Item Q5BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 16, 2012 Division: Growth Management
Bulk Item: Yes No X Department: Planning & Environmental Resources
Staff Contact Person: Christine Hurley. AICP, Ext 2517
Director of Growth Manauement
AGENDA ITEM WORDING:
A public hearing to consider an ordinance amending Sections 138-27, Administrative Relief and
138-5, Administrative Relief, of the Monroe County Land Development Code, precluding the
granting of administrative relief in the form of the issuance of a building permit for lands within
the Florida Forever targeted acquisition or Tier I land areas unless, after 60 days from the receipt
of a complete application for administrative relief, it has been determined the parcel cannot be
purchased for conservation purposes by any county, state or federal agency or any private entity.
ITEM BACKGOUND:
Rule 28-20.140(5)(a)8, Florida Administrative Code states: `By July 1, 2012, Monroe County
shall adopt Land Development Regulations to require that administrative relief in the form of the
issuance of a building permit is not allowed for lands within the Florida Forever targeted
acquisition areas or Tier I lands unless, after 60 days from the receipt of a complete application
for administrative relief, it has been determined the parcel will not be purchased by any county,
state, federal or any private entity. The County shall develop a mechanism to routinely notify the
Department of Environmental Protection of upcoming administrative relief requests at least 6
months prior to the deadline for administrative relief."
The proposed amendment to the Monroe County Land Development Code implements Rule 28-
20.140(5)(a)8, F.A.C. This is a Rule requirement which is due July 1, 2012 and progress needs to
be reported to the Florida Administrative Commission. The amendment is intended to
implement the Carrying Capacity Report (as specified in the Rule) and provides another
opportunity to coordinate and evaluate lands with sensitive habitat and targeted for acquisition.
This amendment is also consistent with Comprehensive Plan Policy 101.6.6
PREVIOUS RELEVANT COMMISSION ACTION:
On October 22, 2009, the BOCC adopted Ordinance 034-2009 which amended the Monroe
County 2010 Comprehensive Plan to include Policy 106.6.6.
CONTRACT/AGREEMENT CHANGES: NIA
STAFF RECOMMENDATION: Approval
TOTAL COST: NIA INDIRECT COST; BUDGETED: Yes No NIA
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: NIA SOURCE OF FUNDS: NIA
REVENUE PRODUCING: Yes No NIA AMOUNT PER MONTH: NIA Year
APPROVED BY: County Attorney x_ OMB / Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
To: Monroe County Board of County Commissioners
From: Mitchell N. Harvey, AICP, Comprehensive Planning Manager
Date: April 12, 2012
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING MONROE COUNTY CODE SECTIONS
138-27, ADMINISTRATIVE RELIEF AND 138-54, ADMINISTRATIVE
RELIEF, PRECLUDING THE GRANTING OF ADMINISTRATIVE RELIEF
IN THE FORM OF THE ISSUANCE OF A BUILDING PERMIT FOR LANDS
WITHIN THE FLORIDA FOREVER TARGETED ACQUISITION OR TIER I
LAND AREAS UNLESS, AFTER 60 DAYS FROM THE RECEIPT OF A
COMPLETE APPLICATION FOR ADMINISTRATIVE RELIEF, IT HAS
BEEN DETERMINED THE PARCEL CANNOT BE PURCHASED FOR
CONSERVATION PURPOSES BY ANY COUNTY, STATE OR FEDERAL
AGENCY OR ANY PRIVATE ENTITY; PROVIDING FOR NOTIFICATION
OF ADMINISTRATIVE RELIEF REQUESTS TO THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING
FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND
THE SECRETARY OF STATE; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE.
Meeting: May 16, 2012
2
3 I REQUEST
4
5 The Planning & Environmental Resources Department is proposing an amendment to the text
6 of Monroe County Code (MCC) § 138-27 and 13 8-54 to preclude the granting of
7 administrative relief in the form of the issuance of a building permit for lands within the
8 Florida Forever targeted acquisition or Tier I land areas unless, after 60 days from the receipt
9 of a complete application for administrative relief, it has been determined the parcel cannot
10 be purchased for conservation purposes by any county, state or federal agency or any private
1 I entity. The County shall also routinely notify the Florida Department of Environmental
12 Protection of upcoming administrative relief requests at least 6 months prior to the deadline
13 for administrative relief.
14
15
16
Page 1 of 6 (File #2011-068)
2 II RELEVANT PRIOR COUNTY ACTIONS AND BACKGROUND INFORMATION
3
4 Draft Rule 28-20.140, F.A.C., included a Work Program task requiring Monroe County to
5 "adopt a comprehensive plan policy to require that administrative relief in the form of the
6 issuance of a building permit is not allowed for lands within the Florida Forever targeted
7 acquisition or Tier I lands areas unless, after 60 days from the receipt of a complete
8 application for administrative relief, it has been determined the parcel will not be purchased
9 for conservation purposes by any county, state or federal agency or any private entity. The
10 County shall routinely notify Department of Environmental Protection of upcoming
11 administrative relief requests at least 6 months prior to the deadline for administrative relief "
12
13 Pursuant to Draft Rule 28-20.140, F.A.C., the Monroe County Year 2010 Comprehensive
14 Plan was amended by the Board of County Commissioners to create Policy 101.6.6. The
15 following Policy 101.6.6 was adopted by the BOCC on October 22, 2009, which became
16 effective on December 31, 2009, pursuant to a Florida Department of Community Affairs
17 Notice of Intent to find Monroe County Comprehensive Plan Amendment 09-2 In-
18 Compliance, Docket No. 09-2-NOI-4401-(A)-(I), dated December 10, 2009.
19
20 Policy IOL 6.6. Monroe County shall preclude the granting of administrative relief in
21 the form of the issuance of a building permit for lands within the Florida Forever
22 targeted acquisition or Tier I lands areas unless, after 60 days from the receipt of a
23 complete application for administrative relief, it has been determined the parcel
24 cannot be purchased for conservation purposes by any county, state or federal
25 agency or any private entity. The County shall routinely notify Department of
26 Environmental Protection of upcoming administrative relief requests at least 6
27 months prior to the deadline for administrative relief.
28
29 Rule 28-20.140, F.A.C., was subsequently revised and approved by the Florida
30 Administration Commission, adopted by the Florida Legislature on April 1, 2011, and
31 became effective on July 1, 2011. Rule 28-20.140(5)(a)8, F.A.C. includes a Work Program
32 task which states:
33
34 By July 1, 2012, Monroe County shall adopt Land Development Regulations to
35 require that administrative relief in the form of the issuance of a building permit is
36 not allowed for lands within the Florida Forever targeted acquisition areas or Tier I
37 lands unless, after 60 days from the receipt of a complete application for
38 administrative relief, it has been determined the parcel will not be purchased by any
39 county, state, federal or any private entity. The County shall develop a mechanism to
40 routinely notify the Department of Environmental Protection of upcoming
41 administrative relief requests at least 6 months prior to the deadline for
42 administrative relief.
43
44 Rule 28-20.140, F.A.C., implements Section 380.0552(4) of the Florida Statutes. The Rule
45 requires Monroe County to report annually to the Administration Commission describing its
46 progress in completing the remaining work program tasks, including the task described
Page 2 of 6 (File #2011-068)
I above. If Work Program tasks are not completed, the Administration Commission may
2 recommend that the unit cap for residential development be reduced by 20 percent for the
3 following ROGO year.
4
5 The proposed amendment to the Monroe County Land Development Code implements Rule
6 28-20.140(5)(a)8, F.A.C., within the timeframe specified by the Rule, and Comprehensive
7 Plan Policy 101.6.6. The amendment is intended to implement the Carrying Capacity Report
8 (as specified in the Rule) and provide another opportunity to coordinate and evaluate lands
9 with sensitive habitat and targeted for acquisition.
10
11 On March 28, 2012, the Monroe County Planning Commission held a public hearing to
12 review the proposed amendment to the Land Development Code. Following staff report
13 presentation, opening and closing of public comment, and Board deliberation, the Planning
14 Commission voted 5-0 to recommend approval to the BOCC.
15
16 III REVIEW
17
18 The following proposed amendment to Monroe County Code Sections 138-27 and 138-54
19 will serve as the corresponding Land Development Code which implements Policy 101.6.6 of
20 the Monroe County 2010 Comprehensive Plan and Rule 28-20-140(5)(a)8, F.A.C. Staff
21 recommends the following changes Deletions are ke thf a
{ and additions are
22 underlitre . Text to remain the same is black):
23
24 See. 138-27. Administrative Relief (ROGO),
25 (a) Eligibility. An applicant for an allocation award is eligible for administrative relief if
26 (1) The application complies with all requirements of the dwelling unit allocation
27 system;
28 (2) The application was considered in the first 16 consecutive quarterly allocation
29 periods; and
30 (3) The applicant has not received an allocation award.
31
32 (b) Notification of eligibility. Within 30 days of the finalization of evaluation rankings by
33 the planning commission, any applicant determined to be eligible for administrative relief
34 pursuant to subsection (a) of this section shall be notified of the applicant's eligibility for
35 administrative relief by certified mail, return receipt requested.
36
37 (c) Application. An application for administrative relief shall be made on a form prescribed
38 by the difeetef-of planning director and may be filed with the planning and environmental
39 resources department no earlier than the conclusion of the 16th quarterly allocation period
40 and no later than 180 days following the close of the 16th quarterly allocation period.
41
42 Sri) ..iorr..��rc C.,`cj1..... ci..:tM Sarti—ofanti°e r9......tl
43 f m ... Sri" tic Jssrianc f uildat �r �i� fir ➢ rr � ��rtl��rr tine Dior � .� ore�a r t ¢° �cteri ......�
ft
44 Lro.......r.�ur ��..... riles, rr......rora time rccer t r?.. ...rpti
45 wligg Boal......tor—��dgii pstr tier ....r` relief, it has � etenni ni)a iaar i c i r c� i
46 r° r . r t otx rrr� o c Q ... rrn c zart _..test ieder rx. �r o .... r z to r
jL- The
Page 3 of 6 (File #2011-068)
I Qoulitv liall rout' aot the 1 ?AM1re of F— ironni ital Prot Lion vof �a M
l.
2 administrative_ r"c e r .!4 t _. t least _.. months P PT t . file c� h! or.madmilu tr tpvc
3 relief`. �_
4
5 W Forwarding application to board Of cQuiltv c. onimissiotiers. Upon the filing of an
6 application for administrative relief, the director of planning shall forward to the board all
7 relevant files and records relating to the subject applications. Failure to file an application
8 shall constitute a waiver of any rights under this section to assert that the subject property
9 has been taken by the county without payment of just compensation as a result of the
10 dwelling unit allocation system.
II
12 f_f
J Public hearing. Upon receipt of an application for administrative relief, the board
13 shall notice and hold a public hearing at which the applicant will be given an opportunity to
14 be heard. The board may review the relevant applications and applicable evaluation
15 ranking, taking testimony from county staff and others as may be necessary and hear
16 testimony and review documentary evidence submitted by the applicant.
17
18 t Boafcou— .1 (: kii ��ss ones action. At the conclusion of the public hearing,
19 the board of Y commi stoners may take any or a combination of the following actions:
20 (1) Offer to purchase the property at its fair market value as its preferred action if the
21 property is located within:
22 a. A designated tier I area;
23 b. A designated tier II area (Big Pine Key and No Name Key);
24 c. A designated tier III -A area (special protection area); or
25 d. A designated tier III area on a nonwaterfront lot suitable for affordable
26 housing.
27 (2) Grant the applicant an allocation award for all or a number of dwelling units
28 requested in the next succeeding quarterly allocation period or extended pro rata over
29 several succeeding quarterly allocation periods as the preferred action for buildable
30 properties not meeting any of the criteria in subsection (f)(1) of this section.
31 (3) Suggest or provide such other relief as may be necessary and appropriate.
32
33 (is)Limits on administrative allocations per quarter. The number of allocations that
34 may be awarded under administrative relief in any one quarter shall be no more than 50
35 percent of the total available market rate allocations available in a quarter for that subarea.
36 Any allocations in excess of 50 percent shall be extended into the succeeding quarter or
37 quarters until the number of such allocations is 50 percent or less of the total number of
38 market rate allocations available to be awarded.
39
40 See. 138-54. Administrative Relief (NROGO).
41
42 (a) Eligibility. An applicant is eligible for administrative relief under the provisions of this
43 section if all the following criteria are met:
44 (1) The applicant has complied with all requirements of the nonresidential permit
45 allocation system;
46 (2) The subject application has not been withdrawn; and
Page 4 of 6 (File #2011-069)
1 (3) The subject application has been considered in the first four consecutive
2 annual allocation periods and has failed to receive an allocation award.
3
4 (b) Application. An application for administrative relief shall be made on a form prescribed
5 by the planning directo r and may be filed with the planning piLd envviro nl— tsl
6 resources department no earlier than the conclusion of the fourth allocation period and no
7 later than 120 days following the close of the fourth annual allocation period.
R
9 (c) Waiver of rights. Failure to file an application shall constitute a waiver of any rights
10 under this section to assert that the subject property has been taken by the county without
11 payment of just compensation as a result of the nonresidential floor area allocation system.
12
13 fps, 'ficMonroe rt�ffrx., 9wr�°rti_ _administrative e_ the
o ._ _
14 Ibnn of" the..
ante of a b J, L 111 t _ or farads O t tn the Florida fa o: _iar g t
ed
15 I ion or.... t ��r � _ � r;�f �r �s... I'lle i t � � � �
_.-6_..... t r _ LIL :e J. 2t o a complete
16 c tf fti iorj i to tive r� t ' �t been deter �ined.�t� _ mt°cep eao oL II .. �` h�;
_...
ed
17 for core ors t t se r� e : t t vale entity. The
18 Co t oL:tfludy—I t6l th ,fie -arbneqLof oc a e 1 sect c or
12,
19 ai�ttvrelief rst atot..or o r�.._fo afro
20 �effef
21
22 Processing and review by planning director. Upon the filing of an application for
23 administrative relief, the director of planning shall prepare a written report with
24 recommendation and forward the report to the board of county commissioners along with
25 all relevant files and records relating to the subject application. The planning director shall
26 advertise and schedule a public hearing for consideration of the application by the board of
27 county commissioners.
28
29 if! Public hearing. At a public hearing, the board of county commissioners may review
30 the relevant application and application evaluation ranking, taking testimony from county
31 staff and others as may be necessary and review documentary evidence submitted by the
32 applicant.
33
34 ( Board Qi` action. At the conclusion of the public hearing, the
35 board El : t r or roan sione.r:� may take any or a combination of the following actions:
36 (1) Offer to purchase the property at fair market value as the preferred action if the
37 property is location within:
38 a. A designated tier I area;
39 b. A designated tier II area (BigPine Key and No Name Ke
40 y Y)�
c. A designated tier III -A area (special protection area); or
41 d. A designated tier III area on a nonwaterfront lot suitable for affordable
42 housing.
43 (2) Grant the applicant an allocation award for all or part of the nonresidential floor area
44 requested in the next allocation award as the preferred option for buildable properties not
45 meeting the criteria in subsection (f)(1) of this section.
46 (3) Suggest such other relief as may be necessary and appropriate.
Page 5 of 6 (File #2011-069)
1
2
3 IV RECOMMENDATION
4
5 Staff has found that the proposed text amendment is consistent with the provisions of MCC
6 § 102-158(d)(5)(b) which requires one of the following to be met: 1. Changed projections
7 (e.g., regarding public service needs) from those on which the text or boundary was based; 2.
8 Changed assumptions (e.g., regarding demographic trends); 3. Data errors, including errors in
9 mapping, vegetative types and natural features described in volume I of the plan; 4. New
10 issues; 5. Recognition of a need for additional detail or comprehensiveness; or 6. Data
11 updates.
12
13 Staff has found that the proposed text amendments are necessary due to new issues (§ 102-
14 158(d)(5)(b)4.) resulting from the adoption of Rule 28-20.140, F.A.C., which established the
15 new Monroe County Work Program to implement and further the Florida Keys Area of
16 Critical State Concern designation (Section 380.0552, F.S.).
17
18 Staff recommends that the Board of County Commissioners amend the Monroe County Code
19 as stated in the text of the staff report.
20
21 V EXHIBITS
22
23 A. BOCC Ordinance No, 034-2009
24 B. Notice of Intent for Amendment 09-02
25 C. Rule 28-20.140, Florida Administrative Code
26
Page 6 of 6 (File #2011-068)
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE 034- 2009
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AN AMENDMENT TO THE MONROE
COUNTY 2010 COMPREHENSIVE PLAN TO CREATE POLICY 101.6.6;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH; DIRECTING THE
DIRECTOR OF PLANNING TO FORWARD A COPY TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR FILING
WITH THE SECRETARY OF STATE; PROVIDING FOR THE
INCORPORATION INTO THE COMPREHENSIVE PLAN; PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, the Board of County Commissioners (BOCC) held a public hearing on October 22,
2009, for the purposes of considering the adoption of a proposed amendment to the Monroe County Year
2010 Comprehensive Plan; and
WHEREAS, the Florida Department of Community Affairs submitted its Objections,
Recommendations and Comments for Amendment 02-09 of the Monroe County 2010 Comprehensive Plan
and had two (2) objections regarding the proposed amendment;
WHEREAS, the BOCC voted to transmit the proposed amendment to the Florida Department of
Community Affairs on July 13, 2009; and
WHEREAS, on June 10, 2009, the Monroe County Planning Commission held a public hearing on
the proposed comprehensive plan amendment and in due consideration of public comment recommended
passing a resolution to the Board of County Commissioners approving the transmittal to the Florida
Department of Community Affairs an ordinance to amend the Monroe County Year 2010 Comprehensive
Plan; and
WHEREAS, The Florida Administration Commission (F.A.C.) is proposing new Rule 28-20.130
implementing Section 390.0552(4) of the Florida Statutes. The proposed rule requires Monroe County to
report annually to the Administration Commission, describing its progress in completing the retraining
Work Program tasks as depicted in the Monroe County Year 2010 Comprehensive Plan Policy 101.2.13 and
Rule 28-20.110 Florida Administrative Code; and
WHEREAS, to assist in furthering work program tasks Year 6, Task C and Year 8, Task F, a new
policy regarding carrying capacity and habitat protection must be transmitted to the Department of
Community Affairs (DCA) prior to July 31, 2009; and
WHEREAS, the new rule carries forward policies from:
a. Monroe County Year 2010 Comprehensive Plan Policy 101.2.13 and Work Program in Rule
28-20.110, F.A.0 Year 6, Task C states "Implement the carrying capacity study by, among
other things, the adoption of all necessary plan amendments to establish a rate of growth and
a set of development standards that ensure that any and all new development does not
exceed the capacity of the county's environment and marine system to accommodate
additional impacts;" and
b. Monroe County Year 2010 Comprehensive Plan Policy 101.2.13 and Work Program in Rule
28-20.110. F.A.C. Year Eight (8), Task F states "Adopt amendments to the comprehensive
plan and land development regulations to enact overlay designations, and eliminate or revise
the Habitat Evaluation Index, and modify the ROGO/NROGO system to guide development
away from environmentally sensitive lands;" and
WHEREAS, the proposed rule language (last update June 11, 2009) is written as follows:
(a)l.c. Monroe County shall transmit a comprehensive plan policy to preclude the granting of
administrative relief in the form of the issuance of a building permit for lands within the Florida
Forever targeted acquisition or Tier I lands areas unless, after 60 days from the receipt of a complete
application for administrative relies:, it has been determined the parcel can not be purchased for
conservation purposes by any county, state or federal agency or any private entity. The County shall
routinely notify Department of Environmental Protection of upcoming administrative relief requests
at least 6 months prior to the deadline for administrative relief.
WHEREAS, based upon the information and documentation submitted, the BOCC makes the
following Findings of Fact and Conclusions of Law:
1. The purpose of new Policy 101.6.6 of the Monroe County Year 2010 Comprehensive Plan is
to amend the ROGO and NROGO administrative relief procedures by prohibiting allocation
awards for lands located in Florida Forever acquisition areas or Tier 1 designations under
certain circumstances and to require Monroe County to notify the Department of
Environmental Protection of upcoming administrative relief requests
2. The proposed amendment is consistent with the Monroe County Year 2010 Comprehensive
Plan, as follows:
a. Goal 101 of the Monroe County Year 2010 Comprehensive Plan considers the health
and safety of people and protection of natural resources
b. Goal 105 of the Monroe County Year 2010 Comprehensive Plan recognizes the finite
capacity for land development while balancing development with the natural
environment
c. Policy 105.1 of the Monroe County Year 2010 Comprehensive Plan implements smart
growth initiatives with the CommuniKeys Master Plans and Land Acquisition Programs
d. Policy 105.2.12 of the Monroe County Year 2010 Comprehensive Plan emphasizes
purchase offers as the best form of relief
e. Policy 101.2.14 of the Monroe County Year 2010 Comprehensive Plan states the county
shall offer to purchase land in the CARL boundary or the National Wildlife Refuge after
the applicant was denied a ROGO allocation but applied for administrative relief
f. Policy 101.6 of the Monroe County Year 2010 Comprehensive Plan requires the Monroe
County Land Authority land acquisition program to purchase land from property owners
who have been denied a building permit allocation
g. Policy 101.6.1 of the Monroe County Year 2010 Comprehensive Plan offers fair market
value on property if a building permit was denied for four (4) consecutive years, the
building plan was designed to follow all applicable regulations, the building permit has
not been withdrawn and all procedures for administrative relief have been followed
h. Policy 101.6.5 and Policy 105.2.12 of the Monroe County Year 2010 Comprehensive
Plan states the preferred form of relief is a purchase offer from the county, state or other
land acquisition agency
I The prole amendment is consistent with the Key Largo Livable CommunXeys Plan, as
follows:
a. Goal One (1) and Goal Five (5) encourages the preservation of environmentallysensttive
lands and preserves, manages and restores natural resources
4. The proposed amendment is consistent with the Big Pine Key / No Name Key Livable
CommuniKeys Plan, as follows:
l . Goal 1 encourages conservation and protection ofenvironmentally sensitive lands
2. Goal 2 minimizes the impacts on endangered species
3. Goal 9 implements a land acquisition program that is fair to willing sellers
4. Goal 10 protects and manages natural resorucea
5. The proposed amendment is consistent with Monroe County Code Sections 138.27(f) and
138.54(f) which offer a fair marimt value purchase price for property owners in
administrative relief for lands in designated area
6. Pursuant to Chapter 380-0552(7) Florida Statutes, the proposed amendment is consistent
with the Principles for Guiding Developmem as a whole and is not inconsistent with any
Principle, and,
7. The proposed amendment is internally consistent with other elements of the Comprehensive
Plan; and
NOW THEREFORE, BE ff ORDA94ED BY THE BOARD OF COUNTY
COMMINIONERS OF MONROE COUNTY, FLOKI[DA:
20 The Monroe County Year 2010 Comprehensive Plan is hereby amended to include the
following policy:
Policy 101A.6
Monroe County shall prechrdo the granting of administrative relief in the form of the issuance of a
building permit for lands within the Florida Forever targeted acquisition or Tier I lands areas unless,
after 60 days from the receipt of a complete application far administrative relic& it has been
determined the parcel can not be purchased for conservation purposes by any county, state or federal
icy or any private entity. The County shall routinely notify nt of Environmental Protection of upcoming administrative relief requests at least six (6) months prior to the deadline for
administrative relief.
If any section, subsection, sentence, clause, item, change, or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such validity.
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to
the extent of said conflict.
This ordinance shall be transmitted by the Planning Department to the Department of
Community Affairs pursuant to Chapters 163 and 390, Florida Statutes.
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 Conununity Affairs or Administration
Commission approving this ordinance.
When effective, this amendment shall be incorporated into the Monroe County Year 2010
Comprehensive Plan.
PASSED AND ADOPTED by the Boanl of County Commissioners of Monroe County, Florida, at
a special meeting held on the 22nd day of-4gt, 2009.
Mayor George Neugent
yes
Mayor Pro Tem Sylvia Murphy
Yes
Commissioner Kim Wigington
Yes
Commissioner Heather Caruthers
Yee
Commissioner Mario Di Goan=
Yes
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, fLORIDA
,Y Je' d'a`
Mayor George Neugent
L. KOLHAGE, CLERK
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STATE OF •
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST
Governor THOMAS G. PELHAM
Seuerary
December 10, 2009
The Honorable Sylvia Murphy
Mayor, Monroe County
102050 Overseas Highway, Suite 234
Key Largo, Florida 33037
Dear Mayor Murphy:
The Department of Community Affairs (Department) has completed its review of the
Monroe County Comprehensive Plan Amendment (DCA Number 09-2), adopted by Ordinance
Numbers 034-2009 and 035-2009 on October 22, 2009, and determined that it meets the
requirements of Chapter 163, Part II, Florida Statutes (F.S.), for compliance, as defined in
Subsection 163.3184(i)(b), F.S. The Department is issuing a Notice of Intent to find the
Comprehensive Plan Amendment in compliance. The Notice of Intent has been sent to the Key
West Citizen for publication on December 11, 2009.
The Department's Notice of Intent to find a plan amendment in compliance shall be
deemed to be a final order if no timely petition challenging the amendment is filed, Any affected
person may file a petition with the agency within 21 days after the publication of the Notice of
Intent pursuant to Section 163.3184(9), F.S. No development orders, or permits for a
development, dependent on the amendment may be issued or commence before the plan
amendment takes effect. Please be advised that Section 163.3184(8)(c)2, F.S., requires a local
government that has an Internet site to post a copy of the Department's Notice of Intent on the
site within 5 days after receipt of the mailed copy of the agency's Notice of Intent.
Please note that a copy of the adopted Monroe County Comprehensive Plan amendment
and the Notice of Intent must be available for public inspection Monday through Friday, except
for legal holidays, during normal business hours at the Monroe County Planning Department,
2798 Overseas Highway, Suite 400, Marathon, Florida 33050.
2565 SHUMARD OAK BOULEVARD • TALLAHASS E, FL 32399-2100
850-488-8466 (p) • 850-921-0781 (f) • Websile° +vww dt.a.sPae !1 us
• COMMUNITY PLANK°raNQ 050«188.2356Ipg S&O.480.3309 (f) ♦ FLORIDA COMMUNITIES TRUST 850-9222207 (p) 8501921-I,4i (r}
0 HOUSING AND COMMUNITY DEVELOPMENT 050.18&7956 (p) 050.922.5623 (I) 6
The Honorable Sylvia Murphy
December 10, 2009
Page 2
If this in compliance determination is challenged by an affected person, you will have the
option of mediation pursuant to Subsection 163.3189(3)(a), F.S. If you choose to attempt to
resolve this matter through mediation, you must file the request for mediation with the
administrative law judge assigned by the Division of Administrative Hearings. The choice of
mediation will not affect the right of any party to an administrative hearing.
If you have any questions, please contact Rebecca Jetton, Administrator of the Areas of
Critical State Concern at (850) 922-1766.
Sincere! ,
Mike McDaniel, Chief
Office of Comprehensive Planning
MM/sl
Enclosure: Notice of Intent
cc: Mr. Townsley Schwab, Director of Planning and Environmental Services
Ms. Carolyn A. Dekle Executive Director, South Florida Regional Planning Council
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
NOTICE OF INTENT TO FIND
MONROE COUNTY
COMPREHENSIVE PLAN AMENDMENT
IN COMPLIANCE
DOCKET NO. 09-2-NOI-440 I -(A)-(I)
The Department gives notice of its intent to fmd the Amendment to the Comprehensive Plan
for Monroe County, adopted by Ordinance Nos. 034-2009 and 035-2009 on October 2-2, 2009, IN
COMPLIANCE, pursuant to Sections 163.3184, I63.3I87, I63.3I89, 380.05 and 380.0552, F.S.
The adopted Monroe County Comprehensive Plan Amendment and the Department's Objections,
Recommendations and Comments Report (if any) are available for public inspection Monday through Friday
except for legal holidays, during normal business hours, at the Monroe County Growth Management '
Division, 2798 Overseas Highway, Suite 400, Marathon, Florida 33050.
Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an administra-
tive hearing to challenge the proposed agency determination that the Amendment to Monroe County
Comprehensive Plan is In Compliance, as defied in Subsection 163.3184(1), F.S. The petition must be
filed within twenty-one (21) days after publication of this notice, and must include all of the information and
contents described in Uniform Rule 28-106.20I, F.A.C. The petition must be filed with the Agency Clerk,
Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, and a
copy mailed or delivered to the local government. Failure to timely file a petition shall constitute a waiver of
any right to request an administrative proceeding as a petitioner under Sections 120.569 and 120.57, F.S. If
a petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and
forward a recommended order to the Department. If no petition is filed, this Notice of intent shall become
final agency action.
If a petition is filed, other affected persons may petition for leave to intervene in the proceeding.
A petition for intervention must be filed at least twenty (20) days before the final hearing and must include
all of the information and contents described in Uniform Rule 28-106.205, F.A.C. A petition for leave to
intervene shall be filed at the Division of Administrative Hearin
1230 A Hearings, Department of Management Services,
palachee Parkway, Tallahassee, Florida 32399-3060. Failure to petition to intervene within the
allowed time frame constitutes a waiver of arty right such a person has to request a hearing under Sections
120.569 and 120.57, F.S., or to participate in the administrative hearing.
After an administrative hearing petition is timely Bled, mediation is available pursuant to Subsection
163.3189(3)(a), F.S., to any affected person who is made a party to the proceeding by filing that request with
the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation
shall not affect a party's right to an administrative hearing.
Mike cDaniel, Chre
Office of Camprehens ive Planning
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 3 23 99-2 100
28-20.140 Comprehensive Plan.
(1) The Monroe County Comprehensive Plan Policy Document, as the same exists on January 1, 2011, is hereby amended to
read as follows:
(2) Policy 101.2.13 Monroe County Work Program Conditions and Objectives.
(a) Monroe County shall establish and maintain a Permit Allocation System for new residential development. The Permit
Allocation System shall supersede Policy 101.2,1.
(b) The number of permits issued annually for residential development under the Rate of Growth Ordinance shall not exceed a
total annual unit cap of 197, plus any available unused ROGO allocations from a previous ROGO year. Each year's ROGO
allocation of 197 units shall be split with a minimum of 71 units allocated for affordable housing in perpetuity and market rate
allocations not to exceed 126 residential units per year. Unused ROGO allocations may be retained and made available only for
affordable housing and Administrative Relief from ROGO year to ROGO year. Unused allocations for market rate shall be available
for Administrative Relief. Any unused affordable allocations will roll over to affordable housing. A ROGO year means the twelve-
month period beginning on July 13.
(c) This allocation represents the total number of allocations for development that may be issued during a ROGO year. No
exemptions or increases in the number of allocations may be allowed, other than that which may be expressly provided for in the
comprehensive plan or for which there is an existing agreement as of September 27, 2005, for affordable housing between the
Department and the local government in the critical areas.
(d) Through the Permit Allocation Systems, Monroe County shall direct new growth and redevelopment to areas served or that
would be served by a central sewer system by December 2015 that has committed or planned funding. Committed or planned
funding is funding that is financially feasible and reflected in a Capital Improvements Element approved by the Department of
Community Affairs. Prior to the ranking and approval of awards for an allocation authorizing development of new principal
structures, Monroe County, shall coordinate with the central wastewater facility provider and shall increase an applicant's score by
four points for parcels served by a collection line within a central wastewater facility service area where a central wastewater
treatment facility has been constructed that meets the treatment standards of Section 403.086(10), F.S., and where treatment capacity
is available. The points shall only be awarded if a construction permit has been issued for the collection system and the parcel lies
within the service area of the wastewater treatment facility.
(3) Reporting and Oversight.
(a) Beginning November 30, 2011, Monroe County and the Department of Community Affairs shall annually report to the
Administration Commission documenting the degree to which the work program objectives for the work program year have been
achieved. The Commission shall consider the findings and recommendations provided in those reports and shall determine whether
progress has been achieved. If the Commission determines that progress has not been made, the unit cap for residential development
shall be reduced by 20 percent for the following ROGO year.
(b) If the Commission determines that progress has been made for the work program year, then the Commission may restore the
unit cap for residential development for the following year up to a maximum of 197 allocations per ROGO year.
exist. (c) Notwithstanding any other date set forth in this plan, the dates set forth in the work program shall control where conflicts
(d) Wastewater treatment and disposal in Monroe County is governed by the requirements of Sections 381.0065(4) and
403.086(10), F.S. Nothing in this rule shaII be construed to limit the authority of the Department of Environmental Protection or the
Department of Health to enforce Sections 381.0065(4) and 403.086(10), F.S.
(4) Policy 216.1.19. Hurricane Modeling.
For the purposes of hurricane evacuation clearance time modeling purposes, clearance time shall begin when the Monroe County
Emergency Management Coordinator issues the evacuation order for permanent residents for a hurricane that is classified as a
Category 3-5 wind event or Category C-E surge event. The termination point shall be U.S. Highway One and the Florida Turnpike
in Homestead/Florida City.
(5) WORK PROGRAM.
(a) Carrying Capacity Study Implementation.
1. By July 1, 2012, Monroe County shall adopt the conservation planning mapping (the Tier Zoning Overlay Maps and System)
into the Comprehensive Plan based upon the recommendations of the Tier Designation Review Committee with the adjusted Tier
boundaries.
2. By July 1, 2012, Monroe County shall adjust the Tier I and Tier ILIA (SPA) boundaries to more accurately reflect the criteria
for that Tier as amended by Final Order DCA07-GM166 and implement the Florida Keys Carrying Capacity Study, utilizing the
updated habitat data, and based upon the recommendations of the Tier Designation Review Committee Work Group.
3. By July 1, 2012, Monroe County shall create Goal 106 to complete the 10 Year Work Program found in Rule 28-20.110,
F.A.C., and to establish objectives to develop a build -out horizon in the Florida Keys and adopt conservation planning mapping into
the Comprehensive Plan.
4. By July 1, 2012, Monroe County shall create Objective I06.2 to adopt conservation planning mapping (Tier Maps) into the
Monroe Comprehensive Plan based upon the recommendations of the Tier Designation Review Committee Work Group,
5. By July 1, 2012, Monroe County shall adopt Policy I06.2.1 to require the preparation of updated habitat data and establish a
regular schedule for continued update to coincide with evaluation and appraisal report timelines.
6. By July I, 2012, Monroe County shall adopt Policy I06.2.2 to establish the Tier Designation Work Group Review Committee
to consist of representatives selected by the Florida Department of Community Affairs from Monroe County, Florida Fish &
Wildlife Conservation Commission, United States Fish & Wildlife Service, Department of Environmental Protection and
environmental and other relevant interests. This Committee shall be tasked with the responsibility of Tier designation review
utilizing the criteria for Tier placement and best available data to recommend amendments to ensure implementation of and
adherence to the Florida Keys Carrying Capacity Study. These proposed amendments shall be recommended during 2009 and
subsequently coincide with the £valuation and Appraisal report timelines beginning with the second Evaluation and Appraisal
review which follows the adoption of the revised Tier System and Maps as required above adopted in 2011. Each evaluation and
appraisal report submitted foIIowing the 2011 evaluation and appraisal report shall also include an analysis and recommendations
based upon the process described above.
7. By July 1, 2012 and each July thereafter, Monroe County and the Monroe County Land Authority shall submit a report
annually to the Administration Commission on the land acquisition funding and efforts in the Florida Keys to purchase Tier I and
Big Pine Key Tier lI lands and the purchase of parcels where a Monroe County building permit allocation has been denied for four
(4) years or more. The report shall include an identification of all sources of funds and assessment of fund balances within those
sources available to the County and the Monroe County Land Authority.
8. By July 1, 2012, Monroe County shall adopt Land Development Regulations to require that administrative relief in the form
of the issuance of a building permit is not allowed for lands within the Florida Forever targeted acquisition areas or Tier 1 Iands
unless, after 60 days from the receipt of a complete application for administrative relief, it has been determined the parcel will not be
purchased by any county, state, federal or any private entity. The County shall develop a mechanism to routinely notify the
Department of Environmental Protection of upcoming administrative relief requests at least 6 months prior to the deadline for
administrative relief.
9. By July 1, 20I2, in order to implement the Florida Keys Carrying Capacity Study, Monroe County shall adopt a
Comprehensive Plan Policy to discourage private applications for future land use changes which increase allowable
density/intensity.
I0. By July 1, 2011, Monroe County shall evaluate its Iand acquisition needs and state and federal funding opportunities and
apply annuaIIy to at least one state or federal land acquisition grant program.
I I. By July 1, 2012, Monroe County shall enter into a memorandum of understanding with the Department of Community
Affairs, Division of Emergency Management, Marathon, lslamorada, Key West, Key Colony Beach, and Layton after a notice and
l
comment period of at Ieast 30 days for interested parties. The memorandum of understanding shaII stipulate, based on professionaly
acceptable data and analysis, the input variables and assumptions, including regional considerations, for utilizing the Florida Keys
Hurricane Evacuation Model or other models acceptable to the Department to accurately depict evacuation clearance times for the population of the Florida Keys.
12. By July I, 20I2, the Florida Keys Hurricane Evacuation Model shall be run with the agreed upon variables from the
memorandum of understanding to complete an analysis of maximum build -out capacity for the Florida Keys Area of Critical State
Concern, consistent with the requirement to maintain a 24-hour evacuation clearance time and the Florida Keys Carrying Capacity
Study constraints. This analysis shall be prepared in coordination with the Department of Community Affairs and each municipality
in the Keys.
13. By July 1, 2012, the County and the Department of Community Affairs shall update the data for the Florida Keys Hurricane
Evacuation Model as professionally acceptable sources of information are released (such as the Census, American Communities
Survey, Bureau of Economic and Business Research, and other studies). The County shall also evaluate and address appropriate
adjustments to the hurricane evacuation model within each Evaluation and Appraisal Report.
14. By July 1, 2012, the Department of Community Affairs shall apply the derived clearance time to assess and determine the
remaining allocations for the Florida Keys Areas of Critical State Concern. The Department will recommend appropriate revisions
to the Administration Commission regarding the allocation rates and distribution of allocations to Monroe County, Marathon,
Islamorada, Key West, Layton and Key Colony Beach or identify alternative evacuation strategies that support the 24 hour
evacuation clearance time. If necessary, the Department of Community Affairs shall work with each local government to amend the
Comprehensive Plans to reflect revised allocation rates and distributions or propose rule making to the Administration Commission.
15. By July 1, 2013, if necessary, the Department of Community Affairs shall work with each local government to amend the
Comprehensive Plan to reflect revised allocation rates and distribution or propose rule making to the Administration Commission.
(b) Wastewater Implementation.
1. By July 1, 2011, Monroe County shall annuaIIy evaluate and allocate funding for wastewater implementation. Monroe
County shall identify any funding in the annual update to the Capital Improvements Element of the Comprehensive Plan.
2. By December 1, 2013, Monroe County shall work with the owners of wastewater facilities and onsite systems throughout the
County and the Department of Health (DOH) and the Department of Environmental Protection (DEP) to fulfill the requirements of
Sections 403.086(I0) and 381.0065(3)(h) and (4X1), F.S., regarding implementation of wastewater treatment and disposal. This will
include coordination of actions with DOH and DEP to notify owners regarding systems that will not meet the 2015 treatment and
disposal standards.
3. By July 1, 2011, Monroe County shall annually draft a resolution requesting the issuance of $50 million of the $200 million
of bonds authorized under Section 215.619, F.S., and an appropriation of sufficient debt service for those bonds, for the construction
of wastewater projects within the Florida Keys.
4. By July 1, 2011, Monroe County shall develop a mechanism to provide accurate and timely information and establish the
County's annual funding allocations necessary to provide evidence of unmet funding needs to support the issuance of bonds
authorized under Section 215.619, F.S., and to assure the timely completion of work as necessary to fulfill any terms and conditions
associated with bonds.
5. By July 1, 2011, Monroe County shall evaluate its wastewater needs and state and federal funding opportunities and apply
annually to at Ieast one state or federal grant program for wastewater projects and connections.
6. By July 1, 2011, Monroe County shall develop and implement local funding programs necessary to timely fund wastewater
construction and future operation, maintenance and replacement of facilities.
7. By December 1, 2013, the County shaII provide a report of addresses and the property appraiser's parcel numbers of any
property owner that fails or refuses to connect to the central sewer facility within the required timeframe to the Monroe County
Health Department, Department of Environmental Protection, and the Department of Community Affairs. This report shall describe
the status of the County's enforcement action.
(c) Wastewater Project Implementation.
1. Key Largo Wastewater Treatment Facility. Key Largo Wastewater Treatment District is responsible for wastewater treatment
in its service area and the completion of the Key Largo Wastewater Treatment Facility.
a. By July 1, 20I2, Monroe County shall complete construction of the South Transmission Line;
b. By July 1, 2013, Monroe County shall complete design of CoIIection basin C, E, F, G, H, 1, J, and K;
c. By July 1, 2012, Monroe County shall complete construction of Collection basins E-H;
d. By December 1, 2011, Monroe County shall schedule construction of Collection basins 1-K;
e. By July 1, 2011, Monroe County shall complete construction of CoIIection basins I-K;
f. By July 1, 2011, Monroe County shall complete 50% of hook-ups to Key Largo Regional WWTP;
g. By July 1, 2012, Monroe County shall complete 75% of hook-ups to Key Largo Regional WWTP;
h. By July 1, 2013, Monroe County shall complete aII remaining connections to Key Largo Regional WWTP.
2. Hawk's Cay, Duck Key and Conch Key Wastewater Treatment Facility.
a. By July 1, 2012, Monroe County shaII complete construction of Hawk's Cay WWTP upgrade/expansion, transmission, and
collection system;
b. By July 1, 2013, Monroe County shall complete construction of Duck Key collection system;
c. By July 1, 2012, Monroe County shall initiate property connections to Hawk's Cay WWTP;
d. By December 1, 2012, Monroe County shall complete 50% of hook-ups to Hawk's Gay WWTP;
e. By July 1, 2013, Monroe County shall complete 75% of hook-ups to Hawk's Cay WWTP; and
f. By July I, 2014, Monroe County shall complete all remaining connections to Hawk's Cay WWTP.
3. South Lower Keys, Wastewater Treatment Facility (Big Coppitt Regional System).
a. By July 1, 2012, Monroe County shall complete 75% hookups to South Lower Keys WWTP; and
b. By July I, 2013, Monroe County shall complete all remaining connections to the South Lower Keys WWTP.
4. Cudjoe Regional Wastewater Treatment Facility.
a. By July 1, 2011, Monroe County shall complete planning and design documents for the Cudjoe Regional Wastewater
Treatment Facility, the Central Area (Cudjoe, Summerland, Upper Sugarloaf) collection system and the Central Area Transmission
Main;
b. By October 1, 2012, Monroe County shall initiate construction of Wastewater Treatment Facility, Central Area Collection
System and Central Area Transmission Main,
c. By July 1, 2014, Monroe County shall initiate construction of Wastewater Treatment Facility, Central Area Collection
System and Central Area Transmission Main;
d. By February 1, 2012, Monroe County shall complete construction of Wastewater Treatment, Outer Area Collection System
and Transmission Main;
e. By February 1, 2015, Monroe County shall complete construction of Outer Area collection and transmission main;
f. By July 1, 2014, Monroe County shall initiate property connections — complete 25% of hook-ups to Cudjoe Regional WWTP;
g. By July 1, 2015, Monroe County shall complete 50% of hook-ups to Cudjoe Regional WWTP; and
h. By December 1, 2015, Monroe County shall complete remaining hook-ups to Cudjoe Regional WWTP.
(d) Stormwater Treatment Facilities.
1. By July 1, 2011, Monroe County shall evaluate and allocate funding for stormwater implementation. Monroe County shall
identify any funding in the annual update to the Capital Improvements Element of the Comprehensive Plan.
2. By July 1, 2011, Monroe County shall apply for stormwater grants from the South Florida Water Management District.
3. By July 1, 2011, Monroe County shall complete Card Sound Road stormwater improvements.
RulemakrngAuthoriry 380.0552(9), 380.05(22) FS Law Implemented 380.0552 FS. History_,Vew 6-17-11.
1
2
3 ORDINANCE NO. - 2012
4
5 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
6 AMENDING MONROE COUNTY CODE SECTIONS 138-27, ADMINISTRATIVE RELIEF
7 AND 138-54, ADMINISITRATIVE RELIEF, PRECLUDING THE GRANTING OF
8 ADMINISTRATIVE RELIEF IN THE FORM OF THE ISSUANCE OF A BUILDING
9 PERMIT FOR LANDS WITHIN THE FLORIDA FOREVER TARGETED ACQUISITION OR
10 TIER I LAND AREAS UNLESS, AFTER 60 DAYS FROM THE RECEIPT OF A COMPLETE
11 APPLICATION FOR ADMINISTRATIVE RELIEF, IT HAS BEEN DETERMINED THE
12 PARCEL CANNOT BE PURCHASED FOR CONSERVATION PURPOSES BY ANY
13 COUNTY, STATE OR FEDERAL AGENCY OR ANY PRIVATE ENTITY; PROVIDING
14 FOR NOTIFICATION OF ADMINISTRATIVE RELIEF REQUESTS TO THE
15 DEPARTMENT OF ENVIRONMENTAL PROTECTION; PROVIDING FOR
16 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
17 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND
18 THE SECRETARY OF STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR AN
19 EFFECTIVE DATE.
20
21
22
23 WHEREAS, the Florida Administration Commission adopted Rule 28-20.140, Florida
24 Administrative Code (F.A.C.), which fiurther implements Section 380.0552(4) of the Florida
25 Statutes. The adopted Rule requires Monroe County to report annually to the Administration
26 Commission, describing its progress in completing the remaining Work Program tasks as
27 depicted in the Monroe County Year 2010 Comprehensive Plan Policy 101.2.13; and
28
29 WHEREAS, prior to the adoption of Rule 28-20.140, F.A.C., Monroe County was
30 subject to the provisions of Rule 28-20.110, F.A.C., which included Work Program tasks Year 6,
31 Task C; and Year 8, Task F, requiring a new policy regarding carrying capacity and habitat
32 protection be created and transmitted to the State Land Planning Agency; and
33
34 WHEREAS, Rule 28-20.110, F.A.C., Work Program, Year 6, Task C stated "Implement
35 the carrying capacity study by, among other things, the adoption of all necessary plan
36 amendments to establish a rate of growth and a set of development standards that ensure that any
37 and all new development does not exceed the capacity of the county's environment and marine
38 system to accommodate additional impacts;" and
39
40 WHEREAS, Rule 28-20.110, F.A.C., Work Program, Year Eight (8), Task F stated
41 "Adopt amendments to the comprehensive plan and land development regulations to enact
Page I of 6
I overlay designations, and eliminate or revise the Habitat Evaluation Index, and modify the
2 ROGO/NROGO system to guide development away from environmentally sensitive lands;" and
3
4 WHEREAS, in accordance with Draft Rule 28-20.140, F.A.C., a new Comprehensive
5 Plan Policy 101.6.6 was adopted by the Board of County Commissioners on October 22, 2009, to
6 preclude the granting of administrative relief in the form of the issuance of a building permit for
7 lands within the Florida Forever targeted acquisition or Tier I lands areas unless, after 60 days
8 from the receipt of a complete application for administrative relief, if it has been determined the
9 parcel cannot be purchased for conservation purposes by any county, state or federal agency or
10 any private entity. The Policy also requires that the County shall routinely notify Department of
11 Environmental Protection of upcoming administrative relief requests at least 6 months prior to
12 the deadline for administrative relief.
13
14 WHEREAS, the Florida Administrative Commission and the Florida Legislature adopted
15 Rule 28-20.140, F.A.C., in 2011. Rule 28-20.140(5)8, F.A.C., includes a new work program
16 which requires that by "July 1, 2012, Monroe County shall adopt Land Development Regulations
17 to require that administrative relief in the form of the issuance of a building permit is not allowed
18 for lands within the Florida Forever targeted acquisition areas or Tier I lands unless, after 60
19 days from the receipt of a complete application for administrative relief, it has been determined
20 that the parcel will not be purchased by any county, state, federal or any private entity. The
21 County shall develop a mechanism to routinely notify the Department of Environmental
22 Protection of upcoming administrative relief requests at least 6 months prior to the deadline for
23 administrative relief."
24
25 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
26 COMMISSIONERS OF MONROE COUNTY:
27
28 Section 1. Section 138-27 of the Monroe County Code is amended as follows (deletions are
29 stfieken dire and additions are underlined):
30
31 Sec.138-27. Administrative Relief (ROGO).
32 (a) Eligibility. An applicant for an allocation award is eligible for administrative relief if:
33 (1) The application complies with all requirements of the dwelling unit allocation
34 system;
35 (2) The application was considered in the first 16 consecutive quarterly allocation
36 periods; and
37 (3) The applicant has not received an allocation award.
38
39 (b) Notification of eligibility. Within 30 days of the finalization of evaluation rankings by
40 the planning commission, any applicant determined to be eligible for administrative relief
41 pursuant to subsection (a) of this section shall be notified of the applicant's eligibility for
42 administrative relief by certified mail, return receipt requested.
43
44 (c) Application. An application for administrative relief shall be made on a form prescribed
45 by the dir-eeter- a planning director and may be filed with the planning and environmental
Page 2 of 6
I resources department no earlier than the conclusion of the 16th quarterly allocation period
2 and no later than 180 days following the close of the 16th quarterly allocation period.
3
4 (d) Exceptions. Monroe County shall preclude the wanting of administrative relief in the
5 form of the issuance of a building�ermit for lands within the Florida Forever targeted
6 acquisition or Tier I land areas unless, after 60 days from the receipt of a complete
7 application for administrative relief, it has been determined the parcel can not be purchased
8 for conservation pWoses by any coup state or federal agency or any private entity. The
9 County shall routinely notify the Department of Environmental Protection of upcoming,
10 administrative relief requests at least 6 months prior to the deadline for administrative
11 relief
12
13 (d) Le) Forwarding application to board of county commissioners. Upon the filing of an
14 application for administrative relief, the director of planning shall forward to the board all
15 relevant files and records relating to the subject applications. Failure to file an application
16 shall constitute a waiver of any rights under this section to assert that the subject property
17 has been taken by the county without payment of just compensation as a result of the
18 dwelling unit allocation system.
19
20 (e) M Public hearing. Upon receipt of an application for administrative relief, the board
21 shall notice and hold a public hearing at which the applicant will be given an opportunity to
22 be heard. The board may review the relevant applications and applicable evaluation
23 ranking, taking testimony from county staff and others as may be necessary and hear
24 testimony and review documentary evidence submitted by the applicant.
25
26 (f) (g) Boarder of county commissioners action. At the conclusion of the public hearing,
27 the board of county commissioners may take any or a combination of the following actions:
28 (1) Offer to purchase the property at its fair market value as its preferred action if the
29 property is located within:
30 a. A designated tier I area;
31 b. A designated tier II area (Big Pine Key and No Name Key);
32 c. A designated tier III -A area (special protection area); or
33 d. A designated tier III area on a nonwaterfront lot suitable for affordable
34 housing.
35 (2) Grant the applicant an allocation award for all or a number of dwelling units
36 requested in the next succeeding quarterly allocation period or extended pro rata over
37 several succeeding quarterly allocation periods as the preferred action for buildable
38 properties not meeting any of the criteria in subsection (f)(1) of this section.
39 (3) Suggest or provide such other relief as may be necessary and appropriate.
40
41 (g) lWi Limits on administrative allocations per quarter. The number of allocations that
42 may be awarded under administrative relief in any one quarter shall be no more than 50
43 percent of the total available market rate allocations available in a quarter for that subarea.
44 Any allocations in excess of 50 percent shall be extended into the succeeding quarter or
45 quarters until the number of such allocations is 50 percent or less of the total number of
46 market rate allocations available to be awarded.
Page 3 of 6
2 Section 2. Section 138-54 of the Monroe County Code is amended as follows (deletions are
3 �e�gl}
4 and additions are underlined):
5 Sec.138-54. Administrative Relief (NROGO).
6
7 (a) Eligibility. An applicant is eligible for administrative relief under the provisions of this
8 section if all the following criteria are met:
9 (1) The applicant has complied with all requirements of the nonresidential permit
10 allocation system;
11 (2) The subject application has not been withdrawn; and
12 (3) The subject application has been considered in the first four consecutive
13 annual allocation periods and has failed to receive an allocation award.
14
15 (b) Application. An application for administrative relief shall be made on a form prescribed
16 by the dimeter-of planning director and may be filed with the planning and environmental
17 resources department no earlier than the conclusion of the fourth allocation period and no
18 later than 120 days following the close of the fourth annual allocation period.
19
20 (c) Waiver of rights. Failure to file an application shall constitute a waiver of any rights
21 under this section to assert that the subject property has been taken by the county without
22
23 payment of just compensation as a result of the nonresidential floor area allocation system.
24 d Excentions. Monroe Count V,531hall I
Dreclude the antin of administrative relief in the
25 form of the issuance of a buildigig permit for lands within the Florida Forever tar eted
26 ac uisition or Tier I land areas unless after 60 da s from the recei t of a com fete
27 a lication for administrative relief it has been determined th iarcel can not be urchased
28 for conservation u oses by any count y, state or federal agency or iy nvate entit .The
29 County shall routinely noti the D artment of Environmental Protection of u cumin
30 administrative relief Leqiuests at least 6 months Drior to the deadline for administrative
31 relief.
32
33 (d) U Processing and review by planning director. Upon the filing of an application for
34 administrative relief, the director of planning shall prepare a written report with
35 recommendation and forward the report to the board of county commissioners along with
36 all relevant files and records relating to the subject application. The planning director shall
37 advertise and schedule a public hearing for consideration of the application by the board of
38 county commissioners.
39
40 (e) (f Public hearing. At a public hearing, the board of county commissioners may review
41 the relevant application and application evaluation ranking, taking testimony from county
42 staff and others as may be necessary and review documentary evidence submitted by the
43 applicant.
44
45 (4) (g) Board of cO MtY commissioners action. At the conclusion of the public hearing, the
46 board of county commissioners may take any or a combination of the following actions:
Page 4of6
1 (1) Offer to purchase the property at fair market value as the preferred action if the
2 property is location within:
3 a. A designated tier I area;
4 b. A designated tier II area (Big Pine Key and No Name Key);
5 c. A designated tier III -A area (special protection area); or
6 d. A designated tier III area on a nonwaterfront lot suitable for affordable
7 housing.
8 (2) Grant the applicant an allocation award for all or part of the nonresidential floor area
9 requested in the next allocation award as the preferred option for buildable properties not
10 meeting the criteria in subsection (f)(1) of this section.
11 (3) Suggest such other relief as may be necessary and appropriate.
12
13 Section 3. Severability.
14 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
15 adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
16 impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
17 confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
18 involved in the controversy in which such judgment or decree shall be rendered.
19
20 Section 4. Conflicting Provisions.
21 In the case of direct conflict between any provision of this ordinance and a portion or provision
22 of any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall
23 apply.
24
25 Section 5. Transmittal.
26 This ordinance shall be transmitted by the Clerk to the Florida State Land Planning Agency as
27 required by Section 380.05(6) and (11), F.S. and Section 389.0552(9), F.S.
28
29 Section 6. Codification.
30 The provision of this ordinance shall be included and incorporated in the Code of Ordinances of
31 Monroe County, Florida, as an addition or amendment thereto, and shall be appropriately
32 renumbered to conform to the uniform numbering system of the Code.
33
34 Section 7. Filinu.
35 This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
36 become effective until a notice is issued by the Florida State Land Planning Agency or
37 Administration Commission approving the ordinance.
38
39 Section 8. Effective Date.
40 This ordinance shall become effective as provided by law and stated above.
41
42
43 (REMAINDER OF PAGET TO BE BLANK)
44
45
46
Page 5 of 6
I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
2 Florida, at a regular meeting held on the day of , 2012.
3
4 Mayor David Rice
5 Mayor pro tem Kim Wigington
6 Commissioner Heather Carruthers
7 Commissioner Sylvia Murphy
8 Commissioner George Neugent
9
10 BOARD OF COUNTY COMMISSIONERS
11 OF MONROE COUNTY, FLORIDA
12
13 BY
14 Mayor David Rice
15 (SEAL)
16
17 ATTEST: DANNY L. KOLHAGE, CLERK
18
19
20 DEPUTY CLERK
+MON COUNTY
P VED AS 70 FO�MEY
ap :,
Page 6 of 6