Loading...
Item B4 L BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 22. 2005 Division: Growth Management Bulk Item: Yes - No ..x....- Department: Planning Staff Contact Person: K. Marlene Conawav AGENDA ITEM WORDING: The second of two public hearing to consider adopting 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 Ordinance (NROGO) to utilize the Tier Overlay as the basis for the competitive point system, and deleting, revising, and adding policies, objectives and requirements for the implementation of Goal 105 of the 2010 Comprehensive Plan and Rule 28-20.100, F.A.C. ITEM BACKGROUND: On June 14, 2005, the Board of County Commissioners adopted a DCA Transmittal Resolution submitting the draft ordinance amending various Comprehensive Plan objectives and policies to revise the existing ROGOINROGO systems to implement the Goal 105/Tier system. Since transmittal of the ordinance, the Board of County Commissioners, upon the request of the Governor and Cabinet, approved on August 17, 2005 an "Action Plan", which was shared with DCA staff Although the County has not formally received review comments from DCA at the time of this writing, the staff believes that the revisions to the draft ordinance address the concerns of the DCA staff. A copy of DCA's report will be provided as soon as it is available. The staff report contains a summary of the significant changes, particularly those required to meet the concerns of the DCA and Governor and Cabinet. PREVIOUS RELEVANT BOCC ACTION: The BOCC adopted Resolution No. 172(a) -2005 transmitting the draft ordinance amending the 2010 Comprehensive Plant 0 DCA for review and comment. CONTRACT/AGREEMENT CHANGES: '<- N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes No - - COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH_ Year - APPROVED BY: County Atty ..L DIVISION DIRECTOR APPROVAL: cGarry, AICP DOCUMENT A TION: Included X DISPOSITION: AGENDA ITEM #~ BOCC ORDINANCE 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 ENVIRONMENTAL RESOURCES DEPARTMENT TO TRANSMIT A COPY OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the 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 (LDR) and Comprehensive Plan amendments to strengthen the protection of terrestrial habitat; and WHEREAS, the Florida Keys Carrying Capacity Study (FKCCS), completed in September 2002, sets out guidelines that, inter alia, would direct future development away from "native habitat," and into "areas ripe for redevelopment or already disturbed"; and WHEREAS, Florida Statute 163.3177(6)(a) requires the adoption and implementation of a future land use element which designates future general distribution, location, and extent of lands used for conservation purposes; and WHEREAS, Goal 105 of the 2010 Comprehensive Plan, "Smart Growth," was adopted by the Board of County Commissioners in 2001 to comply with the statutory mandate, to J:\DOCUMENT\Goal105 - Adopt\rogo-nrogo-105compord-d.doc Page 1 of 26 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 WHEREAS, Objective 105.2 of the 2010 Comprehensive Plan, pursuant to the Rule 28- 20.100, F.A.C. mandate, directs the County to map and designate land within the Florida Keys in order to protect environmentally sensitive lands; and WHEREAS, the Monroe County Board of County Commissioners directed staff to prepare text and map amendments in Ordinance No. 018-2004 adopted June 16,2004, to include: Tier Overlay Map designations in accordance with Goal 105; revisions to ROGO and NROGO based on the Tier system utilizing a positive approach that predominately relies on land dedication and aggregation; and revisions to the environmental regulations based on the Tier system rather than the existing Habitat Evaluation Index; and WHEREAS, Goal 105 provides a framework for future development and land acquisition for the next 20 years that considers the carrying capacity of the Florida Keys, reduces sprawl and promotes sustainability; and WHEREAS, Tier Maps were developed following the criteria in Goal 105, utilizing computer mapping (GIS), identifying areas appropriate for additional development and those which are important environmentally and should be preserved; and WHEREAS, the boundaries for the Tier Maps were drawn using environmental and development information and digital data from the Florida Keys Carrying Capacity Study (FKCCS), the Planning Department and the Property Appraisers Office and refined through site visits by the County Biologists and Planners; and WHEREAS, 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 Tier I areas to identify the best and most important terrestrial habitat areas for preservation; and WHEREAS, Tier I includes all contiguous tropical hardwood hammock areas above four acres and restoration areas between fragmented smaller hammock patches to increase the hammock size and buffers where possible; and, WHEREAS, Tier II areas are only designated for Big Pine Key and No Name Key and, along with the Tier I and III 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, the majority of Tier III is appropriate for additional infill development because of the location and amount of existing development in the areas designated; and WHEREAS, the proposed ROGO is a positive system, awarding major points for the Tier location of property; and J :\DOCUMENT\Goal 105 - Adopt\rogo-nrogo-I05compord-d.doc Page 2 of 26 WHEREAS, additional points may be gained in Tier II (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 CommuniKeys 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 WHEREAS, in response to a BOCC directive the points for lot dedication were modified to award a point for each 5,000 square feet of a Suburban Residential (SR) platted lot, to award four points for each Improved Subdivision (IS), Urban Residential Mobile Home (URM) and Commercial Fishing Village (CFV) platted lot, and one point for each unbuildable platted Suburban Residential (SR) lot, reflecting the comparative buildability of these lots; 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 floor area which include employee housing as part of the development plan will receive up to four additional points in NROGO; and WHEREAS, the Planning CommissioIl, 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 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 2010 Comprehensive Plan to utilize the Tier overlay maps as the basis for the competitive ROGO and NROGO point systems, limiting development of public facilities to Tier II and Tier III, and exempting affordable and employee housing from the competitive system; and J:\DOCUMENT\Goall05 - Adopt\rogo-nrogo-l05compord-d.doc Page 3 of 26 WHEREAS, the Board of County Commissioners approved revisions to the proposed amendments that changed the ROGO scoring of Tier I designated areas outside of Big Pine Key and No Name Key, to "+10" points to address legal concerns regarding property rights and 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 approved a Resolution to transmit the comprehensive plan amendments to the Florida Department of Community Affairs (DCA); and, WHEREAS, the Board of County Commissioners approved in concept revisions to the habitat protection elements of the proposed amendments on August 17, 2005, in response to concerns raised by the Governor and Cabinet and negotiations with the DCA staff; and WHEREAS, the DCA responded to the County transmittal on September 6, 2005, in an Objection, Recommendations, and Comment report prepared pursuant to Rule 9J-l1.01O; and WHEREAS, during a public hearing on September 22, 2005, the Board of County Commissioners reviewed the DCA report, the staff report and response to the DCA report, and revised amendments to the 2010 Comprehensive Plan prepared by staff in response to the DCA report and the direction of the Board; and WHEREAS, the Board of County Commissioners approved amendments to this ordinance prepared "by staff in response to the DCA report and Board direction establishing a Special Protection Area designation within Tier III for any tropical hardwood hammock or pinelands of one acre or greater in area and requiring that only +20 points be awarded to ROGO applications and + 10 points be awarded to NROGO applications for new non-residential development that propose the clearing of any portion of a tropical hardwood hammock or pinelands within a Tier In Special Protection Area; 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: D:\rogo-nrogo-105compord-d.doc Page 4 of 26 a. the fl\:HRBeI' €If permits fer flew residefltial \:lIl:its issliea aanag the pr67/ie1:lS year, ifleluwBg permits whieR aia flet resatt iB eOHij:lletea 1:lflits er aetive progress te'.vams SlieR eel'l'lpletiefl as aefiH:ea BY the Land De':elepmeftt RegHlatiefls; ana b. applieatiofl of the 1:lf>dated tr8:flspertatioB model €If the Le'.vel' 8emaeast Flenda Hl:HTi.ean.e Evaetiatiefl Stady 07/ery Rye years er '.WleR warraflted by iHij:llementatioR of roaG'l.'ay eapaeity iHij:lroYemeftts, fle\V Beaa',ief81 data, er sliBst8:fltial eR8:flges iR d(:)':elepmeftt patterns (see CeflservatieR 8ftd Coastal M8:flagemem: Element Peliey 216.1.5); a. expired allocations and building permits in l'revious year: b. allocations available. but not allocated in previous vear: c. number of allocations borrowed from future Quarters: d. vested allocations: e. modifications required or provided bv this plan or agreement pursuant to Chapter 380. Florida Statutes: and f. receipt or transfer of affordable housing allocations bv intergovernmental agreement: aaa 2. allocation of siBgle an.d :t'l'N:llti family l::lftit types affordable and market rate housing units in accordance with Policy 10 1.2.4; ~ 3. timing of the acceptance of applications. evaluation of applications. and issuance of permits for new residential d~velopment during the calendar year. Section 2. Amend Policy 101.2.4 as follows: Policy 101.2.4 Momoe County shall allocate at least 20 percent of residential (non-transient) growth to affordable housing units as part of the Pennit Allocation System. Any portion of the 20 percent allocation not used for affordable housing shall be retained and be made available for affordable housing from ROGO year to ROGO year. Affordable housing eligible for this separate allocation ffiHSt shall meet the criteria specified in Policy 601.1.7" _ but shall not be subiect to the comnetitive Residential Pennit Allocation and Point SYStem in Policy 101.5.4. The parcel proposed for affordable housing devel9Jm'l6H:t shall not be located in aR aetl1:1isit:ieR lfiEl aRd shaR Bet (j\iBJify fur BegBW{e peints aeooF6ing tel h eriteria speeifiea l:Ifltier Habitat PfflteetieB anti ~ er BBElangeRXi i\nimal 8peeies in Poliey 101.5. 4; ReVle\'ef, propeFt:ies desigaatetl R.esitleRtiaI High. sh.aR Be eKempte8 ifem. this pFehiBitieR. within an area designated as TIer I as set forth under Goal 105 or within a TIer ill Soocial Protection Area as set forth in Policy 205.1.1. J :\DOCUMENT\Goall 05 - Adopt\rogo-nrogo-105compord-d.doc Page 5 of 26 Section 3. Amend Policy 101.3.1 as follows: Policy 101.3.1 Monroe County shall maintain a balance between residential and non-residential growth by limiting the gFeSS square footage of non-residential development ever the 15 year pl8fH.'l.iRg aonzeR ifl. order to maintain a ratio of approximately 239 square feet of new non-residential development for each new residential unit permitted through the Residential Permit Allocation System. This ratio may be modified from time to time through amendments to the land development regulations based upon market and other relevant studies as reauired by policv 101.3.5. The mtio fer eemmereial alleeatioR sliall be revisea apOR eempletioR ef the eeoftelflie BaseliRe aBalysis reflt1irea BY petiey 101.3.5 '.vfliek shall Be ee1'l'iflletea no later t.flaB J 8ffilary 4, 1997. The commercial allocation allowed by this policy shall be uniformly distributed ev:er t.fle 15 year plar.n.ing henzeR on an annual basis. consistent with the Residential Permit Allocation System as set forth in Policy 101.2.1. \lfithiR ORe year of the effeetive aate ef this plan, MefH'-ee Ce\iftty shall amend this poliey te speeify the 8:I1Fll:lal allo'o':able SEJ.1:18f0 feetage Booea apeR the ~er of resiaentiall:lflits allewea BY year 1:lsing the Fatio set forth iR this peliey. Section 4. Amend Policy 101.3.3 as follows: Policy 101.3.3 The Permit Allocation System for new non-residential (NROGO) development shall specify procedures for: 1. the annual adjustment of the square footage allocated for ef new non- residential development to be permitted during the next year based upon.1 but not limited to: a) the square footage ef allocated for new non-residential development e01'l'iflletea that expired during the previous year; b) striet reg1:11atioRs regar-aing ee1'l'iflletieB seA.eaules ef pellBitted aetivities shall Be delYfelopea and 0flforeea to preell:lae repeatea renewal ef expirea fJerm.its; ana b) the amount of square footage available for allocations but not allocated in previous vear: c) modifications reauired or provided bv this plan: and. d) receiDt or transfer of floor area by intergovernmental agreement. 2. maintaining a ratio of approximately 239 square feet of new non- residential development for each new residential unit permitted through the Permit Allocation System. as mav be amended from time to time in accordance with Policv 101.3.1; and, J:\DOCUMENT\Goal105 - Adopt\rogo-nrogo-105compord-d.doc Page 6 of 26 3. timing of the acceptance of applications. evaluation of applications. and issuance of permits for new non-residential development during the calendar year. Section 5. Amend Policy 101.3.4 as follows: Policy 101.3.4 Public facilities shall be exempted from the requirements of the Permit Allocation System for new non-residential development Exceot within TIer I designated areas __ oursuant to Goal 1 05 or within a desimlated TIer ill Snecial Protection Area oursuant to Policy 205.1.1.~ development activity by federally tax-exempt not-for-profit educational, scientific, health, religious, social, cultural, and recreational organizations may be exempted from the Permit Allocation System by the Board of County Commissioners after review by the Planning Commission upon a finding that such activity will predominately serve the County's non-transient population. All public and institutional uses that predominately serve the County's non-transient population and which house temporary residents shall be included in the Permit Allocation System for residential development, except upon factual demonstration that such transient occupancy is of such a nature so as not to adversely impact the hurricane evacuation clearance time of Monroe County. Section 6. Amend Policy 101.3.5 as follows: Policy 101.3.5 By JaIR:lary 4, 1998 Julv 2005. Monroe County shall complete ~ an eeeBemie base analysis market demand analysis and economic assessment iB eraer to determine the demand for future non-residential development in Monroe County and planning sub- areas. The non-residential development allocation and Future Land Use Map (FLUM) designations for non-residential uses shall ee mav be revised based upon the results of this study, and other relevant volicy and economic studies and data and provide the basis for preparing soecific amendments to the comprehensive olan to incorporate goals. obiectives and oolicies on economic development including tourism. The eeoBomie ease analysis will address existing non-residential uses, vacancy rates, economic trends and demand for non-residential uses by planning sub-area. Section 7. Amend Policy 101.4.21 by adding (i) under "Notes" in the table entitled "Future Land Use Densities and Intensities" that reads as follows: (i) The MaximlU11 Net Densitv is the maximlU11 density allowable with the use of TDRs. Section 8. Amend Objective 101.5 as follows: Objective 101.5 Monroe County shall implement a Point System based primarily on the Tier svstem of land classification in accordance with Goal 105, which directs future growth in order to: 1. encourage the redevelopment and renewal of blighted areas [9J-5.006(3)(b)2]; 2. maintain and enhance the character of the community [9J-5.006(3)(b)3]; J:\DOCUMENT\Goall05 - Adopt\rogo-nrogo-105compord-d.doc Page 7 of 26 3. protect natural resources [9J-5.006(3)(b)4]; 4. encourage a compact pattern of development [9J-5.006(3)(b)7]; tl:ftEi 5. encourage the development of affordable housing; and, 6. encourage development in areas served bv central wastewater treatment systems. Section 9. Amend Policy 101.5.1 as follows: Policy 101.5.1 By Jamiary 4, 1997, Monroe County shall adopt through its land development regulations a new Point System for residential (ROGO) and non-residential (NROGO) development to replace the existing Point Svstem bv no later than Julv 1. 2005. Except for affordable housing. this Point Svstem. as set forth in Policy 101.5.4 for residential development and Policv 101.5.5 for non-residential development. wIHeft shall be used as a basis for selecting the development applications which are to be issued permits through the Permit Allocation System pursuant to Policv 101.5.4 and Policy 101.5.5 (see Paliey HH.2.1). For market rate housing units or non-residential development to be awarded allocations under the Permit Allocation Svstem. :the Point System shall specify positive point factors which shall be considered as assets and shall specify negative point factors which shall be considered as liabilities in the evaluation of applications for new residential and non-residential development. Section 10. Amend Policy 101.5.2 as follows: Policy 101.5.2 In order to encourage a compact form of residential growth, tRe Point System. shall aooiga pesitF;e poiftt mangs to awlieaaens fer :R0V1 Fefli(:}eftaal Qe.velopm.eat vADeR 'llOald that resu1~ in infi11 development in platted, improved subdivisions . the Point System shall be orimarilv based on the Tier system ofland classification as set forth under Goal 105. To discourage and limit finther growth in Tier I designated areas. the annual maximum number of residential oennit allocations that mav be awarded in Tier I shall be no more three (3) in each of the two Residential Permit Allocation planning areas established bv the Land Develooment Regulations. [9J-5.006(3X c) 1 and 6] Section 11. Amend Policy 101.5.3 as follows: Policy 101.5.3 In order to encourage a compact form of non-residential growth, the Permit Allocation System shall limit and direct tHe RmeQHt ef new non-residential development Drimarilv to areas designated as Tier III under Goal 105 not located within a desimated SDecial Protection Area and provide incentives for redevelopment of existing developed and vacant infill sites. (See Policy 101.3.1.) [9J-5.006(3)(c)l] Section 12. 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 J:\DOCUMENT\GoaII05 - Adopt\rogo-nrogo-l05compord-d.doc Page 8 of 26 classification as set forth under Goal 105. The points are intended to be applied cumulatively. 1. Tier Designation - Utilizing the Tier System for land classification in Policy 105.2.1, the following points shall be assigned to allocation applications for proposed dwelling units in a manner that encourages development of infill in predominately developed areas with existing infrastructure and few sensitive environmental features and discourages development in areas with environmentally sensitive upland habitat which must be acquired or development rights retired for resource conservation and protection. Point Assignment: Criteria: +10 Proposes a dwelling unit within areas designated Tier I [Natural Area]. +10 Proposes development within areas designated Tier II [Transition and Sprawl Reduction Area on Big Pine ~ or No Name Key.] +20 Proposes development within areas designated Tier III [Infill Area] on Big Pine ~or No ~ Name Key. ~ Pronoses develonment within areas desimated Tier III rInfill Areal outside ofBil! Pine Kev or No Name Kev that will result in the clearim! of unland native vel!etation within a Snecial Protection Area. +30 Proposes development within areas designated Tier III [Infill Area] outside of Big Pine ~orNoNameKey J:\DOCUMENT\GoalI05 - Adopt\rogo-nrogo-I05compord-d.doc Page 9 of 26 that will not result in the c1earinl! of anv unland native vel!etation within a Snecial Protection ~ 2. Big Pine and No Name Keys - The following negative points shall be cumulatively assigned to allocation applications for proposed dwellings to implement the Big Pine Key and No Name Key Habitat Conservation Plan and the Livable CommuniKeys Community Master Plan. Point Assiwzment: Criteria: -10 Proposes development on No Name Key. -10 Proposes development in designated Lower Keys Marsh Rabbit habitat or buffer areas as designated in the Community Master Plan. -10 Proposes development in Key Deer Corridor as designated in the Community Master Plan. 3. Lot Aggregation - The following points shall be assigned to allocation applications to encourage the voluntary reduction of density through aggregation of legally platted buildable lots within Tier II and Tier III areas. Point Assimment: Criteria: +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 specified. * J:\DOCUMENf\GoalI05 - Adopt\rogo-nrogo-105compord-d.doc Page 10 of26 * Exception: No noints for IQt al!lrrel!ation will be awarded for anv nronosed develonment that involves the c1earinl! of anv unland native vel!etation in a Tier III Snecial Protection Area. 4. Land Dedication - The following points shall be assigned to allocation applications to encourage, the voluntary dedication of vacant, buildable land within Tier I and Tier II (Big Pine Key and No Name Key)designated areas and Tier III Snecial Protection Areas &8.8 BBftatll IBg8n~' "IMtB8 lsta 8118 llllf'lattB8 "Mula ill ~ tkM Me sf illallilieieM ais8 ts 88 81ti18a818 for the purposes of conservation, resource protection, restoration or density reduction and, if located in Tier III outside of Snecial Protection Areas, for the purpose of providing land for affordable housing where appropriate. Point Assignment: Criteria: +4 Proposes dedication to Monroe County of one vacant, legally platted lot of sufficient minimum lot size and upland area to be buildable. Each -~ additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. + 1 for each 5,000 square feet oflot size Proposes dedication to Monroe County of a vacant, legally platted lot of 5,000 square feet or more in size, designated as Residential Low with a maximum net density within a Tier I area and containing sufficient upland area J:\DOCUMENT\GoalI05 - Adopt\rogo-nrogo-105compord-d.doc Page 11 of26 to be buildable. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. +0.5 Proposes dedication to Monroe County of one (1) vacant, legally platted lot of at least 5,000 square feet in size within a Tier I area, designated as Residential Conservation, or Residential Low with no maximum net density, containing sufficient upland to be buildable. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. +4 Proposes dedication to Monroe County of at least one (1) acre of vacant, unplatted land located within a Tier I area containing sufficient upland to be buildable. Each additional one (1) acre of vacant, unplatted land that meets the aforementioned requirements will earn points as specified. 5. Market Rate Housing in Employee or Affordable Housing Project- The following points shall be assigned to allocation applications for market rate housing units in an employee or affordable housing project: J:\DOCUMENT\GoalI05 - Adopt\rogo-nrogo-105compord-d.doc Page 12 of26 Point Assignment: Criteria: +6 Proposes a market rate housing unit which is part of an affordable or employee housing project; both affordable and employee housing shall meet the policy guidelines for income 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 unites) to provide a disincentive for locating within certain coastal high flood hazard areas: Point Assignment: Criteria: -4 Proposes development within "V" zones on the FEMA flood insurance rate maps. -'f 7. Central Wastewater System Availability - The following points shall be assigned to allocation applications: Point Assignment: Criteria: +4 Proposes development required to be connected to a central wastewater treatment system that meets the BAT I A WT treatment standards established by Florida Legislature and Policy 901.1.1. J:\DOCUMENT\GoaII05 - Adopt\rogo-nrogo-105compord-d.doc Page 13 of 26 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 I. 9. Perseverance Points - One (1) point shall be awarded for each year that the allocation application remains in the allocation system up to a maximum accumulation of four (4) points. Section 13. 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 System for land classification in Policy 105.2.1, the following points shall be assigned to allocation applications for proposed non-residential development in a manner that encourages development of infill in predominately developed areas with existing infrastructure, commercial concentrations, and few sensitive environmental features, and discourages development in areas with environmentally sensitive upland habitat, which must be acquired or development rights retired for resource conservation and protection: Point Assignment: Criteria: 0 Proposes non-residential development within an area designated Tier I [Natural Area], except for the expansion of lawfully established non-residential development provided under "exception" below. fl-I0 Proposes non-residential development within an area designated Tier II [Transition and Sprawl Reduction Area on Big Pine Key and No Name Key]. +10 Pronoses non-residential develonment that will result in the clearinlZ of anv unland native velZetation within a Snecial Protection ~ +20 Proposes non-residential development within an area designated Tier In [Infill Area]. Exception: J :\DOCUMENT\Goal 105 - Adopt\rogo-nrogo-l 05compord-d.doc Page 14 of26 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 existing use is located. 2. Intensity Reduction. The following points shall be assigned to allocation applications to encourage the voluntary reduction of intensity: Point Assignment: Criteria: +4 An application proposes development that reduces the permitted floor area ratio (FAR) to twenty three percent (23 %) or less. 3. Land Dedication - The following points shall be assigned to allocation applications to encourage, the voluntary dedication of vacant, buildable land within Tier I and Tier II (Big Pine Key and No Name Key)designated areas and Tier III SDecial Protection Areas Em8 eeFtMIl legally I'I8tte8 leta 8118 ltRI'lMt88 I'lWeela ill Tier I .. &1'8 ef illBtlifieiellt ail2!e te ~e ~"iI8a~le for the purposes of conservation, resource protection, restoration or density reduction and, if located in Tier III outside of SDecial Protection Areas, for the purpose of providing land for affordable housing where appropriate. Point Assignment: Criteria: +-4 Proposes dedication to Monroe County of one (1) vacant, legally platted lot of sufficient minimum Idt size and upland area to be buildable. Each additional vacant, legally platted, buildable lot which is dedicated that meets the aforementioned requirements will earn the additional points as specified. + 1 per 5,000 square Proposes dedication to Monroe County of a feet of lot area vacant legally platted lot of five thousand (5,000) square feet or more in size, designated as Residential Low with maximum net density within a Tier I area and containing sufficient upland to be buildable. Each additional vacant, legally platted lot, that meets the aforementioned requirements will earn points as specified. +0.5 Proposes dedication to Monroe County of one (1) vacant, legally platted lot of five thousand (5,000) square feet or more within a Tier I area J :\DOCUMENT\Goal 105 - Adopt\rogo-nrogo-105compord-d.doc Page 15 of26 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 Assignment: Criteria: -4 Proposes development within a "V" zone on the FEMA Flood Insurance Rate Map. 5. Perseverance Points - One (1) or two (2) points shall be awarded for each year that the allocation application remains in the system. 6. Highway Access - The following points shall be assigned to allocation applications to encourage connections between commercial uses and reduction of the need for trips and access onto U.S. Highway 1: Point Assignment: Criteria: +3 The development eliminates an existing driveway or access-way to U.S. Highway 1. +2 The development provides no new driveway or access-way to U.S. Highway 1. 7. Landscaping and Water Conservation - The following points shall be assigned to allocation applications to encourage the planting of native vegetation and promote water conservation: Point Assignment: Criteria: +3 The project provides a total of two hundred percent (200%) of the number of native landscape plants on its property than the number of native landscape plants required by J:\DOCUMENT\Goal105 - Adopt\rogo-nrogo-105compord-d.doc Page 16 of26 this chapter within landscaped bufferyards and parking areas. +1 Twenty-five percent (25%) of the native plants provided to achieve the three (3) point award above or provided to meet the landscaped bufferyard and parking area requirements of this chapter are listed as threatened or endangered plants native to the Florida Keys. +2 Project landscaping IS designed for water conservation such as use of one hundred percent (100%) native plants for vegetation, collection and direction of rainfall to landscaped areas, or the application of re-used wastewater or treated seawater for watering landscape plants. 8. Central Wastewater System Availability - The following points shall be assigned to allocation applications: Point Assignment: Criteria: +4 Proposes development required to be connected to a central wastewater treatment system that meets the BA T/ 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: Point AssiJ[nment: 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 for the purchase of lands for conservation, and retirement of development rights. The J:\DOCUMENT\GoalI05 - Adopt\rogo-nrogo-105compord-d.doc Page 17 of26 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 ISIURM zoned, platted lots in Tier I. 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 te ada, aelete or aajl:lst pesiti':e 8:ftd aegative faeters based on new studies and data in a manner that is consistent with and furthers the goals. policies. and obiectives of this plan. .'.vflieh may 8e idefltifiea 8Y smaies prefJarea as part ef the i~lemetltatioa ef t.he Goals, OBjeetiyes and Pelieies ef t.he Co~reheasive Plan. Sueh adjl:lstHieats to t.he Poiftt Systems shaH resa-lt ia aHleaamems te t.he Cemprefteasi'.'e Plan 8fl.a/or lana ae'lelepmeftt regulatieas as apflrepriate. These smaies iaell:lae, 8at are aet limitea to: 1. t.ae SaRita!)' 'HasteY/ater Master Plan (see Sanitary \Vastewater Objeetive 901.4 ana relatea pelieies); 2. t.he Stom.:r:/ater M8fl.agemeftt Master Plan (see Draiaage Objeeti'le 1001.3 ana relatea pelieies); 3. t.he Floriaa Keys Natioaal Mariae S8fl.emary M8fl.agemeftt PI8fl.; 4. speeial stl:laies l:lfJ.dertakea as part of t.ae Floriaa Keys N atieaal Mariae S8fl.etl:lary 'Vater Ql:lality Proteetiea Pregram (see Ceaservatiea ana Ceastal Managemeat 09jeetive 202.1 aaa relatea pelieies); 5. t.he Live }..-eoam Smay (see CeaservatieR 8fl.a Ceastal Managemeftt Objeetive 202. 4 8fl.a relatea pelieies); 6. the Flerida Keys .^~a':8fl.ee Iaeatifieatioa ef 'Netlafl:ds V~DID) Pregram (see Ceaservatiea ana Ceastal Managemeftt Oejeetive 204.1 8fl.a relatea pelieies); Section 15. Delete Policy 101.5.7 and 101.5.8. Paliey 191.S.7 .^~s part ef t.he first Br.fH:lal re\1e':1 ef t.ae Resiaeatial 8fl.d Noa resiaefltial Peiat Systems, additieaal eriteria may 8e iaell:laea Sl:left as: 1. North Key Large Negative poiftts may 8e assigaea fer ae':elepmeat prepesea '.vit.ain t.hat POrtiOR ef Key Largo loeatea 8etweea the jl:U1etiea ef State Read 905 ana U.S. High'lIay 1 8fl.a the Dade C01:lllty 8euaaary at .^JIgelfisB Creek. 2. Trame Capaeity ..^..s part ef the Brst BflIll:lal Fe\1eW ef t.he Resiaeatial ana Noa resiaefttial Peiat System, pesiti':e peiats may 8e assigaea :fer aeyelepmeftt served J:\DOCUMENT\GoalI05 - Adopt\rogo-nrogo-105compord-d.doc Page 18 of26 by US 1 segH'lents \vl1ieh ha':e s\il'f)lus eapaeity. 'Negative peints shall be assigaea for aevelopmeat served by US I segmeats '.vl1ieh hfP:e margiaal eapaeity. 3. O:tlBkere IslaaGs Negative peiats may Be assigaea te aeyelopmems en effshore islands. 4. Censervation Lands N egati'/e peints may Be assigaea to a61:elepmem:s vAlieI:1 may iB'lflaet desigaated or preposed eenservation lanas. 5. DisturBea Saltmarsh aaa ButtowNeea VI etlaaas }oJ egath'e peiats may Be assigaea te aevelepmoots wh.ieh re€ftiire the plaeemem: ef fill er stniemr.es iB disturBed saltmarsk and bl:lttew.veod '.':etlanas. ~. Histerie Rese1:lfees Negative points may Be assigaea te develepmem:s wRieI:1 remove or destfey histerie er arehaeelegieal resetifees. Pesitive peiats may Be assigaea te develepmeats wllieI:1 restere er eahanee histerie er arehaeelegieal rese1:lfees. 7. Petem:ial Develepmoot Creaits (PDCs) An applieant FRay haye tHe eption. of reeeiving pesith'e poiats, ealled Potem:ial Develepmem: Credits (PDCs), fur tr8flSfeffi.Bg aevelopmeBt riglHs away Hem a seaaer site fur develepHiem: preflesed en an eligiBle reeeiv6r site, as speeifiea in Objeetive 101.13 and relatea pelieies. PaYey 101.S.8 The Resiaeatial Permit i\lloeatien Ordinaaee shall Be amenaea to fP.vam a graa1:1atea seale ef pesitiye peiats te dwelling l:lftits '.'.'l1ieR are propesea fur lets v/itHin legally platted, reeer-aea s\:lBah'isieBs, vA1ieh are servea BY eKisting infFastruetare, iBel1:1aiHg at a minim1:1Hi petaBle water, eleetrieity ana payea reaaways. MaJliHN:UB poiats skall Be aw8:ftled fer these prejeets propesea v:ithiB plattea s1:1Bahisiens ';:l1ieI:1 are €i7% to 100% built out; fewer points vlill Be fPNaraed fer prejeets prepesea for St:lBah'isieas 33% €i7% built elit; ana miniHmm peiats shall Be fPN8:ftlea fer projeets prepesea fur St:lBai'.1sieas 0 33% Bailt elit. The pereeatage ef B1:1iM elit shall Be Basea l:lfIOR l:lfIdatea, aeetifa.te aN frem tHe Cel:lflty's Geegraphie lRfermatieB System (GIS). The OFtlinaaee shall Be amended ......4um the pertineat infurmatien is reaeily ayailaBle en the Cel:lflty's GIS. Section 16. Renumber and amend Policy 101.5.9 as follows: Policy 101.S.9101.5.7 Monroe County shall allow for the development of residential multi family projects with multiple units within the Permit Allocation System. If a project ranks high enough in the Point System for a portion of the development to receive an allocation award, but the project includes more units than are available during an allocation period, the entire project may receive allocation awards if the excess allocation is reduced from the next allocation period(s). M1:11ti family affertla1:Jle he\:lsin.g er elaerly he\:lsin.g projeets shall1:Je giveR prierity. J:\DOCUMENT\GoalI05 - Adopt\rogo-nrogo-105compord-d.doc Page 19 of26 Section 17. Renumber and amend Policy 101.5.10 as follows: Policy UH.S.I0I01.5.8 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, camoground/recreational vehicle spaces and/or mobile homes to another site in the same ROGO sub-area, provided that they are lawfully existing and can be accounted for in the County's hurricane evacuation model. In addition, the fteW receiver site ':,euld Bet be eligible fer lHlY aegative eFl-vireIHHefltal poiftts lifld0f ROGa ':;itft the exeefltieR sf tftese ~feflerties designated ResideRtial HigH.. shall be located within a Tier III area outside a desil!l1ated Soecial Protection Area and for a receiver site on Big Pine Kev and No Name Kev. the sending site shall also be located on one of those two islands. meR a 1H1:l1tifJ1e family he1:lsiag deYel()~meftt milizes a TRE, lHl)' ether 1:lIlits ia that same ~Fejeet t.fiat are permitted thfe1:lgh the RaGa pr'<Jeess may be eligible fer miaor ~ositiYe ~oiats eft a oae for efte 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 or a Tier III Soecial Protection Area, such scoring assignment 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 acauisition agencv 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 Policv 101.6.5, if the property owner meets the following conditions: 1. they have been denied an allocation award for four successive years in the Permit Alloeatioa System; Residential (ROGO) or Non-residential (NROGO) Permit Allocation Svstem: 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 i\lleeafiea System. Residential or Non-residential Permit Allocation Svstem; and J:\DOCUMENT\Goal105 - Adopt\rogo-nrogo-l05compord-d.doc Page 20 of 26 5. they follow the procedures for administrative relief contained in the D'.Y/elliag UBit Alleeation OrdialHlee. in the land development regulations. As used in this Policy, "minimum reasonable economic use" shall mean, as applied to any residentially zoned lot of record which was buildable immediately prior to the effective date of the Plan, no less than a single-family residence. "Fair market value" shall be an amount which is no less than ad valorem valuation in the Monroe County Real Property Tax Roll for the year 1992. Section 20. Delete Policy 101. 6.5 and Policy 101.6.6 and create new Policy 101.6.5 that reads as follows: PaYer 191.(;.S Memoe CO\:lftty sftall af'.fI.l:lally eeR'lf)ile a list prieritiziag the 18:flas reEj:\:lestea for Ce1:lftty aeq1:lisitien d1:le te tHe Permit .^Jloeatien System. The 18:flas ef the preperty e'.Y1i'lefS .,{He meet the eriteria ifl Pelie}' 101.().1 SHall Be rankea aeeeraing to: 1. tke elwirenmefttal sensitivity of tHe vegetative HaBitat, marine reSONf'ees, lHla iR'lf)aets to the Ej:\:lality of near SHere watefS as speeifiea by the ranking in tke ERYliroflfBeftt:al Desiga Criteria seetien ef the Lana Developmeftt: Regalations; 2. wfl.et.flef the prof'erty is in mewn, pFeBaBle, lHlaler petential habitat for ene er mer'El tm-eatened 8:fl€t/er enaangerea speeies, as inaieatea on tHe mest r'Eleeftt: Preteetea i\nimal MafJs; ana 3. '."{Rether ae'/elepmeftt on tHe property '.y:ill aavefsely iR'lf)aet s\:leeessfid fJFeteetien ana reeevery of tareatenea er eftaangerea sfJeeies, sMeH as aevelefJm.eftt: eft Big Pine Key, Ne Naffle Key, Ohie Key, 8:fld tJertfl Key Largo. * Those lanas eoasiaered m.est sensitive aeeoraing te tHe eem.binatieft ef(a), (9) ana (e) abe'le sftall Be ranked as tHe higliest fJrierity fer aeEj:\:lisitien. Palie~' 191.(;.(; 'Vflen eensiaering the aeq1:lisitiel'l. ef lanas aeniea B1:1iIaiag permit alleeatiens thfeagk the Permit .^Jleeatiel'l. System., Memee Cel:lnty SHall Base tHe ae(;}\:lisitien aeeisiel'l. 1:lpSl'I. the eflvireflfBentally sensitiYity ranking ~eei:fiea in Petiey 191.6.5 Policy 101.6.5 Monroe County. the state. or other acauisition 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 101.6.1, if the subject permit is for development located within: 1. a designated Tier I area; J :\DOCUMENT\Goal 105 - Adopt\rogo-nrogo-105compord-d.doc Page 21 of26 2. 8M. llldMtl k8fJiBal Rartl-;:88tl R8.ffifB8BI[ 8fm8fB ~m 8R8 a8l8 iR silZl8 8r fJiR8lmtls Ra8itat 8utsitl8 8f l'i8f I a deshmated Tier III Soecial Protection Area; or, 3. a designated Tier III area on a non-waterfront lot suitable for affordable housing. Refusal of the purchase offer by a property owner shall not be grounds for the granting of a ROGO or NROGO allocation award. Section 21. Amend Policy 101.12.4 to read as follows: Policy 101.12.4 l.J.peR aaefltieR of tHe CompreheRsi';e 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 seleetea 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 CeRservatiea Lan.a Preteetiea Areas designated Tier I areas. Excellt for passive recreational facilities on oubliclv-owned land. no new public communitv or utilitv facilitv other than water distribution and sewer collection lines or pump/vacuum/lift stations shall be allowed within Tier I designated areas or Tier III Soecial Protection Area unless it can be accomplished without clearing of hammock or pinelands. Exceptions to this requirement mav be made to orotect the public health. safetv. and welfare. if all the following criteria are met: 1. No reasonable alternatives exist to the proposed location: and 2. The prooosed location is aooroved bv a supermaioritv of the Board of County Commissioners. The site of the Kev Largo Wastewater Treatment Facilitv (located at mile marker 100.5) with an allowed clearing of up to 4.2 acres shall not be subiect to this policv. J :\DOCUMENT\Goal 105 - Adopt\rogo-nrogo-105compord-d.doc Page 22 of 26 Section 22. Delete Policy 101.13.3. Policy 101.13.3 As part of the first alUR:lal re~.:ievl ef the Poiat SystefB, an applieant in the Resideatial Perm.it ,^Jleeatioll System shall be aWBfaea either ORe l::lfl.it for eaek eRe ae'/eleflmeat right tFansf-errea Hem an eligible sooaer site te an eligiele reeeiver site (thrSl:lgh the l:lse of Transferable D0'.:elepmoot Rights ar TDRs), er flesitive paiats iR tHe Peiat SystefB (thrOl:lgH tHe l:lses efPoteatial De':eleflmoot Creaits er PDCs). If tae aflfllieant opts to reeei'le PDCs, the B.flplieant ""lewa reeeiye pasitiye peiats for transfemng de'.:eleflmeat rights W:lB.)' Hem a sooaer site te afl eligihle reeeiver site. By using this efltiaR, the applieant wewa farfeit tae riglH ta aevelep any additieRaI wlits that wel:lld he gFafltea fer TDRs. Section 23. Renumber and amend Policy 101.13.4 as follows: Policy 191.13.4 101.13.3 TraflsferaBle Develepment Rights ma-y be l:lsed 'NithiR tHe Resiaootial Perm.it ,^..lleeatioR System ta iRerease aensity, sl:lhjeet to the limitatieas eaatainea in the lana a0'/elopmeftt reglllatieRs. The Maximum Net Density is the maximum density allowable with the use of TDRs, and shall not exceed the maximum densities established in this plan. Doosity The traflsfers assignment ofTDRs 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. Peliey 191.13.S As part ef the first lHll'Rial reyiew of the Poiat System, pesitive peiats, er "Pateatial Deyelepmeat Creaits" (PDCs) sftall~e B.WBfaea fer B.pplieatiens pmpesiag non residemial d0'.elopmeftt ':laiek 'Hill transfer aevelOflmeat rigHts W:lay frem eligible sooaer sites ta eligible reeei'ler sites. PDCs skall he wllBfeea te eemmereial flrejeets fer TDRs transferrea trem either resiaootial er eefBHlereial zeaes. Section 25. Amend and renumber Policy 101.13.6 as follows: Policy 191.13.'101.13.4 In conjunction with the first atlfRial r0'.:iew sf the Peiat 8ystefB evaluation of the existing TDR urogram pursuant to Policy 101.13.2, parcels within the following habitats and land use districts shall be designated as sender sites for Transferable Development Rights (TDRs) ana Poteatial Developmeat Creaits (PDCs): Any parcel within these zoning categories: Offshore Island (OS) Sparsely Settled (SS) J:\DOCUMENT\GoalI05 - Adopt\rogo-nrogo-105compord-d.doc Page 23 of 26 Main land Native (MN) Parks and Refuge (PR) Native (NA) Conservation (C) Habitat of the following types which lie within any zoning category: Freshwater wetlands Saltmarsh/Buttonwood wetlands High quality high hammock High quality low hammock Moderate quality high hammock Moderate quality low hammock High quality pinelands Low quality pine1ands Beach/berm Palm Hammock Cactus Hammock Disturbed Wetlands Section 26. Delete Policy 101.13.7 and Policy 101.13.8. Palie)' Un.B.7 Ia eaajtllletioR with the first 8flIlaal reyi~N af t.fie Paiat System, the falla':/iag gaiaelines sfiall Be usea ta establish pasitive paint a-WafGS ia the Resiaeatial Pefmit f..llaeatiaa System for eaek PDC: Seflaer Site Reeeiver Site PDC Paiftts Freshwater v/etlaBa seatified, ia UR mast poiats MU IS SR SR (aisturB6a lana Rat to iaelaae wetlands) least poiats Palie)' un.13.8 Ia eaRjl:lfletiaa with the first ar.fH:lal re\<1.ew af tke Poiat System, t.fie fallov/iag gaideliR6s shall Be l:1sea to 6staBlisB. poiat w::aras in tJ:ie NOR resiaeRtial PeRBit f..llaeatiaR System far eaeli PDC: SeRael" Site Reeeh'eI" Site PDC Paiftts PreSfl.vlater wetlana UC mast paiRts SC MU SR SC or MU least paiats J:\DOCUMENT\GoalI05 - Adopt\rogo-nrogo-105compord-d.doc Page 24 of 26 Section 27. Amend and renumber Policy 101.13.9 as follows: Policy 191.B.9 101.13.5 No later th8fl OBe year frem the effeetiye aate ef this f'lan, In coni unction with the evaluation of the TDR program pursuant to Policv 101.13.2 and no later than one vear 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 Polieies 101.13.6 thr'Ell:lgk 101.13.9 Policv 101.13.4, and shall map parcels from which development rights have been transferred. These maps shall be updated as necessary and made available to Growth Management staff and public for use in the development reVIew process. Section 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 gr'Ell:H'lav:ater ana nearshore waters; 5. to protect environmentally sensitive lands appropriate for conservation and resource protection; '" 6. to encourage infill development where existing lands are alreadv substantially developed. served by complete infrastructure facilities and within close proximitv 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 &:-~. to reduce adverse impacts on endangered and threatened species. Accordingly, the Point System, which shall be used as the basis for the annual allocation of permits, shall assign negative and/or positive points to development applications based UPOB: that help to achieve the above environmental protection goals. 1. the eeOOffeRee of Batural resourees or BaRtFal ka,zaF6s; anGler J:\DOCUMENT\GoalI05 - Adopt\rogo-nrogo-l05compord-d.doc Page 25 of 26 2. proposed utilization ef best managemeffi pFaetiees fer Vlastewater treatmeftt and disposal '::fiiek ','/ill w:eia er mitigate the adverse impaets €If aevelepmeftt en namml reseerees, partieularly "'later EjiiaHty. (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 of the Secretary of State of Florida but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission approving the ordinance. Section 32. This ordinance shall be transmitted by the Planning and Environmental Resources Department to the Florida Department of Community Affairs in accordance with the requirements of9J-l1.011, 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 Tem 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) ATTEST: DANNYL. KOLHAGE, Clerk I --~-- I . fY~!~ BY: o.t: U ". Deputy Clerk J:\DOCUMENT\Goall05 - Adopt\rogo-nrogo-l05compord-d.doc Page 26 of 26 STAFF REPORT >:<- MEMORANDUM TO: Board of County Commissioners FROM: Timothy J. McGarry, AICP Director of Growth Management DATE: September 1, 2005 SUBJECT: Final Draft Ordinance Amending ROGOINROGO Policies of Year 2010 Comprehensive Plan Overview The Board of County Commissioners is requested to approve the final draft ordinance for adoption and submittal to DCA for compliance review. This final draft ordinance incorporates revisions to the initial draft ordinance approved by the Board for transmittal to DCA. The revisions made by staff to the initial draft ordinance are based on the Action Plan approved by the Board on August 17, 2005, to further enhance habitat protection and the oral review comments of the DCA staff. Background On June 15, 2005, the Board of County Commissioners approved a resolution transmitting the initial draft ordinance to DCA for review and comment. Subsequent to that transmittal, the Governor and Cabinet, while sitting as the Florida Administrative Commission in consideration of approving Rule 28-20.100, F.A.C., requested on August 10, 2005, that Monroe County make revisions to its proposed Tier system regulations to enhance habitat protection. In response, the Board of County Commissioners at its August 17, 2005, regularly scheduled meeting, approved a "Proposed Action Plan to Provide Further Habitat Protection under the Monroe County Comprehensive Plan and Land Development Regulations" ("Action Plan"). The Action Plan was supported by DCA Secretary Cohen, who was present at the Commission meeting. Based on the Action Plan and discussions with DCA staff reviewing the initial draft ordinance, the staff prepared revisions to the ordinance. The revised draft ordinance was sent to the DCA staff for informal review to ensure that revisions made by the County would adequately respond to formal comments being prepared by DCA staff on the initial draft ordinance. Formal written review comments had not yet been received from DCA on the transmitted ordinance prior to the revised draft ordinance being placed on the BOCC agenda; however, based on discussions with DCA staff, the staff believes concerns raised by DCA concerning the transmitted draft ordinance have been adequately addressed in the final draft ordinance. Summary of Revisions In addition to substantive changes to the draft ordinance based on the Action Plan and DCA staff concerns, the staff has also made minor editing revisions to the ordinance. The final draft ordinance indicates changes from the transmitted draft ordinance submitted to DCA for review with a "aeRatE!! atfik8threRgft" for newly deleted language and with a "double underline" for newly inserted language. The substantive revisions to the initial draft ordinance include the following: 0 Assignment of only +20 points, rather than +30 points, to any ROGO application in Tier III, if it proposes the clearing of any portion of tropical hardwood hammock or pineland (collectively called "upland native vegetation') contained within a Special Protection Area (lands located within upland native vegetative patches of one acre or greater) -referred to as Tier III-A in the "Action Plan"; 0 Assignment of only +10 points, rather than +20 points, to any NROGO application in Tier III, if it proposes the clearing of any of upland native vegetation contained within a Special Protection Area; 0 Elimination of ROGO points for aggregation of lots for an application that proposes clearing of any portion of upland native vegetation contained within a Special Protection Area; 0 Inclusion of lands within designated Special Protection Areas as high priority acquisition areas for conservation purposes; and 0 Exclusion of affordable housing from locating within Special Protection Areas in Tier III. Recommendation The staff recommends approval of the revised final draft ordinance. Growth M~t (305)289-2854 p.2 Sep 26 05 09:48a County of Monroe Growth ~ernent Division Board of Countv Commissioners 2798 Oversea.. Highway Mayor Dixie Spehar, District 1 Suite 410 Mayor Pro Tern Charles "Sonny" McCoy, District 3 Marathon, Ronda 33050 George NeU8ent, District 2 Voice: 305.289. 2500 David Rice, District 4 FAX: 305.289. 2536 Murray E. Nelson, District 5 MEMORANDUM TO: Belle Desantis FROM: Tim McGarry OJ! DATE: September 26, 2005 SUBJECT: Floor Amendments to Agenda Items B-3 and 8-4; September 22, 2005, Special BOCC Meeting The following are the floor amendments to the draft ordinances in the above agenda items (amendments shown in an underline and strikethrough format): 0 A2enda Item B-3. Section 3.. Paee 5 Except as defined in Policy 101.12.4, clearing of upland native vegetative areas in the Tiers I, IT, and ill shall be limited for the portion of the property containing upland native vegetation in the following percentages: Tier Permitted Clearing I 20%! n 40% (Big Pine Key and No Name Key) ill 40% or 3,000 s.f., whichever is greater; however, the maximum amount of clearing shall be no more than 7,500 square feet, regardless of the amount of upland native vegetative area. or * Pabn ~ cactus hammock is limited to only 10%. 0 Aeenda Item 8-4. Section 12.. Paee 9. I..Tier DesUmatioD Point Assignment: Criteria: +0 Proposes a dwellimr: unit Sep 26 05 09:49a Growth M~t (305)289-2854 p.3 within areas designated Tier I lNaturalArealon Bie: Pine Key and No Name Name Key. +10 Proposes a dwelling unit within areas designated Tier I [Natural Area] outside of Big Pine Key or No Name Kev.. 0 .A2enda Item 8-4. SecUon 12. Paee 10. 3.. Lot A22re2ation Point Assignment: Criteria: +4 Each additional contiguous vacant, legally platted. lot which is aggregated in a designated Tier-lHK= ill area outside of Big Pine Kev and No Name Kev that meets the aforementioned requirements will earn additional points as specified. * +3 Each additional contiguous vacant. legally platted lot which is 112gregated in a designated Tier n or ill area on Big Pine Key and No Name Key that meets the aforementioned requirements will earn additional DOints as Sep 26 05 09:49a Growth M~t (305)289-2854 p.4 I , ~ecified. * 1 0 Al!enda Item 8-4. Sedion12.. Pal!e 11. 4.. Land Dedication 4. Land Dedication - The following points shall be assigned to allocation applications to encourage, the volWltary dedication of vacant, buildable land within Tier I aBd Tier R (Big Pille K-ey anti Ne Name Key)designated areas and Tier ill Special Protection Areas for the purposes of conservation, resource protection, restoration or density reduction and, iflocated in Tier ill outside of Special Protection Areas, for the purpose of providing land for affordable housing where appropriate. Point Assignment: * Criteria: * +4 Proposes dedication to Monroe COWlty of one vacant, legally platted lot of sufficient minimum lot size and upland area to be buildable. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. + 1 for each 5,000 square feet oflot size Proposes dedication to Monroe County of a vacant, legally platted lot of 5,000 square feet or more in size, designated as Residential Low with a maximum net density within a Tier I area and containing sufficient upland area to be buildable. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as. specified. +0.5 Proposes dedication to Sep 26 05 09:49a Growth M~t (305)289-2854 p.5 Monroe Co\Dlty of one (1) vacant, legally platted lot of at least 5,000 square feet in size within a Tier I area, designated as Residential Conservation, or Residential Low with no maximum net density, containing sufficient upland to be buildable. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. +4 Proposes dedication to Monroe County of at least one (1) acre of vacant, \Dlplatted land located within a Tier I area containing sufficient upland to be buildable. Each additional one (I) acre of vacant, unplatted land that meets the aforementioned requirements will earn points as specified. *Exr.P.7Jtion: ADplications (or a dwelling unit on Big Pine Key and No Name Key shall be awarded Doints (or land dedication in accordance with Action Item 3.2.2 C o( the Livable gep 26 05 09:49a Growth M~t (305)289-2854 p.6 Should you have questions, please let me know.