approve the Transmittal Resolution for submittal of the proposed
ordinance to DCA for review and comment
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 NI A No
AMOUNT PER MONTH N/A Year
DOCUMENT A TION:
Included X
DIVISION DIRECTOR APPROVAL:
DISPOSITION:
AGENDA ITEM #
COMPREHENSIVE PLAN AMENDMENTS
TO AMEND THE ROGO AND NROGO SECTIONS TO
Il\1PLEMENT THE TIER OVERLAY DISTRICT
TRANSMITTAL RESOLUTION TO
THE DEPARTMENT OF COMMUNITY AFFAIRS
BOARD OF COUNTY COMMISSIONERS
MARA THON - EOC
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
AMENDING THE YEAR 2010 COJVIPREHENSIVE PLAN
TO DELETE REQUIREMENTS FOR AN HEI, REVISE THE
OPEN SPACE, LAND ACQUISITION, MANAGEMENT
AND GIS MAPPING REQUIREMENT TO IMPLEMENT
GOAL 105 OF THE 2010 COMPREHENSIVE PLAN AND
THE TIER SYSTEM.
WHEREAS, the Monroe County Board of County Commissioners, during
seven public hearings held in December, 2004 and January, February, March, April,
May and June 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 20 I 0 Comprehensive Plan; and
WHEREAS, the Planning Commission and the Monroe County Board of
County Commissioners support the requested amendments to the Monroe County
Year 20 10 Comprehensive Plan;
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 201 0
Comprehensive Plan; and
Section 2. The Board of County Commissioners does hereby transmit the
proposed amendments to the Florida Department of Community Afl'airs for review
and comment in accordance with the provisions of Sections 163.184 and 380.0522,
Florida Statutes; and
Section 3. The Monroe County Stafl' 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 91-11.006 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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting or said Board held on the_day of _,
A.D., 2005.
Mayor Dixie Spehar
Mayor Pro T em Charles 11 Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
Commissioner Murray E. Nelson
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY. FLORIDA
BY:
Mayor/Chairperson
(Seal)
ATTEST: DANNY L. KOLHAGE, CLERK
VONAOE COUNTY ATTORHIY
A.p. PAOVEO AS TO FORM
'/'..J; )
r,l/ dL :5. ;;J", . /}:1
Data:
DEPUTY CLERK
2
PROPOSED AMEND11ENTS 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 20] 0 Comprehensive Plan and the Tier Overlay district.
lIst of2 required public hearings]
BOARD OF COUNTY COMMISSIONERS
MARATHON EOC ROOM
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 ORDINANCE (NROGO) TO UTILIZE THE TIER
OVERLAY AS THE BASIS FOR THE COMPETITIVE POINT SYSTEM;
TO IMPLEMENT GOAL 105 OF THE 2010 COMPREHENSIVE PLAN BY
DELETING POLICIES 101.5.7, 101.5.8, 101.6.5, 101.6.6, 101.13.3, 1101.13.5,
101.13.7, AND 101.13.8; REVISING OBJECTIVE 101.5 AND POLICIES
101.2.3, 101.2.4, 101.3.1, 101.3.3, 101.3.4, 101.3.5, 101.5.1, 101.5.2, 101.5.3,
101.5.4, 101.5.5, 101.5.6, 101.5.9, 101.5.10, 101.6.1, 101.12.4, 101.13.4,
101.13.6, 101.13.9, AND 102.3.1.; CREATING NEW POLICIES 101.5.9 AND
101.6.5; PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; DIRECTING THE PLANNING AND
ENVIRONMENT AL RESOURCES DEPARTMENT TO TRANSMIT A
COpy OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; AND, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Florida Administration Commission in 1996 enacted Rule 28-20.100,
which created the "Work Program" in the 2010 Comprehensive Plan and mandated, among other
things, the preparation of a Carrying Capacity Study for the Florida Keys; and
WHEREAS, the "Work Program" mandates that the County implement the Carrying
Capacity Study by the adoption of all necessary plan amendments to establish development
standards to ensure that new development does not exceed the carrying capacity of the County's
natural environment; and
WHEREAS, the "Work Program" mandates that the County initiate and complete a
collaborative process for the adoption of Land Development Regulations (LOR) and
Comprehensive Plan amendments to strengthen the protection of terrestrial habitat; and
\VHEREAS, the Florida Keys Carrying Capacity Study (FKCCS), completed in
September 2002, sets out guidelines that, inter alia, would direct future development away from
"native habitat," and into "areas ripe for redevelopment or already disturbed"; and
WHEREAS, Florida Statute l63.3177(6)(a) requires the adoption and implementation of
a future land use element which designates future general distribution, location, and extent of
lands used for conservation purposes; and
WHEREAS, Goal 105 of the 2010 Comprehensive Plan, "Smart Growth," was adopted
by the Board of County Commissioners in 2001 to comply with the statutory mandate, to
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implement Rule 28-20.100, F.A.C., and to provide a framework within the 2010 Comprehensive
Plan to implement the FKCCS and other state directives; and
\VHEREAS, Objective 105.2 of the 2010 Comprehensive Plan, pursuant to the Rule 28-
20.100, F.A.C. mandate, directs the County to map and designate land within the Florida Keys in
order to protect environmentally sensitive lands; and
WHEREAS, pursuant to Rule 9J-l1.006, F.A.C., this Ordinance is being transmitted to
the State Department of Community Affairs for comment and review; and
WHEREAS, based on any comments made or legal objections raised by the State
Department of Community Affairs, the County will prepare land development regulations
implementing the Comprehensive Plan amendments being transmitted by this Ordinance; and
WHEREAS, the Monroe County Board of County Commissioners, during seven public
hearings held in December, 2004 and January, February, March, April, May, and June 2005,
reviewed and considered the proposed amendments to the 20 I 0 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 Ill, 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] 05; 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 Canying Capacity Study
(FKCCS), the Planning Department and the Property Appraisers Office and refined through site
visits by the County Biologists and Planners; and
WHEREAS, tropical hardwood 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 Tier I areas to identify the best and most important terrestrial habitat areas for preservation;
and
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WHEREAS, Tier I includes all contiguous tropical hardwood hammock areas above four
acres and restoration areas between frabrmented smaller hammock patches to increase the
hammock size and buffers where possible; and,
\VHEREAS, Tier II areas are only designated for Big Pine Key and No Name Key and,
along with the Tier I and HI designations on these two islands, this designation is based on
relative wildlife habitat quality as defined in the Habitat Conservation Plan and previously
incorporated into the Monroe County Comprehensive Plan under Policy 101.20.2; and
WHEREAS, Tier III is appropriate for additional infill development because of the
location and amount of existing development in the areas designated and the absence of
significant upland native habitat patches; and
WHEREAS, the proposed ROGO is a positive system, awarding major points for the
Tier location of property; and
WHEREAS, additional points may be gained in Tier 11 (Big Pine Key and No Name Key
only) 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 Communi Keys Master Plan for the Islands; and
WHEREAS, ROGO has been completely redrafted utilizing the Tier System as the basis
with habitat protection as the most important reason for assignment of points and the basis of the
Tier maps; and
WHEREAS, the sustainability points, water and energy conservation, are more
appropriately addressed in the building code; and
\VHEREAS, in response to a BOCC directive the points for lot dedication were modified
to award a point for each 5,000 square feet of a Suburban Residential (SR) platted lot. An
Improved Subdivision (IS), Urban Residential Mobile Home (URM) and Commercial Fishing
Village (CFV) platted lot will receive four points and the single point value for unbuildable
platted Suburban Residential (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; and
WHEREAS, additional points may be accrued by dedicating lots, reducing intensity and
through landscaping and water conservation; and
WHEREAS, applications for non-residential t100r area which include employee housing
as part of the development plan will receive up to four additional points in NROGO; and
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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 reviewed the proposed amendments to
the 2010 Comprehensive Plan to amend ROGO and NOGO based on the recommendations of the
Planning Commission and Planning and Environmental Resources Department; and
WHEREAS, the Board of County Commissioners has changed the ROGO scoring of Tier
I designated areas outside of Big Pine Key and No Name Key, to "+ 1 0" points to address legal
concerns regarding property rights and has limited the annual allocations available to Tier I
applicants to no more than (3) in the Upper Keys and three (3) in the Lower Keys; and
WHEREAS, the Board of County Commissioners finds the proposed amendments 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 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:
a. the number of permits for ne,;.' residential units issued during the previous
year, including permits which did not result in completed units or active
progress towards such completion as defined by the Land Development
Regulations; and
b. applioation of the updated transportation model of the LO'l-;er Southeast
Florida Hurricane E,,'ucuation Study e'/ery five years or v,hen warranted
by implementation of roadway capacity improvements, new behavioral
data, or substantial changes in development patterns (see Conservation and
Coastal Management Element Policy 216.1.5);
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a. expired allocations and building permits in previous year;
b. allocations available, but not allocated in previous year;
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; il:H4
2. allocation of single and multi family unit types affordable and market rate
housing units in accordance with Policy I 01.2.4; ~
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:
Policy 101.2.4
Monroe County shall allocate at least 20 percent of residential (non~transient) growth to affordable
hml<;ing l.ll1its as part of the Pt.'TITlit 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 tor this separate allocation ffitiSt shall meet
the criteria specified in Policy 601.1.7. and shall not besubiect to the Residential Permit Allocation
and Point System in Policy 101.5.4. The parcel proposed for affordable housing development shall
not be located in an acquisition arOll and shall not quiliifY tOr negative points according to the t.nteria
specified under Habitat Protection and Threat-ened or Endangered ,^.nimol Species in Policy
101.5.1; ho',vever, properties designated Residential High shall be eKempted Rum this prohibition.
within an area designated a<; Tier I as set forth llilder Goal 1 05.
Section 3.
Amend Policy 101.3.1 as tollows:
Policy 101.3.1
Monroe County shall maintain a balance between residential and non-residential growth
by limiting the gfflSS square footage of non-residential development over the 15 year
planning horizon in order to maintain a ratio of approximately 239 square feet of illill:
non-residential development for each new residential unit permitted through the
Residential Pennit 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 for commercial allooation shall
be revised upon completion of the economic baseline analysis required by policy 101.3.5
which shall be completed no later than January 1, 1997. The commercial allocation
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allowed by this policy shall be uniformly distributed O'/ef the 15 year planning horizon on
an annual basis. consistent with the Residential Permit Allocation System as set forth in
Policy 101.2.1. Within one year of the effective date of this plan, Monroe County shall
amend this policy to specify the aRAual allo'ovable square footage based upon the number
of residential units allowed by year using the mtio set forth in this policy.
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-f new non-
residential development to be pemlitted during the next year based upon..
but not limited to:
a) the square footage &1:' allocated for new non-residential
development completed that expired during the previous year;
b) strict regulations regarding completion schedules of permitted
aotivities shall be developed and enforced to preclude repeated
rene'Nul of expired permits; and
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 Pennit 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
cal endar year.
Section 5.
Amend Policy 101.3.4 as follows:
Policy 101.3.4
Public facilitie.<; shall be exempted from the requirements of the Pl'l111it Allocation Sysk111 for new
non~residl'fltial development. Exa..>pt within Tier I designated areas under Goal 105, Ga..nain
development activity by federally tax-exempt not-for-profit educational, scientific, health, religious,
social, cultural, and fC(.'feational organizations may be exempted from the PCID1it Allocation System
by the Board of County Commissioners afk"f review by the Planning Commission upon a finding
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that such activity will predominately serve the County's non-transient population. All public and
institutional uses that predominately serve the COlUlty'S non-transimtpopulation and which house
temporary residents shall be included in the Pemrit Allocation System tor residmtial developmmt,
except upon factual demon.<;tration that such transimt 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 tollows;
Policy 101.3.5
By January 1, 1998 July 2005, Monroe County shall complete l! an economic buse
analysis market demand analysis and economic assessment in order 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 (PLUM)
designations tor non-residential uses shull 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 includin!l: tourism. The economic base
analysis will address existing non-residential uses, vacancy rates, economic trends and
demand for non-residential uses by planning sub-area.
Section 7. Ammd Policy 101.4.21 by adding (i) under "Notes" in the table mtitled "Future Land Use
Densities and Intensities" that reads as follows:
(i)
The Maximum Net Dmsity is the maximum density allowable with the u.<;e of TORs.
Section 8.
Amend Objective 101.5 as follows:
Objective 101.5
Monroe County shan 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:
L 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]; t:l:flt'l.
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 tallows:
Policy 101.5.1
By January 4, 1997, Monroe County shall adopt through its land development regulations
a ~ Point System for residential (ROGO) and non-residential (NROGO) development
to replace the existing Point System by no later than July L 2005. Except for affordable
housing, this Point System, as set forth in Policy 101.5.4 for residential development and
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Policy 10 [,5.5 for non-residential development, -w-friefl shall be used as a basis for
selecting the development applications which are to be issued permits through the Pennit
Allocation System pursuant to Policy 101.5.4 and Policy 101.5.5 (see Policy 101.2.1 ).
For market rate housing units or non-residential development to be awarded allocations
under the Permit Allocation System, +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 fonn of residential growth, the Point System shall assign positive
point ratings to applications ror new residential devel.opmeflt '.'{hleh would that resulf3i in infil1
development in platted, improved subdivisions , the Point System shall be primarily based on the
Tier system ofland cIa..<;sification a..<; set forth lll1der Goal 105. To discourage and linlit further
growth in Tier I designated areas, the annual maximum number of residential pennit allocations that
may be awarded in Tier I shall be no more three (3) in each of the two Residential Pennit AJlocation
plmming areas established by the Land DeveIopm(,'tlt Res1Ulations. [9J-5.006(3)(c)1 and 6]
Section n.
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 amount 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 intill sites. (See Policy 101.3.1.) [9J-5.006(3)(c)l]
Section 12.
Amend Policy 101.5.4 to read as follows:
Policy 101.5.4
Monroe County shall implement the residential Permit Allocation and Point System
through its 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 intill 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.
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Point Assignment: Criteria:
+10 Proposes a dwelling
unit within areas
designated Tier I
[N atural 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 III [Intin Area] on
Big Pine or No Name
Key.
+30 Proposes development
within areas designated
Tier III [Inflll Area]
outside of Big Pine or
No Name Key.
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
Communi Keys Community Master Plan.
I Point Assignment: riteria:
1-10 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
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ommunity Ma..'iter
Ian.
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.
int Assignment.'
+4
Criteria:
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
additional points as
s ecified.
4. Land Dedication - The following points shall be assigned to allocation
applications to encourage the vollUltary dedication of vacant, buildable land within
Tier I and Tier II (Big Pine Key and No Name Kcy) 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 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
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+1 for each 5,000 square feet oflot size
+0.5
+4
buildable. Each
additional vacant,
legally platted lot that
meets the
aforementioned
requirements will earn
points as specified.
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 1
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.
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 sPt.:cified.
Proposes dedication to
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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
atorementioned
requirements will earn
points asspecifie~.
5. Market Rate Housing in Employee or Affordable Housing Project- The
following points shall be assih1J1ed to allocation applications tor market rate housing
units in an employee or affordable housing project:
Point Assignment: Criteria:
+6 Proposes a market rate
housing unit which is
part of an affordable
or employee housing
project; both
affordab I e and
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:
Point Assigl1ment: Criteria:
-4 Proposes development
within "V" zones on
the FEMA flood
insurance rate maps.
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7. Central Wastewater System Availability - The following points shall be assigned
to allocation applications:
Point Assigf!l11cnt: Criteria:
+4 Proposes development
required to be
connected to a central
wastewater treatment
system that meets the
BA T I A WT treatment
standards established
by Florida Legislature
. and Policy 901.1.1.
8. Payment to the Land Acquisition Fund - Up to two (2) 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 retirement of development rights. The
monetary value of each point shall be set annually by the County based upon the
estimated average fair market value of vacant, privately-owned, buildable IS/URM
zoned, platted lots in Tier 1.
9. Perseverance Points ~ One (l) 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. Amend Policy 101.5.5 to read 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 S)rstem 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 be
acquired or development rights retired for resource conservation and protection:
oint Assignment:
Criteria:
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0 Proposes non-residential development within
an area designated Tier 1 [Natural Area],
except for the expansion of lawfully
established non-residential development
I provided under "exception" below.
1+-10 Proposes non-residential development within'
an area designated Tier II [Transition and
Sprawl Reduction Area on Big Pine Key and
No Name Key].
+20 Proposes non-residential development within
an area designated Tier III [Infill Area].
(Exception:
, Any lawfully established non-residential
development shall be assigned +20 points
contingent upon no further clearing of upland
native habitat and no addition to and/or
expansion of the existing lot or parcel upon
which the existillguse is located.
2. Intensity Reduction. The tollowing 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 allocabon 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
UI, for the purpose of providing land for affordable housing where appropriate.
oint Assignment:
4
,'teria:
Proposes dedication to Monroe County of one
(1) vacant, legally platted lot of sufticient
minimum lot size and upland area to be
buildable. Each additional vacant, legally
platted, buildable lot which is dedicated that
meets the atorementioned requirements will
earn the additional points as specified.
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+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 1 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
(I) vacant, legally platted lot of five thousand
(5,000) square feet or more within a Tier 1 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 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:
Point Assigrunent: 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 6)[ 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]:
Point Assignment: Criteria:
+3 The development eliminates an eXlstmg
driveway or access-way to U.S. Highway 1.
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+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 wateri~l1g1andscape plants.
8. Central Wastewater System Availability - The following points shall be
assigned to allocation applications:
Point Assignment: I Criteria:
+4 Proposes development
required to be
connected to a central
wastewater treatment
system that meets the
BAT! A WT 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:
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Point Assignment.~ Criteria:
+2 Proposes an employee
housing unit which is
located on a parcel
with a non-residential
use.
10. Payment to the Land Acquisition Fund ~ Up to two (2) points shall be awarded
for a monetary payment by the applicant to the County's land acquisition fund tor
the purchase of lands for conservation, and retirement of development rights. The
monetary value of each point shall be set annually by the County based upon the
estimated average fair market value of vacant, privately-owned, buildable IS!URM
zoned, platted lots in Tier 1.
Section 14. Amend Policy 101.5.6 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 or adjust positive and negative faotom based on
new studies and data in a manner that is consistent with and furthers the goals. policies.
and objectives of this plan. :.'.'hich may be identified by studies prepared as part of the
implementation of the Goa]s, Ob-jecti\'es and Policies of the Comprehensive Plan. Such
adjustments to the Point Systems shall result in amendments to the Comprehensive Plan
and/or land de'/e]opment regulations as appropriate. These studies include, but are not
limited to:
1. the Sanitary Waste'.vater Master Plan (see Sanitary WaSh~\vuter Objectiye 901.4
and relat0d polioies);
2. the StOnTI\".'ater Management Master Plan (see Drainage Objective 1001.3 and
related policies);
3. the Florida Keys National Marine Sanctuary Management Plan;
'1. special studies undertaken as part of the Florida Keys National Marine Sanotuary
Water Quality Protection Program (see Conservation and Coastal Management
ObjectiY6 202.1 and related policies);
5. the Li'/e Aboard Study (see Conser'/ution and Coastal Management Objective
202.1 and related policies);
6. the Florida Keys ,^.dvance Identifioation of Wetlands (;\DID) Program (see
Conservation and Coastal Ma-nagement Objective 201.1 and related policies);
Section 15. Delete Policy 101.5.7 and 101.5.8.
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Petie)' HH.5.7
/\s part of the first annual re'.'icw of the Residential and Non residential Point
Systems, additional criteria may be included such as:
1. North Key Largo Negative points may be assigned for de'lelopment proposed
within that portion of Key Largo located between the junction of State Road 905
and U.S. Higlr.vay 1 and the Dade County boundary at i\.ngelfish Creek
) Traffic Capacity i^.S part of the first annual re';ie':/ of the Residential and Non
residential Point System, positive points may be assigned for development served
by US I segments \vhich have slKplus capacity. Negatl'/e points shall be assigned
for de','elopment ~jef\'ed by US I segments '.'Ihi0h ha';e marginal capacity.
3. Offshore Islands Negative points may be assigned to developments on otI"hore
islands.
4. Conservation Lands Negative points may be assigned to developments '.'.'hich
may impact designated or proposed conser','ation lands.
5. Disturbed Saltmarsh and Buttonwood Wetlands Negative points may be
assigned to developments which require the placement of fill or structures in
disturbed saltmarsh and buttorFl,'ood wetlands.
6. Historie Resources Negative points may be assigned to developments which
remove or destroy hdoric or archaeological resorn-ces. Positive points may be
assib'Tled to developments '.vhich restore or enhance historic or archaeological
resources.
7. Potential Development Credits (PDCs) }.n applicant may have the option of
reoei','ing positive points, called Potential Development Credits (PDCs), for
transferring development rights a'Nay from a sender site for development
proposed on an eligible receiver site, as specifIed in Objecti'/e 101.13 and reluted
policies.
PaHey 101.5.8
The Residential Permit ,^.llocation Ordinance shull be amended to awm:d a graduated
scale of positive points to dwelling units v/hich are proposed for lots ','.'ithin legally
platted, recorded ~;ubdivisions, '.vhich are served by existing infrastructure, including at a
minimum potable '.vuter, electricity and paved road'.vays. Maximum points shall be
ll'.varded for those projects proposed within platted subdivisions '.vhich are 67% to 100%
built out; fev,'er points will be awarded for projects proposed for subdivisions 33% 67%
built out; and minimum points shall be a'.varded for projects proposed tor subdivisions 0
33% built out. The percentage of build out shall be based upon updated, accurate data
from the County's Goographic Infnrmation System (GIS). The Ordinance shall be
amended when the pertinent information is readily available on the County's GIS.
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Section 16. Renumber and amend Policy 101.5.9 as follows:
Policy HH.5.9101.5.7
Monroe County shall allow for the development of residential multi family projects with multiple units
within the Pennit 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). Ml;llti family affordable hou~.ing or elderly ROlining projectn
~;hall be given priority.
Section 17. Renumber and amend Policy 101.5.10 as follows:
Policy HH.5.10101.5.8
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,
campground/recreational vehicle spaces and/or mobile homes to another site in the same
RaGa sub-area, provided that they are lawfully existing and can be accounted for in the
County's hurricane evacuation modeL In addition, the fl:eW receiver site ',,-,auld not be
eligible for any negative environmental points under ROGa '.vith the exception of those
properties designated Residential High. shall be located within a Tier III area and tor a
receiver site on Big Pine Key and No Name Key, the sending site shall also be located on
one of those two islands. When a multiple family housing development utilizes u TRE,
any other units in that same project that are permitted through the RaGa process may be
eligible for minor positive points on a one for one basis,
Section 18. Create a new Policy 101.5.9 that reads as follows:
Policy 101.5.9
For the purposes of NROGO scoring pursuant to Policy 101.5.5, lawfully established
non-residential uses shall be assigned +20 points. If any such use is located within a Tier
I designated area, such scoring assibmment shall be contingent upon no further clearing of
upland native habitat and no addition to and/or expansion of the existing lot or parcel
upon which the use is located.
Section 19. Amend Policy 101.6,1 as follows:
Policy 101.6.1
Monroe County, the state. or other acquisition agency shall, upon a property owner's
request, purchase the 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
tollowing conditions:
I. they have been denied an allocation award for four successive years in the Pem1it
Allocation System; Residential (ROGO) or Non-residential (NROGO) Permit
Allocation System;
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2. their proposed development otherwise meets all applicable county, state, and
federal regulations;
3. their allocation application has not been withdrawn;
4. they have complied with all the requirements of the Permit .^Jlocation System
Residential or Non-residential Permit Allocation System; and
5. they follow the procedures for administrative relief contained in tho D'I/slling
Unit i\llocation Ordinance. 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] 992.
Section 20. Delete Policy 10 1. 6.5 and Policy 101.6.6 and create new Policy] 01.6.5 that
reads as follows:
Polie: 101.6.5
Monroe County shull annually compile a list prioritizing the lands requested fDr County
acquisition due to the Permit .^.llooation 8ystem.. The lands of the property OV.'llers V/ho
meet the criteria in Policy 10] .6.1 shall be ranked aocording to:
1. the environmental sensitivity of the ';egetative habitat, ma.rine resources, and impacts
to the quality of near shore waters as specified by the ranking in the En'.'ironmental
Design Criteria section of the Land Development Regulations;
2. whether the property is in known, probable, and/or potential habitat for one or more
threatened and/or endangered species, as indicated on the most recent Protected
,A.nimal Maps; and
3. "vhetner development on the property v.ill ad':ersely impact successful protection and
recovery of threatened or endangered species, suoh as de'lelopment on Big Pine Key,
No Name Key, Ohio Key, and North Key Largo.
Those lands considered most sensiti':e according to the combination of (a), (b) and (c)
above shall be ranked as the highest priority for acquisition.
Peliey 101.tl.6
When considering the acquisition of lands denied building penuit allocations through the
Penuit Allocation System, Monroe County shall buse the acquisition decision upon the
environmentally sensitivity ranking specified in Policy 101.6.5
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Policy 101.6.5
Monroe County, the state, or other acquisition agency 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 1 01.6.1, if the subject permit is for development located within:
1. a designated Tier I area;
2. an upland tropical hardwood hammock of more than one-acre in size or pinelands
habitat outside of Tier I; or,
3. a designated Tier 1Il 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 allocation award.
Section 21. Amend Policy 101.12.4 to read as follows:
Policy 101.12.4
Upon adoption of the Comproo6flsive 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 Conservation Land Protection "A,reus
designated Tier I areas.
Except for passive recreational facilities on publicly-owned land, no new public
community or utilitv 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 supermaiority of the Board of County
Commissioners.
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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 subiect to this policy.
Section 22. Delete Policy 101.13.3.
Policy 101.13.3
As part of the first annual review of the Point System, an applicant in the Residential
Permit ,'\.llocation System shall be G:\yarded eith61 one unit for each one development
right transferred from an eligible sender site to an eligible receiv61 site (through the use
of Transferable Development Rights or TDRs), or positive points in the Point System
(through the uses of Potential Development Credits or PDes).
If the applicant opts to receive PDCs, the applicant 'l-'ould receive positive points for
transferring development rights away from a sender site to an eligible receiver site. By
using this option, the applicant ''vould forfeit the right to develop any additional units that
'.'-,ould be grunted for TORs.
Section 23. Renumber and amend Policy 101.13.4 as follows:
Policy 101.13.4 101.13.3
Transferable Development Rights may be used ....ithin the Residential Permit Allocation
Systom to increase density, subject to the limitations contained in the land development
regulations. The Maximum Net Density is the maximum density allowable with the use
of TORs, and shall not exceed the maximum densities established in this plan. Density
The transf~rs assignment of TORs to Big Pine Key, No Name Key, and North Key Largo
from other areas of the County shall be prohibited.
Section 24. Delete Policy 101.13.5.
Petie)' HH.13.5
As part of the first annual reviev/ of the Point System, positive points, or "Potential
Development Credits" (PDCs) shall be u',varded for applications proposing non
residential development ',yhich v.'ill transfer de'.'elopment rights away from eligible sender
sites to eligible receiver sites. POCs shall be awarded to commercial projects for TORs
transf-erred from either residontial or commercial zones.
Section 25. Amend and renumber Policy 101,13.6 as follows:
Policy HH.13.61 01.13.4
In conjunction with the first annual re'lie'"" of the Point System evaluation of the existing
TOR program pursuant to Policy 101.13.2, parcels within the tollowing habitats and land
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use districts shall be designated as sender sites for Transferable Development Rights
(TDRs) and Potential Development Credits (PDCs):
Any parcel within these zoning categories:
Offshore Island (OS) Sparsely Settled (SS)
Main land Native (MN) Parks and Refuge (PR)
Native (NA) Conservation (C)
Habitat of the following tY'Pes 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 26. Delete Policy 101.13.7 and Policy 101.13.8.
Peliey HH.13.7
In conjunction ,,"ith the first annual review of the Point 8ystem, the follO\ving guidelines
shall be used to establish positive point awards in the Residential Permit Allocation
8ystem for each PDC:
8ender 8ite Reoei','6f Site
Freshwater wetland scarified, in UR
MU
IS
SR 8R (disturbed IUfld not
to include wetlands) least points
PDC Points
most points
Peliey HH.13.8
In conjunction with the tlrst annual review of the Point System, tho f:Ollo\'ling guidelines
shall be used to establish point awards in the Non residential Permit ,^.llocation System
for each PDC:
8onde'! Site Recei'v'ef 8ite
Freshwater ',vetland
SC
MU
POC Points
UC
most points
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SR
SC or MU
least points
Section 27. Amend and renumber Policy 101.13.9 as follows:
Policy HH.13.9 101.13.5
No later than one year from the effective date of this plan, In conjunction with the
evaluation of the TDR pro~Jfam 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 Policies
101.13.6 through 101.13.9 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 stafl and public for use in the development
reVIeW process.
Section 28. 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;
3. to reduce disturbances to terrestrial wildlife resources areas;
4. to reduce impacts of new development on ground'Nater and nearshore waters;
5. to protect environmentally sensitive lands appropriate 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:
~1. to ensure that the ecological integrity of natural areas is protected when land is
developed; and
e-:..!1. 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 penuits, shall assign negative and/or positive points to development applications--00se6
~that help to achieve the above environmental protection goals.
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1. the occurrence of natural resources or natural hazards; and/or
2. proposed utilization of best management practices for wastewator treatment and
disposal \\'hich ",,,ill avoid or mitigate the adverse impacts of de'/elopment on natural
resources, particularly 'Nater 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]
Section 29. 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 30. 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.
Section 31. This ordinance shall be filed in the Office ofthe 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.
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Section 32. This ordinance shall be transmitted by the Planning and Environmental
Resources Department to the Florida Department of Community Affairs in accordance with the
requirements of9J-l 1.006, Florida Administrative 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 Tern Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
Commissioner Murray E. Nelson
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY:
Mayor/Chairperson
(SEAL)
MONAOE COUNTY ATTORNEY
. j<PPROVEQ A,~ TO "FqRII.,: '
f"~i;l 'lid, 7<;'/{j/ ~~.~l /:.
ATTEST: DANNYL KOLHAGE, Clerk
100la:
BY:
Deputy Clerk
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