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Item B1 I .. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 22. 2009 Division: Growth Management Bulk Item: Yes: No: X Denartment: Planning & Environmental Resources Dept. Staff Contact Person: Susan Grimslev II Acting Growth Management Director AGENDA ITEM WORDING: A public hearing to consider the adoption of an ordinance, creating Policy 101.6.6 of the Monroe County Year 2010 Comprehensive Plan and amending the ROGO and NROGO administrative relief procedures. ITEM BACKGROUND: The proposed amendment creates Policy 101.6.6 prohibiting allocation awards for lands located in Florida Forever acquisition areas or Tier 1 designations under certain circumstances and requiring Monroe County to notify the Department of Environmental Protection of upcoming administrative relief requests. This amendment is required as part of the requirements under Florida Administration Commission (p.A.C.) Rule 28-20.140. This item is part of 09-02 Momoe County Comprehensive Plan Amendment Package. This Package was transmitted to the Florida Department of Community Affairs on June 2, 2009. Staff received the Objections, Recommendations and Comments report for the Package. The DCA provided no objections, recommendations or comments regarding this amendment. PREVIOUS RELEVANT BOCC ACTION: BOCC Transmittal to DCA, July 13, 2009 CONTRACf/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: nla INDIRECT COST: BUDGETED: Yes _No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Atty --L- OMBlPurchasing _ Risk Management_ DOCUMENTATION: Included x Not Required_ DISPOSITION: AGENDA ITEM # B.l Revised 7/09 MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE - 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 (FA.C.) is proposing new Rule 28-20.130 implementing Section 380.0552(4) of the Florida Statutes. The proposed rule requires Monroe County to report annually to the Administration Commission, describing its progress in completing the remaining 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.C 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 ROGOINROGO 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 fonn 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 relief, 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 reliet: 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 fmite 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 reliefhave 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 3. The proposed amendment is consistent with the Key Largo Livable CommuniKeys Plan, as follows: a. Goal One (I) and Goal Five (5) encourages the preservation of environmentally sensitive 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: 1. Goal 1 encourages conservation and protection of environmentally sensitive lands 2. Goal 2 minimizes the impacts on endangered species 3. 00al9 implements a land acquisition program that is fair to willing sellers 4. Goal 10 protects and manages natural resources s. The proposed amendment is consistent with Monroe County Code Sections 138.27(f) and 138.54(f) which otTer a fair market value purchase price for property owners in administrative relief for lands in designated areas 6. Pursuant to Chapter 380-0552(7) Florida Statutes, the proposed amendment is consistent with the Principles for Guiding Development 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 IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: [Amendments are presented in strilcethreugh to indicate deletions and underline to indicate additions to text. All other words, characters, and language of this subsection remain unamended.] Section 1. The Monroe County Year 2010 Comprehensive Plan is hereby amended to include the following policy: Policy 101.6.6 Monroe County shall preclude the grantin2 of administrative relief in the fonn of the issuance of a buildin2 permit for lands within the Florida Forever targeted acquisition or Tier I lands areas unless. after 60 days from the receipt of a complete apj)lication for administrative reliet: it has been determined the parcel can not be purchased for conservation pw:poses by anv county. state or federal aiency or any private entity. The County shall routinely notify Department of Environmental Protection of upcoming administrative relief requests at least six (6) months prior to the deadline for administrative relief: Section 2. 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. Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. This ordinance shall be transmitted by the Planning Department to the Department of Community Affairs pursuant to Chapters 163 and 380, Florida Statutes. Section 5. 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 this ordinance. Section 6. When effective, this amendment shall be incorporated into the Monroe County Year 2010 Comprehensive Plan. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting held on the _ day of _ 2009. Mayor George Neugent Mayor Pro Tern Sylvia Murphy Commissioner Kim Wigington Commissioner Heather Carruthers Commissioner Mario Oi Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor George Neugent (SEAL) ATTEST: D~L.KOLHAGE,CLERK DEPUTY CLERK "; 0r~~~~;:: ~' ' ~~;t~ <.. > .J~ 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 To: Through: From: Date: RE: MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional andfair Monroe County Board of County Commissioners Susan Grimsley, Aeting Growth Management Director Townsley Schwab, Director of Planning & Environmental Resources Kathy Grasser, Comprehensive Planner October 2, 2009 Request to create new Monroe COlllJty Year 2010 Comprehensive Plan Policy 101.6.6 amending the ROGO IInd NROGO administrative relief procedures by prohibiting aUocati01J awards for lands located in Florida Forever acquisition areas or Tier 1 designations under certain circlUllStllllCeS; requ.iring Monroe County to notify the Department of Environmental Protection of upcoming administrative relief request! Meeting: Oetober 22, 2009 I. REQUEST: The Florida Administration Commission (F.A.C.) is proposing new Rule 28-20.130 implementing Section 380.0552(4) of the Florida Statutes. The rule requires Monroe County to report annually to the F.A.C. describing its progress in completing the remaining work program tasks. The work program tasks are outlined in the Monroe County Year 2010 Comprehensive Plan Policy 101.2.13 and Rule 28-20.110 Florida Administrative Code. This amendment is required as part of the requirements under Florida Administration Commission (F.A.C.) Rule 28-20.140. This item is part of 09-02 Monroe County Comprehensive Plan Amendment Package. This Package was transmitted to the Florida Department of Community Affairs on June 2, 2009. Staff received the Objections, Recommendations and Comments report for the Package. The DCA provided no objections, recommendations or comments regarding this amendment. As part of the progress and to assist in completing Work Program tasks Year 6, Task C; and Year 8, Task F, a new policy regarding carrying capacity and habitat protection must be created and transmitted to the Department of Community Affairs (DCA) prior to July 31, 2009. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 n. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Work Program Year 6, Task C implements the carrying capacity study and the adoption of Monroe County Year 2010 Comprehensive Plan amendments establishing a rate of growth and development standards ensuring development does not exceed the county's environmental and marine system capacity while accommodating additional impacts. Work Program Year 8, Task F requires amendments to be adopted to the Monroe County Year 2010 Comprehensive Plan and Monroe County Land Development Regulations enacting overlay designations, eliminating or revising the Habitat Evaluation Index and modifying the ROGO/NROGO system to guide development away from environmentally sensitive lands. The Monroe County Year 2010 Comprehensive Plan is proposed to be amended to include the following: Section 1: New Policy 101.6.6 is created as follows: Policy 101.6.6 Monroe County shall 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 apnlication for administrative reliet: it has been determined the parcel can not be nurchased for conservation putpOses by any county.. state or federal agency or any private entity. The Countv shall routinely notify Department of Environmental Protection of uDcominSZ administrative relief requests at least six (6) months prior to the deadline for administrative relief. ANALYSIS A. Consistency of the proposed amendment with the provisions and intent of Monroe County Year 2010 Comprehensive Plan Monroe County Year 2010 Comprehensive Plan Goal 101 considers the health and safety of people and protection of natural resources. Goal 10S recognizes the finite capacity for land development while balancing development with the natural environment. Policy 105.1 implements smart growth initiatives with the CommuniKeys Master Plans and Land Acquisition Programs. Policy 105.2.12 emphasizes the best form of relief are purchase offers. Policy 101.2.14 states the county shall offer to purchase land in the Conservation and Recreation Lands (CARL) boundary or the National Wildlife Refuge after the applicant was denied a ROGO allocation and applied for administrative reliet: Policy 101.6 requires Monroe County Land Authority's land acquisition program to purchase land from property owners who have been denied a building permit allocation. Policy 101.6.1 offers fair market value on property if a building permit was denied for four (4) consecutive years, the building plan design followed all applicable regulations, the building permit has not been withdrawn and all procedures for administrative relief have been followed. Policy 101.6.5 and Policy 105.2.12 state the preferred purchase method for administrative relief is a purchase offer from the county, state or other land acquisition agency in designated areas. New Comprehensive Plan Policy 101.6.6 Adoption Hearing Page 2 of8 Board of County Commissioners October 22, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 3S 36 37 38 39 40 41 42 43 44 45 46 1. Pursuant to Monroe County Year 2010 Comprehensive Plan, Goal 101 which states Monroe County "shall manage future growth to enhance the quality of life, ensure the safety of County residents and visitors, and protect valuable natural resources. " 2. Pursuant to Year 2010 Monroe County Comprehensive Plan, Goal 105 which states Monroe County "shall undertake a comprehensive land acquisition program and smart growth initiatives in conjunction with its Livable CommuniKeys Program in a manner that recognizes the finite capacity for new development in the Florida Keys by providing economic and housing opportunities for residents without compromising the biodiversity of the natural environment and the continued ability of the natural and manmade systems to sustain livable communities in the Florida Keys for future generations." 3. Pursuant to Year 2010 Monroe County Comprehensive Plan, Goal 105.1 which states "Monroe County shall implement smart growth initiatives in conjunction with its Livable CommuniKeys and Land Acquisition Programs which promote innovative and flexible development processes to preserve the natural environment, maintain and enhance the community character and quality of life, redevelop blighted commercial and residential areas, remove barriers to design concepts, reduce sprawl, and direct future growth to appropriate intil! areas." 4. Pursuant to Year 2010 Monroe County Comprehensive Plan, Policy 105.2.12 which states "With respect to the relief granted pursuant to Policy 106.1 (Administrative Relief) or Policy 101.18.5 (Beneficial Use), a purchase offer shall be the preferred form of relief for any land within Tier I and Tier II, or any land within Tier III in accordance with the criteria in Policy 101.6.5." 5. Pursuant to Year 2010 Monroe County Comprehensive Plan, Policy 101.2.14 which states "For those ROGO applications and properties which have been denied a ROGO award for four consecutive years and have applied for administrative relief, which are located in a CARL project or the National Wildlife Refuge and have received negative habitat scores under ROGO, the County or the state shall offer to purchase the property if funding for such is available. Refusal of the purchase offer shall not be grounds for granting a ROGO award. " 6. Pursuant to Year 2010 Monroe County Comprehensive Plan, Objective 101.6 which states "Monroe County shall expand the Monroe County Land Authority acquisition program to provide for the purchase of land from property owners who have not been awarded building permit allocations in the Permit Allocation System." 7. Pursuant to Year 2010 Monroe County Comprehensive Plan, Policy 101.6.1 which states "Monroe County, the state, or other acquisition agency shall, upon a New Comprehensive Plan Policy 101.6.6 Adoption Hearing Page 3 ofS Board of County Commissioners October 22, 2009 1 property owner's request, purchase the property for fair market value or permit the 2 minimum reasonable economic use of the property pursuant to Policy 101.6.5, if 3 the property owner meets the following conditions: 4 1. They have been denied an allocation award for four successive years in the 5 Residential (ROGO) or Non-residential (NROGO) Permit Allocation System; 6 2. Their proposed development otherwise meets all applicable county, state, and 7 federal regulations; 8 3. Their allocation application has not been withdrawn; 9 4. They have complied with all the requirements of the Residential or Non- 10 residential Permit Allocation System; and 11 5. They follow the procedures for administrative relief contained in the land 12 development regulations." 13 14 8. Pursuant to Year 2010 Monroe County Comprehensive Plan, Policy 101.6.5 15 which states "Monroe County, the state, or other acquisition agency shall pursue 16 land acquisition through voluntary purchase of lands from private property 17 owners denied a building permit through the Permit Allocation System, as the 18 preferred option for administrative relief pursuant to Policy 101.6.1, if the subject 19 permit is for development located within: 20 1. A designated Tier I area; 21 2. A designated Tier III Special Protection Area; or, 22 3. A designated Tier III area on a non-waterfront lot suitable for affordable 23 housing." 24 25 9. Pursuant to Year 2010 Monroe County Comprehensive Plan, Policy 105.2.12 26 which states "With respect to the relief granted pursuant to Policy 101.6.1 27 (Administrative Relief) or Policy 101.18.5 (Beneficial Use), a purchase offer shall 28 be the preferred form of relief for any land within Tier I and Tier II, or any land 29 within Tier III in accordance with the criteria in Policy 101.6.5." 30 31 The proposed amendment is consistent with the provisions and intent of the above 32 Monroe County Year 2010 Comprehensive Plan Policies, Goals and Objectives. 33 34 B. Goals, Strategies and Action Items from the Livable CommuniKeys Plans that directly 35 pertain to the proposed development: 36 37 The Key Largo Livable CommuniKeys Master Plan Goal One (1) and Goal Five (5) 38 encourages the preservation of environmentally sensitive lands and preserves, 39 manages and restores natural resources. The Big Pine Key I No Name Key Livable 40 CommuniKeys Master Plan Goal 1 encourages conservation and protection of 41 environmentally sensitive lands. Goal 2 minimizes the impacts on endangered 42 species. Goal 9 implements a land acquisition program that is fair to willing sellers. 43 Goal 1 0 protects and manages natural resources. 44 New Comprehensive Plan Policy 101.6.6 Adoption Hearing Page 4of8 Board of County Commissioners October 22, 2009 1 1. Pursuant to the Key Largo Livable CommuniKeys Plan, Goal One (1) which 2 states: "Direct future growth to lands that are most suitable for development and 3 encourage preservation of environmentally sensitive lands." 4 5 2. Pursuant to the Key Largo Livable CommuniKeys Plan, Goal Five (5) which 6 states: "Preserve, manage, and restore where appropriate, the natural resources 7 within the planning area by providing open space, protecting water quality and 8 acquiring and managing environmentally sensitive lands." 9 10 3. Pursuant to the Big Pine Key I No Name Key Livable CommuniKeys Plan, Goal 11 One (1) which states: "Direct future growth to lands that are intrinsically most 12 suitable for development and encourage conservation and protection of 13 environmentally sensitive lands by using the relative wildlife habitat value of land 14 as a basis for development decisions on Big Pine Key and No Name Key." 15 16 4. Pursuant to the Big Pine Key / No Name Key Livable CommuniKeys Plan Goal 17 Two (2) which states: "Manage future growth for the next twenty years on Big 18 Pine Key and No Name Key consistent with the community vision, while 19 l11inimi~ng impacts on the endangered species and maintaining the existing 20 biodiversity. II 21 22 5. Pursuant to the Big Pine Key / No Name Key Livable CommuniKeys Plan Goal 23 Nine (9), which states: "Implement a land consolidation and acquisition system 24 that provides fair, equitable and efficient compensation to land owners who are 25 willing sellers on Big Pine Key and No Name Key" 26 27 6. Pursuant to the Big Pine Key I No Name Key Livable CommuniKeys Plan Goal 28 Ten (10), which states: "Protect and manage natural resources within the .29 planning area in order to ensure continued viability and biodiversity of plant and 30 animal life and to maintain compliance with the anticipated Incidental Take 31 Permit (ITP)." 32 33 The proposed amendment is consistent with the Key Largo and the Big Pine Key I No 34 Name Key Livable CommuniKeys Master Plans. 35 36 C. Consistency of the proposed amendment with the provisions and intent of the Monroe 37 County Code, Land Development Regulations: 38 39 Monroe County Code Sections 138.27(t) and 138.54(f) offer a fair market value 40 purchase price for property owners in administrative relief for lands in designated 41" areas. 42 43 1. Pursuant to Monroe County Land Development Regulation Sections 138.27(f) 44 (ROGO Administrative Relief) and 138.S4(f) (NROGO Administrative Relief) 45 which states "At the conclusion of the public hearing, the board may take any or a 46 combination of the following actions: New Comprehensive Plan Policy 101.6.6 Adoption Hearing Page S of8 Board of County Commissioners October 22, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 3S 36 37 38 39 40 41 42 (1) Offer to purchase the property at its fair market value as its preferred action if the property is located within: a. A designated tier I area; b. A designated tier II area (Big Pine Key and No Name Key) c. A designated tier III-A area (special protection area); or d. A designated tier III area on a nonwaterfront lot suitable for affordable housing" D. Consistency with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern pursuant to F.S. Chapter 380.0552(7) For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the principles for guiding development and any amendments to the principles, the principles shall be construed as a whole and no specific provision shall be construed or applied in isolation from the other provisions. Guiding Principles (a), (b), (c) and (e) are consistent with the proposed amendment These principles manage land use and development while protecting natural resources. Guiding Principles (f) and (g) are consistent with the proposed amendment. These principles provide a vision for future development or land acquisition in the Florida Keys. Guiding Principles (d), G), (k) and (1) are consistent with the proposed amendment. These principles provide for sound economic development and health, safety and the welfare of current and future populations. (a) To strengthen local government capabilities for managing land use and development so that local government is able to achieve these objectives without the continuation of the area of critical state concern designation. (b) To protect shoreline and marine resources, including mangroves, coral reef formations, seagrass beds, wetlands, fish and wildlife, and their habitat. (c) To protect upland resources, tropical biological communities, :freshwater wetlands, native tropical vegetation (for example, hardwood hammocks and pine lands), dune ridges and beaches, wildlife, and their habitat. (d) To ensure the maximum well-being of the Florida Keys and its citizens through sound economic development. (e) To limit the adverse impacts of development on the quality of water throughout the Florida Keys. (f) To enhance natural scenic resources, promote the aesthetic benefits of the natural environment, and ensure that development is compatible with the unique historic character of the Florida Keys. (g) To protect the historical heritage of the Florida Keys. G) To make available adequate affordable housing for all sectors of the population of the Florida Keys. New Comprehensive Plan Policy 101.6.6 Adoption Hearing Page 6 of8 Board of County Commissioners October 22, 2009 1 (k) To provide adequate alternatives for the protection of public safety and welfare in 2 the event of a natural or manmade disaster and for a post disaster reconstruction 3 plan. 4 (1) To protect the public health, safety, and welfare of the citizens of the Florida Keys 5 and maintain the Florida Keys as a unique Florida resource. 6 The proposed amendment is consistent with the provisions and intent of the Principles for 7 Guiding Development in the Florida Keys Area of Critical State Concern. 8 9 10 E. Implementation Strategy of Policy 101.6.6 11 12 Monroe County Board of County Commissioners shall adopt Policy 101.6.6 and 13 incorporate it into the Year 2010 Comprehensive Plan. This policy amends the 14 ROGO and NROGO administrative relief procedures by prohibiting allocation 15 awards for lands located in Florida Forever acquisition areas or Tier 1 designations 16 under certain circumstances and requires Monroe County to notify the Department of 17 Environmental Protection of upcoming administrative reliefrequests. 18 19 F. The implementation of Policy 101.6.6 currently uses the following policies and 20 regulations to prevent the granting of administration relief in the form of the issuance 21 of a building permit for lands in the Florida Forever targeted acquisition area or Tier 22 1 land and requires Monroe County to notify the Department of Environmental 23 Protection of upcoming administrative relief requests. 24 25 1. Policy 105.2.12 emphasizes the best form of relief are purchase offers. 26 27 2. Policy 101.2.14 states the county shall offer to purchase land in the CARL 28 boundary or the National Wildlife Refuge after the applicant was denied a ROGO 29 allocation and applied for administrative relief. 30 31 3. Policy 101.6 requires Monroe County Land Authority's land acquisition program 32 to purchase land from property owners who have been denied a building permit 33 allocation. 34 35 4. Policy 101.6.1 offers fair market value on property if a building permit was 36 denied for four (4) consecutive years, the building plan design followed all 37 applicable regulations, the building permit has not been withdrawn and all 38 procedures for administrative relief have been followed. 39 40 5. Policy 101.6.5 and Policy 105.2.12 state the preferred purchase method for 41 administrative relief is a purchase offer from the county, state or other land 42 acquisition agency in designated areas. 43 44 6. Pursuant to the Big Pine Key / No Name Key Livable CommuniKeys Plan Goal 45 Nine (9), which states: "Implement a land consolidation and acquisition system 46 that provides fair, equitable and efficient compensation to land owners who are New Comprehensive Plan Policy 101.6.6 Adoption Hearing Page 70f8 Board of County Commissioners October 22, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 ID. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 IV. 37 38 willing sellers on Big Pine Key and No Name Key" 7. Monroe County Code Sections 138.27(f) and 138.54(f) offer a fair market value purchase price for property owners in administrative relief for lands in designated areas. 8. In anticipation of the adoption of the Cabinet rule, Monroe County Land Authority (MCLA) has been sending the Department of Environmental Protection notice of administrative relief properties whenever the County staff recommendation is to grant administrative relief in the form of a purchase offer. MCLA began doing this in November 2008. FINDINGS OF FACT AND CONCLUSIONS OF LAW: 1. The proposed text amendment is in the interest of public welfare. 2. The proposed text amendment is consistent with and furthers the policies of the Monroe County Year 2010 Comprehensive Plan which states the preferred form of relief is a purchase offer from the county, state or other land acquisition agency. 3. The proposed text amendment is consistent with and furthers the regulations of the Monroe County Land Development Regulations which offers a fair market value purchase price for property owners in administrative relief for lands in designated areas. 4. The proposed text amendment is consistent with and furthers the strategies and action items of the Livable CommuniKeys Master Plans which protects natural resources and manages land development. 5. The proposed text amendment is consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern as a whole, and is not inconsistent with any principle which recognizes land use management, public safety, health and welfare, economic development and protects the natural environment. RECOMMENDATION: Staff recommends APPROVAL to the Monroe County Board of County Commissioners. New Comprehensive Plan Policy 101.6.6 Adoption Hearing Page 80f8 Board of County Commissioners October 22, 2009 RESOLUTION NO. 1 AI..-2009 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE FLORIDA DEPARTMENT OF COMMUNI1Y AFFAIRS, AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, CREATING POLICY 101.6.6 OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN; AMENDING THE ROGO AND NROGO ADMINISTRATIVE RELIEF PROCEDURES BY PROHIBITING ALLOCATION A WARDS FOR LANDS LOCATED IN FLORIDA FOREVER ACQUISmON AREAS OR TIER 1 DESIGNATIONS UNDER CERTAIN CIRCUMST ANCES WHEREAS, the Monroe County Board of County Commissioners held a special meeting on July 13, 2009 for the purpose of considering the transmittal to the Florida Department of Community Affain for review and comment of a proposed amendment to the Momoe County Year 2010 Comprehensive Plan; NOW THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORlD~ THAT: [Amendments are presented in HfilEethreyp to indicate deletions and underline to indicate additions to text. All other words, characters, and language of this subsection remain unamended.] SeetIoD 1: The BOCC proposes adoption of the following amendment to the Monroe County Year 2010 Comprehensive Plan: Policy 101.6.6 Monroe Countv shall preclude the anmtio2 of administrative relief in the form of the issuance of a buildill8 pennit for -lands within the Florida Forever tar2eted acquisition or Tier I lands areas unless. after 60 davs from the receipt of a complete application for administrative relief. it has been detennincd the parcel can not be Durchased for conservation pwposes bv any county. state or federal 88ency or any private eqtitv. The Coon\)' shall routinelv notify Oegartment of Environmental Protection of uncominsr administrative relief reauests at least six (6) months prior to the deadline for administrative reliet: SeedOD 1: The Board of County Commissioners does hereby transmit the proposed amendment as part of the second (2nd) set of comprehensive plan amendments for 2009 to the Florida Department of Community Affairs for review and comment in accordance with the provisions of Chapter 163.3184, Florida Statutes; and SeetloD 3. The Monroe County staff is given authority to prepare and submit the required transmittal letter and supporting documents for the proposed amendment in accordance with the requirements of9J-ll.oo6 of the Florida Administrative Code; and SectlOD 4. The Clerk of the Board is hereby directed to forward a certified copy of this resolution to the Director of Planning. PASSED AND ADOPTED by the Board of County Commissioners ofMomoe County, Florida, at a special meeting held on the 13th day of July A.D., 2009. Mayor George Neugent Mayor Pro Tem Sylvia Murphy Commissioner Kim Wigington Commissioner Heather Carruthers Commissioner Mario Di Gennaro Yes v.. lea Yes Y.. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNlY, FLORIDA ~i!4 >n...,.r- Mayor George Neugent BY (SEAL) A TrEST: DANNY L. KOLHAGE, CLERK. ~.~ DEPUlY CLERK. ~ ~ C) :z . a: . a: ~ :! ell t::1 Lu -.l (.:J k.. <J-.:, .. :z: (.) ."... -J ,..-. QG-i::.c ~(3~ . 0 -J ~ (..:J >- .:l:" v , ~u..:c -.. -.l u" < (..) ::-.: Q S? C"..