Item L09
-
BOARD OF COUNTY COMMISSIONERS
AG ~:.'\iUA rn:I\'l Sl.'MMARY
\1eet.ing Date: J aJluary l tt, 2006. Di \"i~ioJ\. (:OLJrllY..8..t tomey
Bulk hem- Yes ..l:;L ~o Dcpar lment: Counly Au.omey
Stair COn(a~l Pers.on' J ~!:TY Sanders x3i70
AGE~DA ITJ~J\.'l WORDI NG: RC50lutlon dec:laring rCCOnlm~nd<itjDm. ol'the Specicl11\"lastcr on
applications tor removal o!'properlies irom Conservatlon and. Natural Area (CT\A) dcsigmitioTl moot
and Rulhorizing pmper1y owners who parti~ipatcd rn thc CNA hearings. th~ OrlioH or ut.ilizing ami
incorporating the record created bd'(:ne Sp~(".ial ~'bster in puhlic hearings of the BOer fOf adoption or
'r'[cr designatiuns or future appe,ll S rcgardi ng sam~.
ITEM HAC KG RO UN D: The inlerim develupment ordinance prohibiting dcvclopmenl in areas
designated by Or Jinance 18-2004 (is Conservation and Natural Area;(; (C\f 1\) expiretJ ill December 2005
by virtue ofit.~ sunset provision. AffcCled pwperly owners had been afforded an OpportUfl~ty 10 appear
before a Special Master to conleSL the inclusion ofthelf property ill the C~A Tho5e hearings y,..ere held
in the SpJ ing of 200:1. Thirty-one property owners had adv~rse recummendations by tne Special \taslcr
to the BOCC but thc lnterim DC\ielopm~nt Ordimmce expired prior to the scheduling or the hearings on
sam~\ thus rendcl"illg th~ final hearings under that ordi tlancc moot
In. order to ..d1(JI"d aflec..::ted property owners the opportuIlity to utilize the record created before lhe
Special Master in pubflC hearings. of th~ BOCC fur adoption of Tier designations or Julllre arpeals
r(~garding same lu cunkst final Tier designations, when the Tier 1';ystem is adopted, it is recommended
thallhe Board alltnOrf7.C those Owrlt':I~, by re1';olution, the option of utili ling lhe record created during
Lhe C1\.A hearings in publ~{:. h~arings. of t.he HOeC for adoption of Tier desigmltions or filturc appeab
rcgardi ng same. SD a<.; not to create an unlimited reL:ord keeping burdetl, jf the reL:ord is (0 he uti li7.cd rn
an appeal (ell' opposed ~o a puhliL: bearing of the nocc) it is recommended that t.he property Owner
mu~t make that electiun knowll to the County within l20 days after the adoption of the Tier maps.
1}r:U:VU)lfS R[.LEVAI\T IJOCC ACTION: Board adopted CNA b)" ordinuncc E8-2UU4 in 2004.
CO:'\lTRAC riA G REEM E~T CHANC ~:S: n/a
STA}I'F Rl.TOMMENDATlONS: ,\Doro...al.
TOTAl, COST: , BIJ [)GF.T~: U: Yes 1'\0
n/a -.
ens']' TO COl.T~TY~ u/a SOlJ RC~~ OJ' FLNDS: n!a
H ..~V J<~:"ol 1) E PROf) Uel N (;: Y t::i Nu xx ..\I\fOLN"T PER "'ONTIf~ Yl'"ar n/a
API'ROVED BY: County Au)" xx OVl Ii/Purchasing Risk Managemenl_
DlVISIOl\ /)1 RE(TOR A PPROV ,\ C: q C~~ eL~\:.":' - 0_11 c :::; l (' (-
John I{. Collins., County Attorney
nOCU:\1E~li\TIO"\J: lnclLlded xx l\'or Required_. TO 1'01.1.0\'"
.--
DISPOSITION: ... -. AGE~DA JTEM #
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RESOLUTION NO. -2006
A RESOLUTION OF THE BOARD OF COUNTY COM MfSSIONERS OF
MONROE COUNTY, FLORIDA DECLARING CONSIDERATION OF
SPECIAL MASTER'S RECOM M ENDA TIONS ON APPUCA TlONS FOR
REMOVAL OF PROPERTIES FROM THE CONSERVAT'ON AND
NA TU RAl AREAS SOU N DARIES MOOT AND AUTHORIZING
PROPERTY OWN ERS WHO MADE SUCH APPLlCA liONS THE
OPTION Of INCQRPORA TING THE RECORD CREATED BEFORE
THE SPECIAL MASTER IN PUBLIC HEARINGS OF TH E soce FOR
ADOPTION OF TIER DESIGNATIONS OR FUTU RE APPEALS
REGARDING SAME.
WHEREAS, The Board of County Commissioners adopted an Interim
Development Ordinance designated No. 018 -2004 on June 16, 2004.
WHEREAS, Ordinance No_ 018 - 2004 designated certain Conservation
and Natural Areas, the boundaries of which were described in maps attached
thereto and made a part of th8t ordinance and were defined as meaning all ~and
located within the boundaries of the attached Conservation and Natural Area
maps.
WHEREAS, during the period that this interim ordinance was in effect no
Rate Of Growth Ordinance allocation award. whether residential (ROGO) or
nonresidential (NROGO), with an application entry dale of April 14, 2004, or later
was allowed for development that involved the clearing of any portion of an
upland tropfcal hardwood hammock or pinelands habitat contained in a patch of
two acres or more in size within a Conservation and Natural Area.
WHEREAS, Ordrnance No. 01 B - 2004 provided that proposed
amendments to Conservation and Natural Areas boundaries may be initiated by
a written apphcations submitted by an affected property owner to the planning
and Environmental Resources Department on a form proved by that Department
WHEREAS, Ordinance No_ 018 - 2004 further provided that such
applicalions for proposed amendments to the boundaries of the conservahon and
natural areas shaff follow a streamlined review process, i_e., review by the
Development Review Committee and Planning Commisston would not be
requlred and the following procedure would be ut~!ized instead~
(a) Application for a proposed amendment wiH be submitted to the
Planntng and Environmental Resources Department for
consideration by the Spedaf Master at a public hearing
advertised at least fffteen days prior to the hearing_ The Special
Master shatl recelve written and/or oral testimony of County staff
and appl ieant; and shall provide reasonable opportunity for
relevant and material pubUc test~mony _ The Special Master shall
promptly render a written opinion to the Board of County
Commiss!oners, recommending approva~ (in whole or in pari) or
denial of the request for a boundary amendment
(b) The public heari ng for the Board of County Com missioners'
consideration of the Specia~ Master's recommendations will be
advertised at least 15 days prior to the publfc hearing, but no
posting of the property will be required
WHEREAS, 40 property owners applied for amendments to the
boundanes of the Conservation and Natural Areas and participated in hearings
before the Special Master appointed by the Board of County Commissioners
The Special Master made findings and recommended that 9 properties be
removed from the CNA boundary (to which the Director of Planning and
Env1ronmental Resources concurred) and that 31 properties should remain within
the CNA boundary.
WHEREAS, Ordinance No 018 - 2004 was in effect unti I December 16,
2005, when it expired by its O'Wn terms prior to the BOCC holding any public
hearings on the Special Master's recom mendations.
WH EREAS. the Conservation and Natura I Areas boundaries defined in
Ordinance No. 018 - 2004 are in large part proposed to be T[er I of the revisions
to the land Development Regulations in which development wi II be highly
d i scoura 9 ed.
WHEREAS, revi slons to the Land Development Regulatrons providing for
objections and appeals to inel usion in Tier I wiH Ii kely provrde for a Special
Master hearing 5lmi lar to the applicatjon for amendments 10 the boundaries of the
Conservation and Natural Areas.
WH EREAS, Ihe issues regarding inclusion within Tier I wi Il probably be
the same or si milar 10 ~he issues for removaf from the boundaries of the
Conservation and Naturaf Areas.
WHEREAS, in the interest of economy for the property owners who
participated in Ihe Special Master hearings Board of County Com missioners
desires to allow them the option of uWizing the same record previously created
before the Special Master in publ ic hearings of the BOCC for adoption of Tier
designations or future appeals regarding same,
NOW THEREFORE; BE IT RESOLVED BY THE BOARD OF COU NTY
COMMISSIONERS OF MONROE COUNTY, FLORiDA. THAT
1. For the reasons stated in the above findings, the public hearing for lhe
Board of County Commissioners' consrderation of the Special Master's
recommendations subsequent to hearings an applications for proposed
amendments 10 boundar~es of Conservation and Naturaf Areas
pursuant to Ordinance No_ 018 - 2004 is declared unnecessary and
moot due to the expiration by its own terms of the effective dates of
Ordinance No. 018 - 2004.
2, In the fnteresl of economy for the 31 property owners who applied for
amendments to the boundarres of the Conservation and Natural Areas
and participated in hearings before ~he Special Master and received an
adverse recommendation for consideration by the Board Of County
Commi ssioners they sharf be allowed the oplion of utiliz!ng the hearing
record previously created before the Special Master in public hearings
of the BOCC for adoption of Tier desrgnations in the land
Development Regu laffons or future appeals regarding same.
3_ Other than in public hearings of the BOCe for adoption of Tier
designations in the Land Development Regu~ations in order to utilize
the record previous~y crealed before the Special Master notice must be
given by the affected property owner to the County's Director of
Planmng and Environmental Resources of tI1e property owner's
intention to utilize the hearing record, such notfce to be given within
120 days after the adoption of any amendments to the Land Use
District Map designating Tier boundaries.
PASSED AND ADOPTED by the Board of County Commisstoners
of Monroe County, Florida at a regular meeting held on the _ day of
-.- , A.D., 2006.
Mayor Charles ':Sonny" McCoy
Mayor Pro Tern Murray Nelson
Commissioner Dixie Spehar
Commissioner George Neugent
Com missioner David Rice
BOARD OF COU NTY COMM ISS lONERS
OF MONROE COUNTY, FLOR1DA
BY:
Mayor Charres "Sonny" McCoy
ATTEST: DANNY KOH LAGE, CLERK