Item B2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 22.. 2009
Division: Growth Mana2ement
Bulk Item: Yes
No --L
Department: Planning and Environmental Resources
Staff Contact Person: Susan Grimslev.
Acting Growth Management Director
AGENDA ITEM WORDING: A public hearing to consider an ordinance creating Objective 105.4 and
Policy 105.4.1 discouraging future land use changes which increase density/intensity and requiring Monroe
County to complete a Year 2020 needs analysis based on projected growth and other criteria.
ITEM BACKGROUND: The proposed amendment creates Objective 105.4 and Policy 105.4.1
discouraging future land use changes, throughout unincorporated Monroe County, which increase allowable
density/intensity. This Policy includes the requirement to complete a needs analysis through 2020 based
upon the amount of vacant lands, the adopted density of the future land use designations and their existing
yields, the projected population, the projected rate of growth allocations and the availability of public
facilities and services.
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 (DCA) on July 13, 2009. Staff
received the Objections, Recommendations and Comments report for the Package. The DCA identified two
objections with this proposed amendment. The response to the objections is attached herewith.
PREVIOUS RELEVANT BOCC ACTION:
July 13, 2009-BOCC approved the transmittal of a resolution to the DCA at the request of the Growth
Management Division proposing an Ordinance to create Objective 104.4 and Policy 105.4.1
CONTRACT/AGREEMENT CHANGES: NA
STAFF RECOMMENDATION: Approval
TOTAL COST:
N/A
INDIRECT COST: N/A
BUDGETED:
N/A
COST TO COUNTY:N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes_ No_ AMOUNTPERMONTH_ Year
APPROVED BY:
County Atty -L- OMBlPurchasing _ Risk Management _
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
~,~
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE - 2009
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS CREATING OBJECTIVE 105.4 AND POLICY 105.4.1
OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN;
DISCOURAGING FUTURE LAND USE CHANGES WHICH INCREASE
DENSITY /INTENSITY; REQUIRING MONROE COUNTY TO COMPLETE
A YEAR 2020 NEEDS ANALYSIS BASED ON PROJECTED GROWTH AND
OTHER CRITERIA; 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, on July 13, 2009, the BOCC held a special meeting to approve the transmittal to DCA
of the proposed policy and in due consideration amended proposed Objective 105.4 by deleting the word
'including' and adding the word 'excluding' for Ocean Reef, and by adding Policy 105.4.1 (3) 'An analysis
of climate change impacts on the proposed FLUM change' and Policy 105.4.1 (4) 'Compatibility with the
1977 Air Installation Compatible Use Zones for Naval Air Station Key West.'; and
WHEREAS, the Florida Administration Commission (p.A.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, the proposed role language dated August 6, 2009 as currently written: "To implement
the Florida Keys Carrying Capacity Study, Momoe County shall transmit a Comprehensive Plan Policy
discouraging future land use changes, throughout unincorporated Monroe County which increase allowable
density/intensity. This Policy shall include the requirement to complete a needs analysis through 2020
based upon the amount of vacant lands, the adopted density of the future land use designations and their
existing yields, the projected population, the projected rate of growth allocations and the availability of
public facilities and services.u
WHEREAS, 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;U and
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 Objective 105.4 and Policy 105.4.1 is to discourage future land use changes
which increase density/intensity and to require Monroe County to complete a year 2020 needs
analysis based on projected growth and other criteria
2. The proposed amendment is consistent with the Florida Statutes, Chapter 163, as follows:
a. Section 163.3177(6)(a) bases the future land use plan on surveys, studies and data in and
surrounding the area. The data includes the amount of land needed for anticipated growth,
projected population and availability of public facilities, compatibility of adjacent lands and
the discouragement of urban sprawl, among other items.
b. Section 163.3178(2)(b), Florida Statutes requires environmental, socioeconomic, and fiscal
impact of development and redevelopment to support infrastructures as well as having plans
and principles to defer development from environmentally sensitive areas.
3. The proposed amendment is consistent with the Florida Administration Commission (F.A.C.),
Chapter 9J-5, as follows:
a. Rule 9J-5.006(3)(b)4 P.A.C. ensures the protection of natural resources and historic
resources.
b. Rule 9J-5.0012(3)(b)1 F.A.C. protects, conserves, or enhances remaining coastal wetlands,
living marine resources, coastal barriers, and wildlife habitat.
c. Rule 9J-S.OOI3(2)(c)3 F.A.C. protects native vegetative communities from destruction by
development activities.
d. Rule 9J-S.OOI3(2)(c)5 F.A.C. restricts activities known to adversely affect the survival of
endangered and threatened wildlife.
e. Rule 9J-5.0013(2Xc)6 F.A.C. protects conservation of the natural functions of existing soils,
fisheries, wildlife habitats, rivers, bays, lakes, floodplains, harbors, wetlands including
estuarine marshes, freshwater beaches and shores, and marine habitats.
:f: Rule 9J-5.0013(3)(b) F.A.C. directs development away from wetlands by using land use
factors such as type, intensity or density, extent, distribution and location of allowable land
uses and the types, values, functions, sizes, conditions and locations of wetlands.
4. The proposed amendment is consistent with the Monroe County Year 20 10 Comprehensive
Plan, as follows:
a. Goal 101 enhances the quality of life, ensures safety of people and protection of natural
resources.
b. Policy 101.1.2 requires availability of public facilities and ability to meet the level of service
standards to be concurrent with the impact of new development.
c. Goal 105 provides a framework for future development and land acquisition for the next 20
years.
d. Policy 105.1.5 directs Monroe COWlty to direct future residential development to Tier ITI
lands in accordance with Policy 105.2.2.
e. Policy 105.1.6 directs the county to revise NROGO in accordance with Policies 105.2.1 and
105.2.15.
f. Goal 105.2.1 designates all lands outside of mainland Monroe County, except for the Ocean
Reef planned development for purposes of its Land Acquisition Program. and smart growth
initiatives.
g. Policy 105 .2.2 directs the county to create an overlay map for the Tier system.
h. Policy 105.2.15 directs the county to refer development to commWlity centers which are
located in the Tier III designations.
s. The proposed amendment is consistent with the Livable CommuniKeys Programs (LCP) , as
follows:
8. Key Largo LCP Strategy 1.3 supports the utilization of the FLUM to regulate density and
intensity of individual parcels.
b. Key Largo LCP Action Item 1.3.1 continues to utilize the FLUM to protect the density and
intensity and to regulate and promote orderly development.
c. Big Pine Key I No Name Key LCP Strategy 2.1 regulates development with respect to
density and intensity by using the tier map overlay to guide future development.
6. The proposed amendment is consistent with the Monroe County Code, as follows:
a. Section 114-2 of the Monroe County Code requires all development to be served by
adequate public facilities.
7. 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.
WHEREAS, On June 10, 2009 and June 24, 2009, the Monroe County Planning
Commission held public hearings in Marathon 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 Monroe County Planning and Environmental Resources Department staff has
found that all of the required standards are met and recommends approval;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
[Amendments are presented in strilEethfeugh. to indicate deletions and underline to indicate additions to
text. All other words, characters, and language of this subsection remain unamended.]
Section 1. Objective 105.4 and Policy 105.4.1 of the Monroe County Year 2010 Comprehensive Plan
is hereby amended to include the following:
Objective 105.4
Monroe County shall discourage future land use chanies. throughout uninco1'JX>rated Monroe
County. 8lleluEliBg OeeM Reef: which increase allowable density/intensity.
Policy 105.4.1
Monroe County shall discourage future land use amendments which increase density or intensity by
includine: with staff analysis for review and consideration by the BOCC the followin~:
(1) A needs analysis through 2020 considering:
a. The amount of vacant land:
b. Adopted density of existin~ future land use deshmations and their existing
yields:
c. The projected population:
d. The proiected rate of growth allocations: and
e. The availability of public facilities and services.
(2) Consistency with and impact of existin~ rate of 2rowth and smart 2rowth re2Ulations for
guiding development toward appropriate areas of Monroe County
(3) An analysis of climate chan2e impacts on the proposed FLUM change.
(4) C9IBpaDhility wmtl'l die 1977 ,,-\if' lB5t&llatieB CampaDhle Use baBeS fer Naw.~al Ak
S1atieB Key West. Evaluate the compatibility with Naval Air Station Kev West and
utilize the best available data existing at the time a future land use map amendment is
proposed and reviewed.
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.
(REMAINDER OF PAGE LEFT INTENTIONALL Y BLANK)
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 Canuthers
Commissioner Mario Di Gennaro
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY
Mayor George Neugent
(SEAL)
ATTEST: D~L.KOLHAGE,CLERK
DEPUTY CLERK
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fa;I'
To:
Monroe County Board of County Commissioners
Through:
Susan Grimsley, Acting Director of Growth Management
From:
Kathy Grasser, Comprehensive Planner
Date:
October 7, 2009
RE:
Request to create new Monroe County Year 2010 Comprehensive Plan Objective 105.4
and Policy 105.4.1 discouraging future land use map changes which increase
density/intensity; requiring Monroe County to complete a Year 2020 needs analysis
based on projected growth and other criteria
Meeting:
October 22, 2009
I. BACKGROUND
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.
The amendment as transmitted, on July 13, 2009, was as follows:
Obiective 105.4
Monroe County shall discourage future land use changes.. throughout unincoroorated
Monroe County. excluding Ocean Reef. which increase allowable density/intensity.
Policy 105.4.1
Monroe County shall discourage future land use amendments which increase density or
intensity by including with staff analysis for review and consideration by the
Haec the followin2:
(1) A needs analysis through 2020 considering
a. The amount of vacant land:
b. Adopted density of existing future land use designations and their existing
yields
c. The oroiected population~
d. The proiected rate of 2rowth allocations: and
e. The availability of public facilities and services.
(2) Consistency with and impact of existinsz rate of 2fowth and smart growth
remlations for guiding development toward aDDropriate areas of Monroe
County.
(3) An analysis of climate chane:e imoacts on the proposed FLUM change.
(4) Compatibility with the 1977 Air Installation Compatible Use Zones for Naval
Air Station Key West.
Florida Administration Commission (F.A.C.) Rule 28-20.130 requires Monroe County to report
annually to the F.A.C. describing its interim progress in completing the remaining work program
tasks as identified in Rule 28-20.140. Originating from Rule 28-20.100, F.A.C., the county is
required to report on annual tasks and to further work program Tasks Year 6, Task C and Year 8,
Task F by transmitting a new policy r regarding carrying capacity and habitat protection to the
Department of Community Affairs (DCA) prior to July 31, 2009.
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 (DCA) on July 13, 2009. Staff received the Objections, Recommendations and Comments
report for the Package. The DCA provided two (2) objections, recommendations and comments
regarding this amendment. The staff's response is attached.
The proposed rule language dated August 6, 2009, Section (3)(a)l.d, as currently written:
"To implement the Florida Keys Carrying Capacity Study, Monroe County shall transmit a
Comprehensive Plan Policy discouraging future land use changes, throughout
unincorporated Monroe County, which increase allowable density/intensity. This Policy
shall include the requirement to complete a needs analysis through 2020 based upon the
amount of vacant lands, the adopted density of the future land use designations and their
existing yields, the projected population, the projected rate of growth allocations and the
availability of public facilities and services."
Monroe County Year 2010 Comprehensive Plan Objective 105.4 and Policy 105.4.1 shall be as
follows:
Obiective 105.4
Monroe County shall discourage future land use changes. throughout unincoroorated
Monroe County. gelucliBg Caean Reef, which increase allowable density/intensity.
Policy 105.4.1
Monroe County shall discoura2e future land use amendments which increase density or
intensity by includin2 with staff analysis for review and consideration bv the
BOCC the following:
(1) A needs analysis through 2020 considering
a. The amount of vacant land:
b. Adopted density of existing future land use designations and their
existing Yields
c. The proiected population:
d. The projected rate of growth allocations: and
e. The availability of public facilities and services.
(2) Consistency with and impact of existin2 rate of 2rowth and smart growth
regulations for 2Uiding development toward appropriate areas of Monroe
County.
(3) An analvsis of climate change impacts on the Droposed FLUM chanlZe.
(4) Cempatibility ".ith the 1977 A^Air Installatien Compatible Use Zea8S for N a~ral
"A..ir StatleR Key'y'Test. Evaluate the compatibility with Naval Air Station Key
West and utilize the best available data existing at the time a future land use map
amendment is proposed and reviewed.
On June 10, 2009 and June 24, 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 of an ordinance, specifically excluding
Ocean Ree~ to amend the Monroe County Year 2010 Comprehensive Plan.
D. ANALYSIS
A. Consistency of the proposed amendment with the provisions and intent of draft Rule 28-20.140
Section (3)(a)1.d, F. A. e., dated August 8, 2009, as written:
''To implement the Florida Keys Carrying Capacity Study, Monroe County shall transmit a
Comprehensive Plan Policy discouraging future land use changes, throughout
unincorporated Monroe County, which increase allowable density/intensity. This Policy
shall include the requirement to complete a needs analysis through 2020 based upon the
amount of vacant lands, the adopted density of the future land use designations and their
existing yields, the projected population, the projected rate of growth allocations and the
availability of public facilities and services."
B. Consistency of the proposed amendment with the provisions and intent of the Florida Statutes:
Section 163.3177(6)(a), Florida Statutes (F.S.) bases the future land use plan on surveys, studies
and data in and surrounding the area. The data should include the amount of land needed for
anticipated growth, projected population and availability of public facilities, compatibility of
adjacent lands and the discouragement of urban sprawl, among other items. 163.3178(2)(b), F.
S. Section requires environmental, socioeconomic, and fiscal impact of development and
redevelopment to support infrastructures as well as having plans and principles to defer
development from environmentally sensitive areas.
1. Pursuant to 163.3177(6)(a), F.S. Section which states "The future land use plan shall be
based upon surveys, studies, and data regarding the area, including the amount of land
required to accommodate anticipated growth; the projected population of the area; the
character of undeveloped land; the availability of water supplies, public facilities, and
services; the need for redevelopment, including the renewal of blighted areas and the
elimination of nonconforming uses which are inconsistent with the character of the
community; the compatibility of uses on lands adjacent to or closely proximate to military
installations; the discouragement of urban sprawl; energy-efficient land use patterns
accounting for existing and future electric power generation and transmission systems;
greenhouse gas reduction strategies; and, in rural communities, the need for job creation,
capital investment, and economic development that will strengthen and diversify the
community's economy."
2. Section 163.3178(2)(b), F.S. which states "An analysis of the environmental,
socioeconomic, and fiscal impact of development and redevelopment proposed in the future
land use plan, with required infrastructure to support this development or redevelopment, on
the natural and historical resources of the coast and the plans and principles to be used to
control development and redevelopment to eliminate or mitigate the adverse impacts on
coastal wetlands; living marine resources; barrier islands, including beach and dune systems;
unique wildlife habitat; historical and archaeological sites; and other fragile coastal
resources. "
C. Consistency of the proposed amendment with the provisions and intent of the Florida
Administrative Code (F.A.C.):
1. Rule 9J-5.006(3)(b)4 F.A.C. "Ensure the protection of natural resources and historic
resources. "
2. Rule 9J-5.0012(3)(b)I. F.A.C. "Protect, conserve, or enhance remaining coastal wetlands,
living marine resources, coastal barriers, and wildlife habitat."
3. Rule 9J-5.0013(2)(c)3. F.A.C. "Protection of native vegetative communities from
destruction by development activities."
4. Rule 9J-5.0013(2)(c)5. F.A.C. "Restriction of activities known to adversely affect the
survival of endangered and threatened wildlife."
5. Rule 9J-5.0013(2)(c)6. F.A.C. "Protection and conservation of the natural functions of
existing soils, fisheries, wildlife habitats, rivers, bays, lakes, floodplains, harbors, wetlands
including estuarine marshes, freshwater beaches and shores, and marine habitats."
6. Rule 9J-5.0013(3)(b). F.A.C. "Future land uses which are incompatible with the protection
and conservation of wetlands and wetland functions shall be directed away from wetlands.
The type, intensity or density, extent, distribution and location of allowable land uses and the
types, values, functions, sizes, conditions and locations of wetlands are land use factors
which shall be considered when directing incompatible land uses away from wetlands."
D. Consistency of the proposed amendment with the provisions and intent of Monroe County Year
2010 Comprehensive Plan:
Goal 101 enhances the quality of life, ensures safety of people and protection of natural
resources. Policy 101.1.2 of the Year 2010 Monroe County Comprehensive Plan requires
availability of public facilities and ability to meet the level of service standards to be concurrent
with the impact of new development. Goal 105 provides a framework for future development
and land acquisition for the next 20 years. Policy 105.1.5 charges Monroe County to direct
future residential development to Tier III lands in accordance with Policy 105.2.2. Policy
105.1.6 directs the county to revise NROGO in accordance with Policies 105.2.1 and 105.2.15.
Goal 105.2.1 defines Tier I as environmentally sensitive, development severely restricted and
the retirement of privately owned vacant lands should be used for resource conservation and
passive recreation purposes. Policy 105.2.2 directs the county to create an overlay map for the
Tier system. Policy 105.2.15 directs the county to refer development to community centers
which are located in the Tier III designations.
1. Goal 101 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. Policy 101.1.2, states "By January 4, 1997, Monroe County shall adopt Land Development
Regulations which provide a Concurrency Management System (See Capital Improvements
Policy 1401.4.5). The Concurrency Management System shall ensure that no permits will be
issued for new development unless adequate public facilities needed to support the
development at the adopted LOS standards are available concurrent with the impacts of
development.
3. 00all05 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."
4. Policy 105.1.5 states "Monroe County shall prepare amendments to this Plan and its Land
Development Regulations that comprehensively revise the existing residential permit
allocation system to direct the preponderance of future residential development to areas
designated as an overlay on the zoning map(s) as Intill (Tier III) in accordance with Policy
105.2.2."
5. Policy 105.1.6 states "Monroe County shall prepare amendments to this Plan and it's Land
Development Regulations that comprehensively revise the existing non-residential permit
allocation system in a manner that implements Policies 105.2.1 and 105.2.15 and is
consistent with and furthers this Plan."
6. Policy 1 05.2.1 states "Monroe County shall designate all lands outside of mainland Monroe
County, except for the Ocean Reef planned development, into three general categories for
purposes of its Land Acquisition Program and smart growth initiatives in accordance with
the criteria in Policy 205.1.1. These three categories are: Natural Area (Tier 1); Transition
and Sprawl Reduction Area (Tier II) on Big Pine Key and No Name Key only; and Intill
Area (Tier III)."
7. Policy 105.2.2 states "Monroe County shall prepare an overlay map(s) designating
geographic areas of the County as one of the three Tiers in accordance with the guidance in
Policy 105.2.1, which shall be incorporated as an overlay on the zoning map(s) with
supporting text amendments in the Land Development Regulations. These maps are to be
used to guide the Land Acquisition Program and the smart growth initiatives in conjunction
with the Livable CommuniKeys Program (Policy 101.20.1)."
8. Policy 105.2.15, states "Where appropriate, as part of the Livable CommuniKeys Planning
Process, Community Centers shall be designated within areas designated as Tier III (Intill
Area). A Community Center is characterized as a dermed geographic area with a mix of
retail, personal service, office and tourist and residential uses (generally of greater than 8
units per acre). Community Centers shall be designated as receiving areas for transfer of
development rights and shall receive special incentives in the non-residential permit
allocation system."
E. Consistency of the proposed amendment with the provisions and intent of Livable CommuniKeys
Plans:
The Key Largo Livable CommuniKeys Master Plan Strategy 1.3 supports the utilization of the
FLUM to regulate density and intensity of individual parcels. The Key Largo Livable
CommuniKeys Master Plan Action Item 1.3.1 continues to utilize the FLUM to protect the density
and intensity and to regulate and promote orderly development. Strategy 2.1 of the Big Pine and No
Name Key Livable CommuniKeys Master Plan regulates development with respect to density and
intensity by using the tier map overlay to guide future development.
1. Key Largo Livable CommuniKeys Master Plan Strategy 1.3, states "continue to utilize the Land
Use District Map and supporting FLUM to regulate land use type, density and intensity on
individual parcels within the planning areas.
2. Key Largo Livable CommuniKeys Master Plan Action Item 1.3.1, states "Continue to use the
FLUM and Land Use District Maps to regulate development of individual parcels with respect
to density, intensity, bulk regulations, and all other land development regulations. This will
protect the existing conformance status of most uses and promote orderly development
consistent with the Comprehensive Plan."
3. The Big Pine and No Name Key Livable CommuniKeys Master Plan Strategy 2.1, states
"Continue to utilize the Land Use District Maps and supporting FLUM to regulate land use type,
density and intensity on an individual parcel basis within the planning area. The distribution of
future development shall be guided by a Tier System Overlay Map pursuant to the
comprehensive plan."
F. Consistency of the proposed amendment with the provisions and intent of Monroe County Code:
Section 114-2 requires all development to be served by adequate public facilities. Section 138-24(a)
indicates how many affordable housing allocations are available annually.
1. Section 114-2 states "After February 28, 1988, all development or land shall be served by
adequate public facilities."
2. Section 138-24(a) specifies 71 affordable housing allocations are to be divided into two
categories: 1) Very Low, Low, and Median have 36 allocations and 2) Moderate has 35
allocations. Affordable housing residential allocations for all four (4) ROGO quarters, including
the two available for Big Pine Key, shall be made available at the beginning of the first quarter
for a ROGO year.
G. Consistency with the Principles/or 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), (j), (k) and (I) are
consistent with the proposed amendment. These principles provide for sound economic
development and health, safety and the welfare of current and future populations. Guiding
Principles (h) and (i) are consistent with the proposed amendment. These principles ensure adequate
public facilities are available for development.
(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 pinelands), 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 th~ historical heritage of the Florida Keys.
(h) To protect the value, efficiency, cost-effectiveness, and amortized life of existing and
proposed major public investments, including:
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection and disposal facilities;
3. Solid wastle collection and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
8. City electric service and the Florida Keys Electric Co-op; and
9. Other utilities, as appropriate.
(i) To limit the adverse impacts of public investments on the environmental resources of the
Florida Keys.
(j) To make available adequate affordable housing for all sectors of the population of the Florida
Keys.
(k) To provide adequate alternatives for the protection of public safety and welfare in the event
of a natural or manmade disaster and for a post disaster reconstruction plan.
(1) To protect the public health, safety, and welfare of the citizens of the Florida Keys and
maintain the Floiida Keys as a unique Florida resource.
H. Implementation Strategy of Objective 105.4 and Policy 105.4.1:
Objective 105.4 and Policy 105.4.1 discourages FLUM amendments in unincorporated Monroe
County which increase density/intensity. This policy requires Monroe County to create a Year 2020
needs analysis basecL on certain criteria.
As part of staff analysis, all future land use amendments which increase density or intensity will be
reviewed and considered by the Board of County Commissioners with the Year 2020 needs analysis
and consistency with and impact of existing ROGO and smart growth regulations.
To guide development Monroe County utilizes the ROGO system, the Tier System and other
regulatory documents, thus dire.cting development to approved areas of intil!. The ROGO system
limits the number of residential allocations in unincorporated Monroe County. Section 138-24
allows 197 residential ROGO allocations per year.
The following is the breakdown by subarea:
Subarea Number
of
Dwelling
Units
Upper Keys 61
Lower Keys 57
Big Pine and No Name Keys 8
Total Market Rate 126
Affordable dwelling units 36*
Very Low, Low and Median 35*
Incomes
Moderate Income 71
Total Units per year 197
*Includes one for Big Pine Key
and No Name Key
In Tier I, no more than three (3) dwelling unit allocations are permitted in the Upper Keys and three
(3) dwelling unit allocations in the Lower Keys.
Big Pine Key and No Name Key allocation awards are subject to the provisions of the Incidental
Take Permit (ITP) and the Habitat Conservation Plan for the Florida Key Deer and other covered
species. These two keys receive eight (8) market rate and two (2) affordable dwelling unit
allocations per year until the requirements of the ITP are satisfied or Year 2023, whichever comes
first. As of June 2009, only six (6) market rate Tier I allocations remain for these two Keys.
I. The implementation o/Objective 105.4 and Policy 105.4.1 currently uses the/ollowing policies and
regulations to discourage FLUM amendments which increase density/intensity and require Monroe
County to complete a Year 2020 needs analysis.'
1. Pursuant to 9J-5.005(6) Plan Implementation Requirements, comprehensive plan policies are
to be implemented according to F. S. Section 163.3161(5), Sections 163.3194, 163.3201,
and 163.3202, F.S. These sections contain goals, objectives and policies which describe
how Monroe County programs, activities, and land development regulations will be
initiated, modified or continued to implement the new comprehensive plan policy in a
consistent manner.
2. Policy 105.1.5 charges Monroe County to direct future residential development to Tier III
lands in accordance with Policy 105.2.2.
3. Policy 105.1.6 directs the county to revise NROGO in accordance with Policies 105.2.1 and
105.2.15.
4. Goal 105.2.1 defines Tier I as environmentally sensitive, development severely restricted
and the retirement of privately owned vacant lands should be used for resource conselVation
and passive recreation purposes.
5. Policy 105.2.2 directs the county to create an overlay map for the Tier system.
6. Policy 105.2.15 directs the county to refer development to community centers which are
located in the Tier III designations.
7. Section 114-2 of the Monroe County Code requires all development to be selVed by
adequate public facilities.
8. The Rate of Growth Ordinance and the Nonresidential Rate of Growth ordinance are
dictated by Chapter 138 of the Monroe County Code.
9. Section 138-23 stipulates that residential ROGO allocations will not be used for new
transient units.
10. Section 138-24(a) indicates how many affordable housing allocations are available annually.
11. The Livable CommuniKeys Program (LCP), Master Plan for Future Development of Big
Pine Key and No Name Key was adopted on August 18,2004 under Ordinance 029-2004.
The LCP envisioned the issuance of 200 residential dwelling units over 20 year horizon at a
rate of roughly 10 per year. A minimum of twenty percent of the 10 units per year are to be
set aside for affordable housing development.
12. The Key Largo Livable CommuniKeys Master Plan Strategy 1.3 supports the utilization of
the FLUM to regulate density and intensity of individual parcels.
13. The Key Largo Livable CommuniKeys Master Plan Action Item 1.3.1 continues to utilize
the FLUM to protect the density and intensity and to regulate and promote orderly
development.
14. The Big Pine and No Name Key Livable CommuniKeys Master Plan Strategy 2.1 regulate
development with respect to density and intensity by using the tier map overlay to guide
future development.
15. F. S. Chapters 163.3177 and 163.3178 states any future land use plan's analysis will be
based on surveys and data. The data and analysis used as part of the FLUM amendment
process includes the Monroe County Year 2010 Comprehensive Plan, Land Development
Regulations, Florida Statutes, Florida Administration Commission, Monroe County's
transportation and waste management consultant reports, Florida Keys Aqueduct Authority
reports, Monroe County School Board and the Monroe County Parks and Recreation
Department reports.
16. F. S. Chapter 163.3191 states "Monroe County shall adopt an evaluation and appraisal report
(EAR) every seven (7) years," and will include data such as projected growth and other
criteria. The last Monroe County EAR completed was in year 2004. Additionally, the
Monroe County Year 2010 Comprehensive Plan is in the process of being updated. The
EAR will be part of the process that will assist in updating the Comprehensive Plan. Data in
the report will include updated population projections; vacant and developable land analysis;
social economic and environmental impacts; water supply and transportation studies.
17. F. S. Chapter 163.3191(1) F.S. states (the) "evaluation and appraisal of comprehensive plan
planning program shall be a continuous and ongoing process. Each local government shall
adopt an evaluation and appraisal report once every 7 years assessing the progress in
implementing the local government's comprehensive plan."
III. CONCLUSIONS
1. The amendment is in the interest of the health, safety and welfare of the public.
2. Numbers (1) and (2) of Policy 105.4 reflect the implementation and definition of
'discouragement' .
3. The proposed amendment is consistent with and furthers the policies of the Florida Statutes by
requiring data and analysis to be an integral part of proposed future land use map amendments.
4. The proposed amendment is consistent with and furthers the policies of the Florida
Administration Commission by protecting natural areas as well as restricting activities that
adversely affect endangered and threatened wildlife while moving development away from
environmentally sensitive areas.
5. The proposed amendment is consistent with and furthers the policies of the Monroe County
Year 2010 Comprehensive Plan Goals, Objectives and Policies by requiring density/intensity,
land character and natural resources inventory to be part of the FLUM amendment review
process. It also ensures public facilities are available and adequate for new development.
6. The proposed text amendment is consistent with and furthers the strategies and action items of
the Livable CommuniKeys Master Plans which protect natural resources and manage land
development.
7. The proposed amendment is consistent with and furthers the policies of the Monroe County
Code by requiring all development to be served by public facilities.
8. 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.
v. RECOMMENDATION
Staff recommends APPROVAL to the Monroe County Board of County Commissioners.
RESPONSE TO THE DEPARTMENT OF COMMUNITY AFFAIRS
OBJECTIONS, RECOMMENDATIONS, AND COMMENTS
09-02 MONROE COUNTY COMPREHENSIVE PLAN PACKAGE
The proposed rule language, dated May 8,2009, Section (3)(a)1.d, stated:
"To implement the Florida Keys Carrying Capacity Study, Monroe County shall
transmit a Comprehensive Plan Policy discouraging future land use map changes,
throughout unincorporated Monroe County, including Ocean Reef: which increase
allowable density/intensity. This policy shall include the requirement to complete a
needs analysis through 2020 based upon the amount of vacant lands, the adopted
density of the future land use designations and their existing yields, the projected
population, the projected rate of growth allocations and the availability of public
facilities and services."
On July 13,2009, the BOCC transmitted to the Department of Community Affairs (DCA) the
following proposed amendment:
Objective 105.4
Monroe County shall discourage future land use changes. throughout unincorporated
Monroe County, excluding: Ocean Reef: which increase allowable density/intensity.
Policy 105.4.1
Monroe County shall discourage future land use amendments which increase density
or intensity bv includine with staff analysis for review and consideration bv the
BOCC the following:
(1) A needs analysis throusm 2020 considering:
a. The amount of vacant land:
b. Adonted density of existing future land use designations and their
existing yields:
c. The proiected pODulation:
d. The proiected rate of growth allocations: and
e. The availability of public facilities and services.
(2) Consistency with and impact of existing rate of szrowth and smart growth
regulations for guiding development toward appropriate areas of Monroe
County
(3) An analysis of climate change impacts on the proposed FLUM chansze.
(4) Compatibility with the 1977 Air Installation Comnatible Use Zones for
Naval Air Station Kev West.
Staff received the DCA's Objections, Recommendations and Comments for the proposed
amendment. The DCA provided two (2) objections regarding this amendment.
RESPONSE TO THE DEPARTMENT OF COMMUNITY AFFAIRS
OBJECTIONS, RECOMMENDATIONS, AND COMMENTS
09-02 MONROE COUNTY COMPREHENSIVE PLAN PACKAGE (con't)
DCA Obiection 1: Obiective 105.4
Objective 105.4 is directing the County to discourage future land use map changes that
increase density and intensity, except in Ocean Reef (North Key Largo). One of the reasons
for discouraging increases in density and intensity is to maintain safe evacuation times.
Objective 105.4 is not supported by adequate data and analysis because the data and
analysis provided for the Objective does not support excluding Ocean Reef Ocean Reef
should not be excluded in the analysis and review of FLUM changes that increase density
and intensity because additional development in Ocean Reef may impact overall County
hurricane evacuation clearance times.
STAFF RESPONSE: Obiection 105.4
The proposed rule language dated August 6, 2009, Section (3)(a)1.d, as currently written:
"To implement the Florida Keys Carrying Capacity Study, Monroe County shall
transmit a Comprehensive Plan Policy discouraging future land use changes,
throughout unincorporated Momoe County, which increase allowable
density/intensity. This Policy shall include the requirement to complete a needs
analysis through 2020 based upon the amount of vacant lands, the adopted density of
the future land use designations and their existing yields, the projected population,
the projected rate of growth allocations and the availability of public facilities and
services. "
Staff recommends striking the words, 'excluding Ocean Reef from the ordinance that was
reviewed by the BOCC at the transmittal hearing on July 13, 2009. By doing this, the
proposed ordinance will be consistent with the current proposed rule dated August 6, 2009.
Ocean Reef Club has binding documents which regulate its growth. These documents
include letters dated July 11, 1975 from the Division of State Planning and July 13, 2009
from the Department of Community Affairs.
The letter dated July 13, 2009, states: "Development of 2,000 units at Ocean Reef will
continue to be exempt from the requirement to obtain a ROGO allocation. However, any
development beyond the 2,000 vested units described in the attached documents will require
an allocation from Monroe County. If additional density and intensity is contemplated
beyond that vested, Momoe County must submit a comprehensive plan amendment to
designate Ocean Reef within the Tier System."
The July 11, 1975 and July 13, 2009 letters are attached herewith.
DCA Obiection 2: Obiective 105.4.1(4)
Policy 105.4.1 includes the compatibility with 1977 Air Installation Compatible Use Zone
(AICUZ) for Naval Air Station Key West a one of the criteriafor the review offuture land use
map amendments that increase density and intensity. While the Department is encouraged
by Monroe County's inclusion of compatibility with 1977 AICUZ as one of the criteria for the
review of FLUM amendments, Rule 9J-5.005 (2)(c), F.A.C., requires that the comprehensive
plan be based upon the best available existing data and the 1977 AICUZ is not the best
available existing data.
1018/2009
09-02 Monroe County Comprehensive Plan ORC Response
20f3
RESPONSE TO THE DEPARTMENT OF COMMUNITY AFFAIRS
OBJECTIONS, RECOMMENDATIONS, AND COMMENTS
09-02 MONROE COUNTY COMPREHENSIVE PLAN PACKAGE (con't)
STAFF RESPONSE: Obiection 105.4.1(4)
Staff recommends using the language from the ORC Report Objection 2, Recommendation,
Page 3. The recommendation states "to evaluate compatibility with Naval Air Station Key
West and to utilize the best available data existing at the time a future land use map
amendment is proposed and reviewed."
Staff is recommending the new proposed language as stated below:
Obiective 105.4
Monroe County shall discourage future land use chanszes. throughout unincorporated
Monroe County. 8KeludiftlZ Oee&n Reef.. which increase allowable density/intensity.
Policy 105.4.1
Monroe County shall discourage future land use amendments which increase density
or intensity bv including with staff analysis for review and consideration by the
BOCC the followinsz:
(1) A needs analysis thrOUWt 2020 considerine::
a. The amount of vacant land:
b. Adopted density of existing future land use designations and their
existina yields:
c.. The {'roiected population:
d. The projected rate of JZrowth allocations: and
e. The availability of public facilities and services.
(2) Consistency with and impact of existing rate of growth and smart growth
regulations for guiding development toward a~l'ropriate areas of Monroe
County
(3) An analysis of climate change imDacts on the proposed FLUM change.
(4) Cempatihility .,,'W,ith die 1977 ~\ir Installation Cemp8tihle Use ZeBl'S fer
NlV.~aI ~-\ir Statiaft Key West. Evaluate the compatibility with Naval Air
Station Key West and utilize the best available data existin2 at the time a
future land use map amendment is proposed and reviewed.
10/8l2009
09-02 Monroe County Comprehensive Plan ORC Response
3of3
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.
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARlIE CRIS T
Govemor
THOMAS G PElHAM
Sec:twtl'Y
July 13. 2009
Ms. Colleen Castille
Go Green Strategies
200 West College Avenue. Suite 3 J , D
Tallahassee. Florida 32.30'
Dear Ms. Castjne;
Thank you for the opportunity to meet with you to discuss your client's concerns regarding the
draft rule proposed by the Administration Commission rule for Monroe County. This letter summarizes
our discussion on June 23. 2009.
fssue I: Ocean Reef has requC'Sted that the proposed Monroe County rule be revised to exclude
Ocean Reef from the following language:
Monroe County shaJ' transmit a comprehensive pi... policy discouraging future I...d use
changes, throughout unincorporated Monroe County, including Oeeu Reer, which
increase allowable. density/intensity.
The proposed I...guage applies to Monroe County in its entirety. Since Ocean Reef lies within
unincorporated Monroe County. the language also applies to Ocean Reef. The Department of Community
AfTairs (Department) will remove the words "'Ocean Reef- from the proposed rule in order to not single
out Ocean Reef. Proposed land use amendments &om MOIIroe County. including those proposed for the
Ocean Reef Cfub Master Plan will be evaluated under the Department's authority provided by Sections
163.3178 and 380.0552. Florida Statutes. the State and Regional Plans. Rule 91-5. Florida Administrative
Code. and other appropriate regulations.
'ssue 2: Ocean Reef Club requested confmnation that the Ocean Reef Club Master Plan will
continue to be exempt trom the requirement to obtain Rate of Growth (ROGO) allocations for
development. The Department has reviewed the 1975 Binding Letter of Intetprer.uion of ~velopment
which vested Oce... Rc..aefClub for up to 2000 units (Attachment A). 'n addition. Monroe County issued a
Vested Rights Determination (Attachment B) to Ocean Reef in 1988 followed by numerou~ actions since
that time cOIItinuinll to Vcst the Ocean Reef Club in its entirety. Development of :WOO unils at Oc:ean
Reef will continue to be exempt from the requirement to obtain a ROGO allocation. However. an~
development bq'ond the 2000 ve...tcd units described in dJe attached documents will require an allocation
from Monroe County.
If additional densil)' and inrensil) is contemplated be)'ond thar vested, Monroe Counl} must
'iubmit it ~omprehensi\lt" plan amendment to d~signate Ocean Reef""ithin the Ticr S}'stem. The adopt'--d
2151 SHUMARD OAK BOULEVARD . TALLAHASSEE. FL 323"-2100
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July J 3,2009
Page 2
Com,nhensive plan exempts Ocean Reef Club Iiom the Tier S)'stem and provides a scpll'llte cleariq
limit of forty percent. The Tier S)'SIem guides the allocation system and subsequent development based
upon the JMl'Cel's location within nmuaJ areas and intill areas containing in&lstructure. The Ocean Reef
Club was not dcsilllated within the Tier System and the Cocmty has no methodology 10 a'lsign points for
future allocations beyond Ihose vested. Proposed incrases will be subjecllo review if IIIe increases
triger the Development of Rcgionallmpact threshold for Monroe C OUDry.
Issue.3: Ocean Reef requested a continued exemption tiom inclusion within the Florida Keys
Hurricane Evacuation Model based upon hmguage in the Monroe County Land Development Relulations
at Section 9.5-12 J. Since 1992, this section hu provided an exemption &om obtaining a ROGO
allocation for JMl'Cels within North Key Largo area based upon a 1989 Tf1IIIsportation Analysis that found
that dcYclopment in NordI Key LaIJO does not impact hurricane C\'8Cualion times,
Ocean Reef Club is located at the iiJtcrscction of C..... Sound Road and County Road 90S.
Ocean Reef residents utilize Card Sound Road to evacuate throup Florida City durina a mandatory
evacuation. Card Sound Road WIS not utilized as a hurricane CYllcuation route when the 1992 Rate of
Growth Ordinance was adopted due to the potential for tJooding. EICYlltion improvements have been
made to Card Sound Road and it is now used. along with US Highway I. for evacuation purposes.
e
Both Section 163..3178 and Section 310.0SS2. Florida Statutes, requ~ that Monroe County
maintain a 24 hour hurricane eYICuation time. The Department has included the dwelling units and
population of Ocean Reef within hurricane modeling since the Miller Model update in 1999, The model
includes adjustments to retJect OCCupancy rates for seasonal and permanent units. The Department is
unable to provide an exemption &om inclusion in the hurricane evacuation modeling because Card Sounde"Road is now utiliad as a hUrricane evlCuation route, dac total population for Monroe County has been
included in all evlCuation analyses since 1999. and Florida Statutes do not contemplate any such
exemptions. further, Ihc Department will recommend that Monroe County amend its land development
regulations to delete the language at Section 138-22(4) that asserts that Ocean Reef docs not in crease
hurricane evacuation rimes.
Thank you for your Rquest to clari~ these issues. If additional infonnation is needed.. please
contact Rebe<:c:a Jetton. the Department's representative for the Florida Keys. at ISO 922-1766.
Sincerely.
~~ @Lt<.~
Thomas G. Pelham
Secretary
rP/rj
CC: Andrew Tri...ette. Monroe Count)' Pranning Director
DI~'id RiI7... OCRA
Attachments
! 0
V^ 'J' t' ,.
~, '0 :' ~ J\,~ (;1
D~~/
-
::iT ^ .:'J~ () J' J' l"nUI J)}\
1Jt"purf1tt~t1t nf A~mhth;truUJ.ll1
D1\';5;011 of Stare; Ill:;nning
6Cf.J ~fAlKt~ I',rk"..,y · 10M rS~;Wlng
lIe-ut.... frn. A,.k"""
~y. 110'.1
Ear' ~J. Scarnes
,-'!'r "U~'\I'" .....up
'}'ll^ LLA"l.ASH~1.~
~'304
LI. Gow_ J. ". · Jl m. \'1'11 U IJ fl."
I,u "'" ~ ,..,.. ...&U".
(90") 488-4925
July 11, 1975
to 3 ~ ((-tAM
O1D6 {) lLn~+S
William J. Kobe~ts, Esquire
Post. Office !JQX 1386
!l'allabassec, Plorida 32302
J)oar Hr. nabe~tf;:
aa.~cd on tho information you bAve provided BIlc1 the spGCific
tactual circumstances regArding yo-JE' developaent, tlaa Division of State
Planning hea re',iewed your request for a c1otQ.t'Daination ot status datad
J.1fty 13, 1975, And has four,d that tho pz:oposoc1 OCoan Reef Club Residential
and Port Ptaclli-.:y develOlo':leDt i.n ~y Largo, Monroe County (Soetions 5, 6,
'7, 8 and 18, TS9S, R.Jl!:, and Section" 1, 12 and 13, '1'599, R402J is a
_........_L ,,-:M as legally del1JleCl 1n Chapter 22P-2.09 and
2.10, Florida AUW.nistrative Code. l'urthe1'llOre, it has .been deter.tDed
'that your right" have voatad pursuant to Section 380.06(12), rl9r1.c1a
Statutes. for the follow.in9 portions of tha development.
a. eRCJsiden tial Sa:b-!i vi,iM8
Ocean Re=,t Plat 1 itllelldttd
Chal,ncl I:.)' (O.:can Reef P1a t -1)
OCOall Reef Plat 3
Replot of Pa~tion of Ocean Ree! Plat 3
S\Ultlct t:a)' (A s~')divisioll of a portion of Tract D-Ocoan RoGf Plat: 3)
A1ended , correct~d Plat of Grayvik S\d1dlv1sion
A rl.~plit t of portion of Gral"Vik subdivision
Grayvlk ~:xtcnvion (Oce-an R~ef Plat 2)
Firat addition to C~ayY~~ Ext~~siDn .
A l'~'plilt. of a (.'OletJon of GraYt/ik Extonsion (Ocelln lteof plat 2)
.FirGt rc~isjon to First Addition to Grnyvit Exton.ion
Allgclfish Cay (O-:oan Ree! l'J"t 5)
Fai!.""8}8 r.ak~8
"-ondL'tt F1J.st "0\'1Iio11 t.o ^ll901fiah Cay (Ocean Reot Plat 5)
.8uq.'\Jcln cay CC\":can Kt!(lC rlilt 7)
'J11.{rd ."vl!J.1on to Fu=pJcill ellY (OCDAR Rael Plat 7)
Golf Vjl1,'1~u (~oan K.x-i 1'},l t 9J
tr111J.idll ~. '(t.lh(,,;C.~, t'.s'.juil":
July 11, 1975
pa.;o '1'110
lanc:hor DJ. i vc
PU::Ij..: in C:iJY (4 tJ. rr:'Ji$!o:,)
Snllf'I#or: l'ui n t
naxrac~J~ cay (Ph~sc II)
~URri~o Coy (Pha~c Ill)
b" l&ort Facili t,2
"Sunr).so ellY" MarinA (350 boat slips)
~'ho Dlvisiol~ has Also c1ctomtnlid that your rlgl1ts JlItvn not vested
for tb& propcwocl 2t 8 un! ta - IIllarbor Courso It subdivisioJ).. Therefcare, O!:ean
Roof Club, Inc. will be J:r:quired to co:'lply with tho provisions of Sc:ctlon
300.06, Florida Stl.tutes, an:1 Chapter 22P, Plorlda Mlainistrativa Code,
for the p%:oposed "Jlaxbol- Courso" suhdivlw.on, if at any tiJr:e in the futuro
this ...\1b:1ivision or additional properties be Pftrt or a COIN1On plan of rantal,
advftrtisihCJ, br sale Which will 8Cf\l&1 or eXCIted thCt 1.osidonti41 tllrosholc1
1u Chapter 2:2F-2.10, Ploriac Ad:dnistrativc Codo.
~:l. deterD:.nation does not obviate the neGd to COIIply with other
applicablo state 01: lee.l PflrMitt.ing procedural.. Any quoctioDS .regarding
this d.~erJ:dna t.ion nay be <lh..cted to Lao Florea, Associate Plannor, Bureau
of Land and Watc~ Managea.nt.
.I hopo thJs determination will be of ...18t.anc:e to )'OU.
Sincere ,
f ~~---_.
R. . WhIttle, ilr. 7
Acting Director
Division of Statu Plann:J.l1g
KCM/IS lco
.-
RESOLUTION NO. 183-2009
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TRANSMITIlNG TO THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS, AN ORDINANCE BY THE MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS CREATING
OBJECTIVE 105.4 AND POLICY 105.4.1 OF THE MONROE COUNTY
YEAR 2010 COMPREHENSIVE PLAN; DISCOURAGING FUTURE LAND
USE CHANGES WHICH INCREASE DENSITY/1NTENSITY; REQUIRING
MONROE COUNTY TO COMPLETE A YEAR 2020 NEEDS ANAL YSIS
BASED ON PROJECTED GROWlH AND OTHER CRITERIA
WHEREAS, the Monroe County Board of County Commissioners held a public hearing for the
purpose of considering the transmittal to the Florida Department of Community Affairs for review and
comment of a proposed amendment to the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, the Monroe County Planning Commission and the Monroe County Board of
County Commissioners support the requested comprehensive plan amendment; and
NOW THE RrORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
[Amendments are presented in 8lriketMeagh to indicate deletions and underline to indicate
additions to text. All other words, characters, and language of this subsection remain unamended.]
SeetioD I: The BOCC proposes adoption of the folJowing amendment to the Monroe County Year
2010 Comprehensive Plan
Obiective 105.4
Monroe County shall discourage future land use chanaes. throu2hout unincomorated Monroe
County. excludin2 Ocean Reef. which increase allowable density/intensity.
Policy 105.4.1
Monroe County shall disco~e future land use amendments which increase density or
intensity bv including. with staff analysis for review and consideration by the BOCC. the
followina:
(1 ) A needs analysis throu,h 2020 considerinv:
a. The amount of vacant land:
b. Adopted density of existing future land use desi2llations and their existina
~
c. The proiected population:
d. The projected rate of ,mwth allocations: and
e. The availabililY of public facilities and services.
(2) Consistency with and impact of existin~ rate of growth and smart IZrOwth rc;euIations
for pidin8 development toward 8J'plooriate areas of Monroe Countv
(3) An analvsis of clima~ change illlDlCts on the prooosed FLUM amendment
(4) COJltPlltibilitv with the 1971 Air Installotion Com_ble Use Zones for Naval ~r
Station Key We~t
SectIoa 2: The Board of County Commissioners does hereby transmit the proposed amendment as
part of the second (2~ 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
Seed. 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.006 of the Florida Administrative Code; and
SeI;Jjoa 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 of Monroe County,
Florida, at a special meeting held on the 13'" day of July A.D., 2009.
~ ~
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(SEAL)
A 'nEST: DANNY L. KOLHAGE, CLERK
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Mayor George Neugent
Mayor Pro Tem Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Canuthers
Commissioner Mario Di Gennaro
Yes
_ Ye!-
No
YIUI
Yes
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA
BY ~~.. n....,.r
Mayor George Neugent
~aL.J2,Q. ~
DEPUTY CLERK.
~~~1